US Supreme Court & Civil Rights (Edexcel A Level Politics): Flashcards
Exam code: 9PL0
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Define judicial review.
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Define judicial review.
Judicial review is the power of the Supreme Court to declare acts of Congress or the executive unconstitutional.
Which article of the US Constitution establishes the Supreme Court?
The Supreme Court is established by Article III of the US Constitution.
The number of Supreme Court justices has been set at since .
The number of Supreme Court justices has been set at nine since 1869.
Define judicial independence.
Judicial independence refers to the Supreme Court being protected from external political pressure when making decisions, particularly from the President and Congress.
In which 1803 case was the power of judicial review formalised?
Judicial review was formalised in Marbury v Madison (1803).
True or False?
The US Constitution explicitly states the power of judicial review.
False.
The Constitution only implies the power of judicial review; it was later formalised in Marbury v Madison (1803).
Define life tenure.
Life tenure means Supreme Court justices serve 'during good behaviour' and cannot be removed for political reasons once appointed.
What type of jurisdiction does the Supreme Court have over conflicts between states?
The Supreme Court has original jurisdiction over conflicts between states.
In which 2012 case did Chief Justice John Roberts rule against Republican interests?
Chief Justice John Roberts ruled against Republican interests in NFIB v Sebelius (2012) without fear of losing his position.
True or False?
The Constitution specifies that there must be nine Supreme Court justices.
False.
The Constitution leaves the number of justices to Congress, which has set it at nine since 1869.
US Supreme Court justices can only be removed through , and none ever has been; Samuel Chase was impeached in 1805 but acquitted.
US Supreme Court justices can only be removed through impeachment, and none ever has been; Samuel Chase was impeached in 1805 but acquitted.
Define stare decisis.
Stare decisis is respect for precedent, encouraging decisions to be based on legal reasoning rather than political preference.
Which article and section of the Constitution set out the Supreme Court appointment process?
The appointment process is set out in Article II, Section 2 of the US Constitution.
Define 'advice and consent'.
'Advice and consent' is the constitutional requirement that the Senate approves the President's Supreme Court nominees.
A simple majority of votes is required in the full Senate to confirm a Supreme Court nominee.
A simple majority of 51 votes is required in the full Senate to confirm a Supreme Court nominee.
Define life tenure.
Life tenure means Supreme Court justices serve for life and cannot be removed for political reasons once confirmed.
Who replaced Ruth Bader Ginsburg on the Supreme Court?
Amy Coney Barrett replaced Ruth Bader Ginsburg after her death in September 2020.
True or False?
All six conservative justices on the current Court were appointed by Republican presidents.
True.
All six conservative justices were appointed by Republican presidents, and all three liberal justices by Democratic presidents.
Define the American Bar Association (ABA).
The American Bar Association (ABA) is the professional body that informally vets Supreme Court nominees, rating most current justices as 'well qualified'.
What is the current ideological balance of the Supreme Court?
As of 2025, the Supreme Court has a 6-3 conservative majority.
Presidents often nominate justices, such as Amy Coney Barrett (appointed at 48), so their influence can last for decades.
Presidents often nominate younger justices, such as Amy Coney Barrett (appointed at 48), so their influence can last for decades.
True or False?
Brett Kavanaugh was nominated to replace swing justice Anthony Kennedy.
True.
Brett Kavanaugh was nominated by President Trump in 2018 to replace Anthony Kennedy, a swing justice.
Which committee questions nominees on their judicial philosophy before the full Senate vote?
The Senate Judiciary Committee questions nominees on their judicial philosophy, past rulings and legal record.
Who are the three liberal justices on the current Supreme Court?
The three liberal justices are Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.
Define judicial activism.
Judicial activism is an approach in which justices interpret the Constitution broadly and are willing to overturn laws passed by elected bodies to protect rights or adapt constitutional principles to modern society.
Define judicial restraint.
Judicial restraint is an approach in which justices avoid overturning laws or previous decisions unless they clearly violate the Constitution, deferring instead to the elected branches.
Define judicial review.
Judicial review is the power of the Supreme Court to strike down Acts of Congress that conflict with the Constitution.
In which 2022 case did the Supreme Court remove federal constitutional protection for abortion?
Federal constitutional protection for abortion was removed in Dobbs v Jackson Women's Health Organization (2022), allowing states to determine their own abortion laws.
In which 2023 case did the Court rule that Biden's student loan forgiveness exceeded executive authority?
The Court ruled that President Biden's student loan forgiveness programme exceeded executive authority in Biden v Nebraska (2023).
In Bostock v Clayton County (2020), the Court ruled that Title VII of the protects employees from discrimination based on sexual orientation and gender identity.
In Bostock v Clayton County (2020), the Court ruled that Title VII of the Civil Rights Act (1964) protects employees from discrimination based on sexual orientation and gender identity.
Which 2015 case required all states to legalise same-sex marriage?
All states were required to legalise same-sex marriage by Obergefell v Hodges (2015).
Which 2013 case weakened federal oversight of state voting laws?
Shelby County v Holder (2013) weakened federal oversight of state voting laws, leading to voter ID laws in states such as Texas and Georgia.
True or False?
A key argument against judicial activism is that it undermines democratic decision-making.
True.
Critics argue that judicial activism lets unelected judges overturn laws passed by elected representatives.
In which 2017 case did the Court strike down restrictions on offensive trademarks?
The Court struck down restrictions on offensive trademarks in Matal v Tam (2017), strengthening civil liberties.
As an example of judicial restraint, returned abortion decisions to state governments.
As an example of judicial restraint, Dobbs v Jackson (2022) returned abortion decisions to state governments.
True or False?
Judicial restraint encourages justices to overturn precedent frequently.
False.
Judicial restraint promotes legal stability by upholding precedent and avoiding sudden constitutional change.
Which 2003 case allowed race to be used as one factor in university admissions?
Grutter v Bollinger (2003) allowed race to be used as one factor in university admissions, but not in isolation.
Which 2023 case removed race as a factor in university admissions?
Students for Fair Admissions v Harvard (2023) removed race as a factor that could be considered in admissions.
Define Black Lives Matter (BLM).
Black Lives Matter (BLM) is a grassroots social movement that, particularly after the killing of George Floyd in 2020, led to widespread protests against police violence and systemic racism.
Define DACA.
DACA (2012) was an executive-led programme that protected the rights of immigrants.
limits the effectiveness of race-rights protection, as Black Americans made up 33% of the prison population in 2020 despite being 13% of the population.
Mass incarceration limits the effectiveness of race-rights protection, as Black Americans made up 33% of the prison population in 2020 despite being 13% of the population.
US interest groups such as the NAACP Legal Defense Fund protect voting rights through , as when it defeated North Carolina's discriminatory voter ID law in 2016.
US interest groups such as the NAACP Legal Defense Fund protect voting rights through litigation, as when it defeated North Carolina's discriminatory voter ID law in 2016.
Which 2013 case reduced federal enforcement powers, weakening protections in states such as Alabama and Georgia?
Shelby County v Holder (2013) reduced federal enforcement powers, weakening protections in states such as Alabama and Georgia.
True or False?
The 2020 Black Lives Matter protests led to bans on chokeholds in New York City.
True.
The 2020 protests led to local policy changes, including chokehold bans in New York City and police budget reallocations in Minneapolis.
How does increased minority representation in government affect civil rights?
Increased minority representation strengthens civil rights advocacy, as when Kamala Harris became the first female, Black and South Asian Vice President in 2021.
In 2021, the interest group Color of Change lobbied Congress in support of the Voting Rights Advancement Act.
In 2021, the interest group Color of Change lobbied Congress in support of the John Lewis Voting Rights Advancement Act.
Define the Voting Rights Act (1965).
The Voting Rights Act (1965) is federal legislation that offered protection of voting rights, later weakened by Shelby County v Holder (2013).
True or False?
Congress passed sweeping police reform legislation after the 2020 George Floyd protests.
False.
Congressional action following these movements was limited despite public outcry.
Define originalism.
Originalism is the approach of interpreting the Constitution strictly based on its original meaning as it was ratified.
Define living constitutionalism.
Living constitutionalism is the approach of allowing the Constitution to adapt over time to address issues unforeseen by the Founding Fathers.
Define 'politicians in robes'.
'Politicians in robes' describes the Supreme Court when it is deemed to be acting politically rather than as a neutral judicial institution.
Which three conservative justices did President Trump appoint between 2017 and 2020?
President Trump appointed Gorsuch, Kavanaugh and Barrett between 2017 and 2020.
In which 2012 case did John Roberts side with the liberal bloc to uphold the Affordable Care Act?
John Roberts sided with the liberal bloc to uphold the Affordable Care Act in NFIB v Sebelius (2012).
Social and political can undermine affirmative action, as when California voters rejected Proposition 16 to restore it in 2020.
Social and political backlash can undermine affirmative action, as when California voters rejected Proposition 16 to restore it in 2020.
Define stare decisis.
Stare decisis is the practice of following precedent to ensure decisions are predictable and legally grounded.
Which 2018 case recognised modern privacy rights for digital data?
Carpenter v United States (2018) recognised modern privacy rights for digital data.
In which 2020 case did the Court extend employment protections to LGBTQ+ individuals?
The Court extended employment protections to LGBTQ+ individuals in Bostock v Clayton County (2020).
True or False?
In Rucho v Common Cause (2019), the Court ruled that partisan gerrymandering claims were non-justiciable.
True.
The Court explained that partisan gerrymandering claims were non-justiciable in Rucho v Common Cause (2019).
How does the constitutional amendment process act as a check on the Supreme Court?
The amendment process allows the Constitution to be changed to override Court rulings, as when the 26th Amendment lowered the voting age in 1971.
Which 2016 case upheld race-conscious admissions policies?
Fisher v University of Texas (2016) upheld race-conscious admissions policies.
California's Proposition 16, which sought to repeal the ban on affirmative action, was rejected in 2020, with voting 'No'.
California's Proposition 16, which sought to repeal the ban on affirmative action, was rejected in 2020, with 57% voting 'No'.
True or False?
Originalism argues that the Constitution should adapt to modern society.
False.
That describes living constitutionalism; originalism interprets the Constitution by its original meaning.
At what age do UK Supreme Court justices retire?
UK Supreme Court justices retire at 75.
True or False?
Both the US and UK Supreme Courts can strike down primary legislation.
False.
The US Supreme Court can strike down legislation, but the UK Supreme Court cannot overturn Acts of Parliament.
Which body recommends candidates for the UK Supreme Court?
The Judicial Appointments Commission recommends candidates for the UK Supreme Court in a relatively neutral process.
Define judicial review.
Judicial review is the power of both the US and UK Supreme Courts to review executive behaviour.
How can US Supreme Court justices be removed from office?
US Supreme Court justices can be removed only via impeachment.
US Supreme Court justices serve for , whereas UK justices retire at 75.
US Supreme Court justices serve for life, whereas UK justices retire at 75.
True or False?
US Supreme Court appointments are more politicised than UK appointments.
True.
US appointments are highly politicised, whereas UK appointments are less politicised.
Which 2015 US case is used to show that both courts protect civil liberties?
Obergefell v Hodges (2015), on same-sex marriage, is used to show that both courts protect civil liberties.
Which 2025 UK case on women's rights is used to show rights protection?
For Women Scotland v Scottish Ministers (2025) is used to show the protection of women's rights.
Define security of tenure.
Security of tenure is the protection ensuring judges cannot be removed for political reasons, preserving judicial independence.
True or False?
Both the US and UK protect judicial salaries so that they cannot be reduced.
True.
In the US judicial salaries cannot be reduced, and in the UK judges' pay is legally protected.
Define codified constitution.
A codified constitution is a single written document, from which US judicial power derives, whereas the UK relies on statute and conventions.
Define the Bill of Rights (1791).
The US Bill of Rights (1791) is legislation that codifies rights protections.
The UK's (1998) codifies rights protections, comparable to the US Bill of Rights.
The UK's Human Rights Act (1998) codifies rights protections, comparable to the US Bill of Rights.
True or False?
US rights are constitutionally entrenched, whereas UK rights can be amended by Parliament.
True.
US rights are strongly protected through constitutional entrenchment, while UK rights can be amended by Parliament.
Which 2013 case weakened the US Voting Rights Act (1965)?
The US Voting Rights Act (1965) was weakened by Shelby County v Holder (2013).
Define entrenchment of rights.
Entrenchment means rights are constitutionally protected and difficult to amend, as in the US.
How do interest groups in both the US and UK attempt to protect civil liberties through the judiciary?
Interest groups in both the US and UK use litigation to protect civil liberties, as the NAACP Legal Defense Fund did in NAACP v State of North Carolina (2016).
Define Liberty (UK interest group).
Liberty is a UK interest group that defends civil liberties, for example by intervening in R (Miller) v Secretary of State for Exiting the European Union (2017).
Interest groups with greater can be more effective, as when the NRA spent over $30 million in 2020 to influence gun legislation and elections.
Interest groups with greater funding and resources can be more effective, as when the NRA spent over $30 million in 2020 to influence gun legislation and elections.
True or False?
US interest groups often align with political parties, while UK groups such as Liberty remain non-partisan.
True.
The NRA aligns with Republicans, whereas Liberty remains non-partisan to maintain credibility.
How do interest groups such as Stonewall seek to influence rights legislation directly?
Interest groups such as Stonewall lobby legislators directly, as Stonewall did on transgender protections in the Equality Act (2010).
How can US interest groups gain direct electoral influence that UK groups cannot?
US interest groups can gain direct electoral influence through PACs and Super PACs, which fund campaigns.
Which 2022 case shows that US courts can overturn federal and state legislation?
Dobbs v Jackson (2022) shows that US courts can overturn federal and state legislation.
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