US Government- Judiciary

Why is there a lengthy selection and appointment process for Supreme Court Justices?

To ensure justices uphold the principle of judicial independence, keeping the judiciary free from the influences from other branches of government.

What does Article 2 of the Constitution say about SC justices?

Judges of the Supreme Court ‘shall hold their offics during good behaviour’, and this grants them life tenure unless they are impeached by Congress following a law break.

3 aspects of the selection and appointment process of Supreme Court Justices?

• Presidential Nomination

• Senate Confirmation

• Lifetime Tenure

Example of a Presidential Nomination? (aspect of the selection and appointment process)

Obama (2010)- He nominated Elena Kagan in 2010, she was the last without experience from the US Court of Appeals. She worked as a solicitor general from the US Justice Department

This is insignificant as the President can just elect anyone as the Constitution doesn’t specifically state that the justice needs specific qualifications.

What happens after the short-listing of nominees?

They are subject to background checks by the FBI, looking at their suitability for the position. They review financial and academic records and may interview people in relation to you.

Justice Anthony Kennedy (1988-2016)- He was interviewed for 10 hours by the FBI, showing how intense the process can be

Example of Senate Confirmation? (aspect of selection and appointment process)

Amy Coney Barrett (2020)- Senate vote was 52-48, with Republicans providing the majority votes. She was nominated by Trump

What is the Senate Judiciary Committee?

They are the committee which holds hearings where nominees are questioned about experience, views and qualifications. Proceedings by this body lasted 4 days for Ketanji Brown Jackson

When was the last time the Senate rejected a nominee?

Robert Bork (1987)- This was partly due to his ultra conservative views, such as him challenging the Civil Rights Act.

Example of Lifetime Tenure? (aspect of the selection or appointment process)

Antonin Scalia (2016)- Served on the Supreme Court from 1986 until his death in 2016 showing how justices can remain in office for life under the principle of lifetime tenure. He was appointed by Reagan

Is the court more conservative or liberal as of 2025?

It is more conservative, with 6 conservatives and 3 liberals. The ideological balance of the SC changes overtime. Prior to Trump the ideological balance was 5-4 in 2016, wth a democratic majority.

3 different ways the SC interpret the Constitution?

• Originalists

• Strict Constructionists

• Loose Constructionists

What is Originalists? (Way the SC interpret the Constitution)

They interpret the Constitution according to the original intent of the framers?

DC v Heller (2008)- Court interpreted the Second Amendment as protecting an individuals right to bear arms, closely referencing the framers’ intent

What is Strict Constructionists? (Way the SC interpret the Constitution)

They follow the literal words of the Constitution, and avoid reading in implied ways

US v Lopez (1995)- The Court limited Congress’ power under the Commerce Clause, adhering closely to the literal text of the Constitution

What is Loose Constructionists? (Way the SC interpret the Constitution)

They interpret the Constitution as a living document, that is meant to adapt with society as time goes on

Obergefell v Hodges (2015)- Right to same sex marriage, banning it would violate the 14th Amendment, even though this is not explicitly said in the text.

What happened in the case of Roe v Wade (1973)?

Roe challenged a Texas law banning most abortions. The SC ruled 7-2 that the law was unconstitutional. They held that women have the constitutional right to privacy under the 14th Amendment, which includes the decision to have an abortion

What happened in the case of US v Lopez (1995)?

Lopez brought a gun to school, and he was charged under the federal Gun-Free School (1990) which made it a federal crime to bring a gun into school. He argued that Congress had exceeded its powers under the Commerce Clause because education and schooling are mainly state responsibilities, SC voted in favour of Lopez 5-4 stating that the federal law was unconstitutional

What happened in the case of DC v Heller (2008)?

The District of Columbia banned handguns and required firearms in homes to be unloaded or bounded by a trigger lock. Heller, a police officer, argued that it violated his 2nd Amendment right to bear arms. The SC were in favour of Heller, 5-4 arguing that the 2nd Amendment protects an individuals right to possess firearms for self defense in the home, this was also the first time the Court struck down a federal law based on an individual right to bear arms

What happened in the case of Obergefell v Hodges (2015)?

James Obergefell, one of the plantiffs sued to have his same-sex marriage registered in Ohio. He argued that bans like this in states violated the 14th Amendments Equal Protection Clause, as it was treating same-sex couples differently from opposite-sex couples. The SC voted in favour of Obergefell 5-4, and this led to legalised same-sex marriage nationwide

3 ways the SC performs its role as the ‘Guardian of the Constitution?

• Judicial Review

• Interpreting the Constitution

• Checking Other Branches of Government

What is Judicial Review and give an example of it? (Way SC performs its role as ‘GoC’)

The process in which US Supreme Court justices decide whether a law or government action is constitutional

Obergefell v Hodges (2015)- The SC examined whether state bans on same-sex marriage were constitutional. Using judicial review the Court struck down those state bans, ruling they violated the Constitution.

Example of Interpreting the Constitution? (Way SC performs its role as ‘GoC’)

Brown v Board (1954)- The Court interpreted the 14th Amendment’s Equal Protection Clause to mean that ‘seperate but equal’ schools were inherently unequal

Example of the SC checking other branches of gov? (Way the SC performs its role as ‘GoC’)

US V Nixon (1974)- Nixon claimed executive privilege to refuse handing over Watergate tapes to Congress and the courts. The SC ruled unanimously that the President is not above the law and must hand over the tapes.

3 ways that the SC is politically significant?

• The Supreme Court shapes public policy

• The Supreme Court acts as an effective check on the executive

• The Supreme Court protects constitutional rights

Example of the SC shaping public policy? (Way the SC is politically significant)

Obergefell v Hodges (2015)- This case led to the legalisation of same sex marriage. This is politcally significant because unelected judges influence policy direction

Example of the SC acting as an effective check on the executive? (Way the SC is politically significant)

US v Nixon (1974)- This case is politically significant as it ensures that no President is above the law

Example of the SC protecting constiutional rights? (Way the SC is politically significant)

US v NY Times (1971)- The Nixon Administration tried to stop the NY Times from publishing the Pentagon Papers, claiming it threatened national security. Court ruled that the government could not prevent publication and it interpreted the First Amendment as strongly protecting freedom of the press. The decision reinforced the 1st Amendment, safeguarding press freedom and democracy, and this is politically significant because free press is essential for gov accountability.

3 limitations of the SC

• Impeachment

• Process

• Enforcement

Example of Impeachment as a limitation of the SC? (Limitation of SC)

Samuel Chase (1804)- The HoR voted to impeach him due to accusations of political bias and misconduct in his rulings and behaviour on the bench. However during the Senate trial he was acquitted so he remained in office.

Example of how Process is a limitation of the SC? (Limitation of SC)

The court cannot act on issues unless a case is brought before it, it has no power to initiate cases.

Evidence- Around 7,000-10,000 cases are filed yearly, but the Court only hears about 100-150 cases

This is signficant as it makes Courts of Appeals very powerful, as many cases are defered to them.

Example of how Enforcement is a limitation of the SC? (Limitation of SC)

The Court has no powers of enforcement, so relies on executive brancg to enforce its rulings.

Brown v Board (1954)- After this ruling Governor Faubus used state national guards, to block black students from attending Little Rock High School in Arkansas, forcing Eisenhower to send Federal troops to protect the students.

What does it mean to be ‘politicised’?

To be politicised means that an institution or body is influenced by politics rather than acting purely on law, rules or neutrality.

2 Premises showing that the US Supreme Court has become politicised?

• Appointment Process

• Courts making laws rather than interpreting them

Example of the Appointment Process being politicised?

SC justices are nominated by the President and confirmed by the Senate, both political bodies, this means that the Court can reflect the political priorities of the appointing President.

Amy Coney Barrett (2020)- Trump repeatedly said stated throughout his campaign that he would nominate a judge was pro-life

Example of Courts making laws, rather than interpreting them, making the US SC politicised?

Sometimes the SC issue ruling that effectively create new policy, going beyond simply interpreting the Constitution.

Obergefell v Hodges (2015)- which legalised same-sex marriage nationwide

By making decisions that chnage the law, the Court takes on a quasi-legislative role, which some may argue is politically motivated.

What are Civil Liberties?

Protections from government interfernce, usually guranteed by the Constitution. The purpose of civil liberties is it ensures individuals can excercise freedoms without government restriction

What are Civil Rights?

Protections that ensure equal treatment and prevent discrimination, usually enforced through laws or government action. The purpose of civil rights in to ensure that individuals can participate fully and equally in society.

3 ways in which landmark rulings of the SC have protected civil rights and liberties?

• Protecting civil rights through desegregation

• Protecting civil liberties such as freedom of the press

• Protecting civil liberties through personal freedoms

Example of the SC protecting civil rights through desegregation? (landmark rulings that have protected civil rights/liberties)

The Court has used ruling to end racial discrimination and promote equality

Brown v Board (1954)- It declared racial segregation in public schools unconstitutional

This is significant as it ensured equal treatment under the law and protected the civil rights of minorities

Example of the SC protecting civil liberties such as the freedom of the press? (landmark rulings that have protected civil rights/liberties)

The Court enforces constitutional freedoms against government interference

NY Times v US (1971)- Prevented Nixon from censoring the Pentagon Papers.

This is significant as it upheld freedom od speech and press, key liberties in a democracy

Example of the SC protecting civil liberties through personal freedoms? (landmark rulings that have protected civil rights/liberties)

The Court has defended individual rights against government intrusions.

Obergefell v Hodges (2015)- Guranteed same sex couples the right to marry nationwide

This is significant as it protects personal freedom and equality, showing the Court can uphold civil liberties even when it is controversial or politically sensitive.