UNIT 4 MARK SCHEMES - Supreme Court

How are Supreme Court judges appointed, and why is the process so politically controversial?

Why is the issue of the composition of the Supreme Court so controversial?

Does the Supreme Court have too much power for an unelected body?

In what ways is the independence of the Supreme Court Justices protected?

'Judicial activism cannot be justified'. Discuss.

- 'Judicial activism' = lacks precise definition, often used as a term of negative term
- 'the overriding by the Supreme Court of a state or Congressional law, or the reversal of one of the court's own precedents'

To what extent have Supreme Court justices reflected the political views of the presidents who nominated them?

'The Supreme Court should interpret the constitution and its amendments by establishing their original meaning when they were adopted'. Discuss.

What has been the effect of appointments to the Supreme Court since 2005?

'A political, not a judicial institution'. Discuss this view of the Supreme Court

What are the most significant factors in the president's choice of Supreme Court justices?

Explain the factors that limit the power and influence of the Supreme Court

What is judicial restraint, and on what grounds has it been criticised?

Has the Supreme Court become an 'imperial judiciary'?

What is judicial review and why is it controversial?

To what extent has the Roberts Court witnessed a revival of conservative activism?

Why has the process for the appointment of Supreme Court justices been criticised?

'The power of the Supreme Court cannot be justified in a democracy'. Discuss.

What is the 'living constitution' approach to judicial interpretation and why has it been criticised?

To what extent has the Supreme Court advanced conservative values since 2005?