Review Flashcards on External Constraints on Judicial Power

Flashcards reviewing external constraints on judicial power and related topics.

What is the dilemma of Judicial Independence?

Federal courts are highly independent, possessing veto power over Congress and presidential actions, and even state judicial power is considerable, but their orders are not self-enforcing, relying on perceived prestige.

How did Congress respond to the Supreme Court's decision in Mobile v. Bolden (1980)?

Congress overturned the Court's decision in Mobile v. Bolden (1980) by rewriting the Voting Rights Act (VRA) to address discriminatory effects in elections, leading to the Thornburg v. Gingles (1986) case.

Which amendment overturned the Scott v. Sandford (1857) decision?

The Thirteenth Amendment (1865).

What does it take to amend the Constitution (Article V)?

⅔ of state legislatures can call for a convention to amend or replace the Constitution, needing ratification by ¾ of state legislatures, or Congress can approve with a supermajority in both houses (⅔), needing ¾ ratification of state legislatures.

What is required for the judiciary to effectively implement its orders?

The judiciary needs an ally to force implementation; ignoring orders is an implementation issue.

According to Segal's papers, what are the attitudinal and strategic models of judicial decision-making?

The attitudinal model suggests the Court does not need to act strategically, while the strategic model suggests the Court plays a more sophisticated political game; findings suggest justices mostly don't cater to others.

According to Segal, how is the judiciary constrained by Congress, and who are the key pivot players?

Congress maintains' the Court and can retaliate through various means. Important pivot players include the median voter, president, veto override players, house judiciary committees, and rules committee.

What is 'interposition/nullification' and what clause counters it?

Interposition/nullification, where states claim they don't have to implement Court decisions, is countered by the Supremacy Clause.

What are Court curbing bills?

Court curbing bills are not serious legislation but serve to scare the Court

According to Sheehan, which justices care more about public opinion?

Moderate justices are more sensitive to public opinion than those on the far ends of the spectrum.

What is the difference between de jure and de facto segregation?

De jure segregation is segregation by law, while de facto segregation is segregation resulting from historical patterns/reality.

What are the direct and indirect effects of public opinion on the Court?

Direct effects involve caring about public opinion for legitimacy, while indirect effects involve elections/appointments.

What is the Republican schoolmaster hypothesis?

The public learns from the Court.

According to the Borden Paper, what accounts for harsher sentences?

Punishments tend to be stricter closer to elections, especially in super violent cases, and gender discrimination shows men get harsher sentences.

According to the Wilhelm Paper, what invites pandering in judicial decisions?

Salient cases invite pandering; lower justices have more incentive to play nice with the public; pre-clearance is used to have legislation approved out of state.

What are the four types of state court accountability methods?

Partisan elections, non-partisan elections, hybrid methods, and retention (Missouri plan).

What are the varieties of legitimacy?

Specific support relates to individual outcomes, while diffuse support relates to long-term trust and legitimacy among the public.

According to Peltason, which judges face the most pressure and why?

District judges face the most pressure because they live in their community, particularly in the fifth circuit due to religious and cultural factors.

What are the categories of Southern states based on Civil War involvement and resistance to desegregation?

Deep South (LA, MS, AL, GA, SC), Rim South (TX, AR, TN, FL, NC, VA), and Peripheral (OK, MO, KY, DE, MD).

What actions could district judges take when people complained about the South's speed or way of desegregating?

Dismissing on procedural grounds, delaying action, ordering desegregation, and retaining jurisdiction during transition.

What obstacles were there in bringing suits against the South's miscompliance with desegregation?

Difficulty proving conduct, fear of testifying, uncertain outcomes, and limited access to resources.

What actions did the Supreme Court and Executive branch take in response to the Little Rock school crisis?

Cooper v. Aaron (1958), where all justices personally signed the decision, and Eisenhower sending in the 101st airborne.

How was violence used during desegregation?

Violence was used to scare officials into making decisions favorable to the intimidators, shifting blame to the judge.

What was the 'Southern Manifesto'?

It called upon white southerners to resist the Brown decision by all lawful means but intended to promote massive resistance.

What strategies were employed to resist desegregation?

Pupil placement programs, integrating one grade per year, and school choice/salt+pepper plans.

How did Skelly Wright combat resistance in Louisiana?

Skelly Wright combatted Louisiana's resistance to desegregation by nullifying racist laws within hours and enjoining the entire legislature.

What are the structural constraints on courts according to the 'constrained court' perspective?

Limited nature of constitutional rights, lack of judicial independence, and lack of implementation powers.

What conditions are necessary for Court effectiveness according to Rosenberg?

Dangling incentives (carrot), dangling punishments (stick), aligning with market forces, and serving as a scapegoat.

What were the key features of the congressional and executive responses to desegregation?

1957: weak, investigative powers only; 1960: little more power to DOJ; 1964: game changer, threatened funding for non-compliance.

Which act dangled money for south to comply, leads to depart of health education and welfare?

The elementary and secondary education act of 1965

What did Smith v. Allwright (1944) accomplish?

Invalidated all-white primaries.

How might lived experiences affect one's approach to behavior as a judge?

Identity can affect how someone contextualizes cases, emphasize different cases, and affect the behavior of other judges.

Does diverse bench lead to more legitimacy?

People think more legit if more diverse.

According to Black & Shien, why do justices tend to agree with the president?

Justices tend to agree with the president due to ideology, not a sense of fidelity; tailor decisions to be enforced.

Who Argued Roe v Wade?

Sarah Weddington.

Who are political audiences for the Court?

SG, president, Congress, special interest groups, states, and lower courts.

Why might the Court care how its decisions are received in the legislative branch?

Punishments/pensions, overturning decisions, clear angry dissent, or obfuscation.

Who are the colleagues and peers of the Court?

Other justices and the legal academy.

Why does the court care about the mass public?

Legitimacy.