US Judiciary + UK/US Comparison

Supreme Court

The highest court in the US, the final court of appeal interpreting the Constitution, consisting of 9 justices.

Judicial Review

The power of the Supreme Court to rule on the constitutionality of Acts of Congress, state laws, and executive actions.

Appointment Process

Vacancies filled by nominees selected by the President, confirmed by the Senate, undergo detailed scrutiny.

Conservative Majority

Justices Roberts, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett are seen as conservative, holding a majority.

Judicial Power

Includes judicial review, the ability to declare executive actions or laws unconstitutional, and interpret the Constitution.

Strict Constructionists

Justices like Thomas, Gorsuch, Kavanaugh, and Barrett who closely follow the original text and meaning of the Constitution.

Loose Constructionists

Believe in a more flexible interpretation of the Constitution, considering modern context and framers' intentions.

Protector of Rights

The Supreme Court safeguards civil rights and liberties, interpreting and protecting the Bill of Rights.

First Amendment

Protects freedom of religion and speech, balancing the establishment clause and individual rights.

Second Amendment

Protects the right to bear arms, subject to differing interpretations by liberals and conservatives.

Second Amendment

The individual right to bear arms as interpreted by Conservatives, confirmed in District of Columbia v Heller (2008).

Eighth Amendment

Prohibits excessive bail, fines, and cruel and unusual punishments, including the legality of the death penalty in 27 states.

Judicial Review

Allows the Supreme Court to check the constitutionality of laws and government actions, ensuring civil rights are protected.

Political Significance of the Supreme Court

Criticisms of the Court making political decisions, such as in Roe v Wade (1973), leading to debates on judicial activism.

Brown v Board of Education (1954)

Overturned 'separate but equal,' ending legal segregation in schools, a landmark case for civil rights.

Obergefell v Hodges (2015)

Legalized same-sex marriage across the USA, highlighting the role of the 14th Amendment's equal protection clause.

Roe v Wade (1973)

Established a woman's right to abortion in the early stages of pregnancy, sparking political debates and criticisms of judicial activism.

Planned Parenthood v Casey (1992)

Upheld rights of the state to regulate abortion, only of the regulation was not an ‘undue burden’ on a woman seeking an abortion

Gonzales v Carhart (2007)

Ruled in favour of the Partial Birth Abortion Act 2003 after it was ruled unconstitutional in lower courts

Whole Woman’s Health v Hellerstedt (2016)

Rule 5-3 that restrictions placed on abortion clinics by state law were unconstitutional

When was Roe v Wade overturned?

June 2022

What are some similarities in history between the US and UK SC’s?

Both were designed to be independent and separate from the other 2 branches of government

What are some differences in history between the US and UK SC’s?

US SC was established in 1790, UK SC was created in 2009 (CRA 2005)

What are some similarities in the selection and appointment of justices?

Both have detailed scrutiny of potential candidates

What are some similarities in the characteristics of judges?

All are experienced professionals and women & ethnic minorities have been historically underrepresented

What are some similarities in the tenure of justices?

Both enjoy security of tenure

What are some similarities in their judicial approaches?

Some justice practice judicial restraint, which is common in the UK