SCOTUS

Marbury v Madison, 1803

Case granting SCOTUS judicial review

6-3 in favour of Republicans.

Current split of SCOTUS justices

SCOTUS appointment process

1. Nomination - President nominates for the SC vacancy

2. Senate Judiciary Committee - Sent to SJC for a thorough review, where candidates qualifications and background are evaluated at length.

3. Confirmation Hearing - The SJC holds a hearing where the nominee is questioned about their legal view, qualifications, & other issue. All Televised.

4. Senate Vote (SJC Vote) - The SJC votes on whether to recommend the nominee to a full Senate confirmation vote.

5. Full Senate Vote - Senate debates & votes on the nomination, requiring a simple majority to pass.

6. Swearing-in - Once confirmed the new justice takes an oath of office and begins serving on SCOTUS

Brown v. Board of Education (1954)

Overrules Plessy v. Ferguson (1896).

Racial segregation violates 14th Amendment under the ‘Equal Protection Clause’ ("separate is inherently unequal")

Roe v. Wade (1973)

Abortion rights fall within the right to privacy implied in the 14th amendment, making abortion a federal issue.

Dobbs v. Jackson Women's Health Organisation, 2022

Ruled Roe v. Wade (1973) unconstitutional as it went against 14th amendment and abortion was a states rights issue.

Bush v. Gore, 2000

Use of 14th Amendment's equal protection clause to stop the Florida manual recount in the election of 2000, giving Bush the win.

Dred Scott v. Sanford (1857)

Outlawed Missouri Compromise.

Denial of slavery was a 5th amendment property violation.

Blacks were NOT citizens once free.

Plessy v. Ferguson (1897)

Legalized segregation in publicly owned facilities on the basis of "separate but equal."

Schenck v. United States (1919)

Speech creating a "clear and present danger" is not protected by the First Amendment.

Obergefell v. Hodges (2015)

Same-sex couples have a constitutional right to marry.

Strict Constructionist

Interprets the Constitution according to the literal reading of the text. (Conservative).

Loose Constructionist

Constitution should be interpreted in light of modern beliefs & circumstances. (Liberal)

Originalists

Interprets the Constitution in the spirit of the Founding Fathers intentions. (Ultra-conservative)

Living Constitution

Constitutional principals should be interpreted in light of modern values and societal needs.

Strict Constructionist justices

Hugo Black (1937-71) - FDR

John Roberts (2005-) - Bush Jr.

Samuel Alito (2006-) - Bush Jr.

Neil Gorsuch (2017-) - Trump

Originalist Justices

Clarence Thomas (1991-) - Bush Sr.

Brett Kavanaugh (2018-) - Trump

Amy Coney Barrett (2020-) - Trump

Loose Constructionist Justices

Sonia Sotomayor (2009-) - Obama

Elena Kagan (2010-) - Obama

Ketanji Brown Jackson (2022-) - Biden

Judicial Activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

Judicial Restraint

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

Judicial Review

Allows the court to determine the constitutionality of laws

Affirmative Action

The practice/policy of favouring individuals belonging to groups regarded as disadvantaged or subject to discrimination. (Positive Discrimination).