POLI SCOTUS

What is the main idea of Smith 9-2?

Advocates for active judicalism

What is the main idea of Smith 9-3?

SCOTUS is the least dangerous branch

What is the main idea of Smith 9-4?

The legal and extralegal frameworks are essential in reaching a decision

What is the legal model?

Decisions that rely on the law

What is the extralegal model?

Decisions that consider factors other than the law

Who are the 3 Dem appointees on SCOTUS?

Sotomayer (Obama), Kagan (Obama), and Jackson (Biden)

Who are the 6 Rep appointees on SCOTUS?

Thomas (GWH Bush), Roberts (GW Bush), Alito (GW Bush), Gorsh (Trump), Kavenaugh (Trump), Baret (Trump)

What diversity is their in the court?

4 Women, 2 African American, 1 Latina

What did a 2010 survey find about public knowledge about justices?

2/3rds couldn’t name a justice; 1% could name all

What is common public opinion about SCOTUS?

Good

What is judicial activism?

Judges make decisions with larger social impact in mind

What is judicial restraint?

Judges stick only to strict reading of the constitution

What is the attitudinal model?

Judges decide based on their liberal or conservative ideology

What is the legal model?

Justices decide based on the law

How are SCOTUS apponties nominated?

Nominated by the President and confirmed by the Senate

How has SOCTUS nominations changed over time?

Have become more political

What relationship is there btw judges and presidents who appointed them?

They vote in block

What percentage of Supreme court decisions are unanimous?

40 Percent

What article established the judicicary?

Article 3

Where does the power of the court come from?

Judicial review

Is judicial review in the Constitution?

No

Where does Judicial review come from?

Marberry vs Madison

How can Judicial Review be overturned?

2/3rd and ¾ majority can overturn judical review meaning; amend the consitiution

What have been the few times that Judicial review has been overturned?

Flag buring, Presidential line veto, and same sex marridge

Who imposes the limits on the court?

Self imposed

How does the court limit its power?

Refuses to get involved in political questions and waits until contrevesry ends before making a ruling

What is the highest form of law in the US?

Constituional Law

Can you describe the Supreme Court?

Highest; 9 Justices; Mostly Apellate

Can you describe the US Court of Appeals?

13 districts with 170 justices; 3 judge panels hear appeals; 33,000 cases per year

Can you describe the US district Courts?

94 district courts with 650 judges; Trial courts with original jurisdiction; 225,000 cases per year

What is a Writ of ceritorari?

A formal request to have SCOTUS review a decision from a lower court

What is the rule of 4?

4 justices get to grant Writ of ceritorari?

Does a denial of certitorari imply anything?

No

What types of cases does SCOTUS take?

Lower court and state court contradict, civil liberty/civil rights, judicial preferences, and Fed gov as an appelant

What is the process for a SCOTUS decision?

Oral arguments, conference, opinion writing, forms a majority, dissents and concurring opinions

What new political elements are in SCOTUS?

Office of Legal Counsel, participation of Media groups, increased media attention