| Why is Rulings made by the Supreme Court Sovereign? | -The Court is Ruling in Accordance with the USCON, which is where All Sovereignty lies.
-The Rulings are based on this Document, which means thus, any Rulings can change the Landscape of America |
| How has the Supreme Court affected the Public Policy: Free Speech | -Snyder v Phelps (2011) had Affirmed the Extent of Free Speech, which is Protected by the 1st Amendment (Offensive or Outrageous Speeches)
-Citizens United vs FEC (2010) had allowed Firms and Unions to have same Free Speech Rights, allowing them to spend Unlimited amounts on Political Campaigns
-Mahoney Area School District vs B.L (2021) had allowed Students not be Punished for Off-Campus Speech that didn't disrupt the School Environment |
| How has the Supreme Court affected the Public Policy: Healthcare? | -California vs Texas (2021) led to Obamacare being Upheld once again.
-National Federation of Independent Business vs Sebelius (2012) upheld the Affordable Care Act
-Dobbs vs Jackson Women Health Organization (2022) had Overturned Roe vs Wade |
| How has the Supreme Court affected the Public Policy: Election Finance? | -Citizens United vs FEC (2010) led to Firms spending Unlimited Amounts on Political Campaigns. |
| How has the Supreme Court affected the Public Policy: Gun Control | -Caetano vs Massachusetts (2016) led to the Expansion of the Second Amendment - Instruments that contained Bearable Arms under the Second Amendment
-New York State Rifle & Pistol Association vs Bruen (2021) had ensured People of New York to carry out the Second Amendment to Bear Arms in Public |
| What does Judicial Activism and Judicial Restraint mean? | -Judicial Activism refers to Justices using their Power to Promote a Desirable Social End
-Judicial Restraint refers to Justices allowing the Legislature and Executive to make Decisions, as they are Politically more Accountable |
| What are the Criticisms of Judicial Activism? | -The Supreme Court is Unelected and so Unaccountable
-Goes Against the Theory of Separation of Powers
-Override Importance of Stare Decisis (Previous Rulings should Stand - Status Quote)
-Limited Checks on the Supreme Court to Balance the Power
-Undermines the Court's Politically Neutrality and Independece |
| What are the Criticisms of Judicial Restraint? | -Deference by the Supreme Court can lead to Breaches of the USCON going Unchecked
-Congress and the President will avoid Difficult, Controversial Topics
-With no Interpretation, the USCON would become Out of Date
The role of the Supreme Court is Outlined by the USCON, and it needs to Act to Uphold this
-Rights Apply to ALL and Elected Branches will often take some time until they Realise that |
| What are Constitutional Rights? | -Rights Outlined for Citizens within the USCON, Bill of Rights and Amendments |
| How has the First Amendment been Impacted by Supreme Court rulings? | -The Free Speech Amendment
-Citizens vs United (2010) Texas vs Johnson (1989) (Flag Burning) and Snyder vs Phelps (2011) have all Expanded Freedom of Speech |
| How has the Second Amendment been Impacted by the Supreme Court Rulings? | -The Right to Bear Arms
-Chicago vs MacDonald (2010) Caetano vs Massachusetts (2016) and New York Rifle and Pistol Association vs Bruen (2021) have Expanded the Second Amendment Usage |
| How has the Fifth and Seventh Amendment been Impacted by the Supreme Court Rulings? | -Guarantee of Trial, by Jury, and Right to no Self-Incrimination
-Miranda vs Arizona (1966) ensured Suspects are read their Rights. |
| How has the Eighth Amendment been Impacted by the Supreme Court Rulings? | -No Cruel and Unusual Punishments
-Bucklew vs Precythe (2019) Ruled that Inmates receiving the Death Sentence do NOT have the Right to a Painless Death |
| How has the Thirteenth - Fifteenth Amendments been Impacted by the Supreme Court Rulings? | -Civil War Amendments
-Due Process Clause has defended Abortion (Roe vs Wade) and June Medical Services vs Russo) 1976 and 2020 and also Same-Sex Marriages (Obergefell vs Hodges) 2015 |
| What may Limit the Effectiveness of the Supreme Court's Decisions? | -Even though 1 Party's Rights may be Upheld, it may be at the Expense of the other Party's Rights
-The Supreme Court can not Directly Force their Rulings, and must rely on the State and Federal Governments to do so, which they usually, but not always do. |
| What did the US Declaration of Independence say about Men? | -Stated that 'All Men are Equal' despite it taking another 100 Years for a Civil War to create the Abolishment of Slavery |
| What effect did the Civil War Amendments have? | -Between 1865-1870, the Civil War Amendments tried to Guarantee the Rights of Newly Freed Slaves
-But the Jim Crow Laws had ensured for Decades after, there was Disenfranchisement and Discrimination
-The Supreme Court had allowed for Segregation to happen. |
| What effect did the Civil Rights Movement have? | -Throughout the 1950s and 1960s, Mavericks such as Martin Luther King Jnr and Malcom X radically Strived for Equality
-The 1964 Civil Rights Act had outlawed Discrimination on Race, Colour, Religion, and Sex
-1954 Supreme Court Case in Brown vs Topeka had Reversed the 'Separate but Equal' Ruling |
| How do Groups try to Fight for Equality and create Awareness and Pressure? | -Filing Amicus Curiae (Legal Documents given) to Supreme Court, or Taking Cases to Court, like BAMN in 2014 over a Ban on Affirmative Action in Michigan
-Protesting: The Death of George Floyd from Police Brutality spurred BLM and Further Civil Rights Movements
-Social Media: Notable Growth, considering the Recent Palestinian Marches being Mobilised via Social Media |
