15.2.2

Supreme Court Membership

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Supreme Court Membership

The Supreme Court has nine judges who have different political ideologies. Some judges are liberal whilst others are conservative and interpret the Constitution literally.

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Members

  • There are nine members of the Supreme Court, including eight Associate Justices and one Chief Justice.
    • Congress outlined that the number must be fixed at nine following the Judiciary Act of 1869.
  • The president appoints Supreme Court justices who must be confirmed by the Senate.
  • Members of the Supreme Court remain justices for life and only leave the court by choosing to retire or when they die.
    • A Supreme Court justice can be impeached by Congress, however, this has never happened.
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Composition of the Court

  • John Roberts is the Chief Justice of the Supreme Court.
  • The Associate Justices are Neil Gorsuch, Elena Kagan, Sonia Sotomayor, Samuel Alito, Ketanji Brown Jackson, Amy Coney Barrett, Clarence Thomas and Brett Kavanaugh.
  • Anthony Kennedy retired from the Supreme Court in 2018, and in October 2018 Judge Brett Kavanaugh was confirmed by the Senate.
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Loose constructionists

  • Some Supreme Court justices are loose constructionists, meaning they have a liberal ideology and interpret the Constitution in a loose way.
    • Loose constructionists view the Constitution as a living document which should adapt and account for changes in modern society, and favour federal government power over state’s rights.
    • Democratic presidents normally appoint loose constructionist justices.
    • Loose constructionist justices include Elena Kagan, Sonia Sotomayor, and Stephen Breyer.
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Strict constructionists

  • Supreme Court justices can be strict constructionists, meaning that they have a conservative ideology and have a strict interpretation of the Constitution.
    • Strict constructionists look at the original intent of the Founding Fathers when they wrote the Constitution, and favour state’s rights over the federal government.
    • Republican presidents often appoint strict constructionist judges.
    • Strict constructionist judges include John Roberts, Neil Gorsuch, Clarence Thomas and Samuel Alito.

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1Democracy & Participation

2Political Parties

3Electoral Systems

4Voting Behaviour & the Media

5Conservatism

6Liberalism

7Socialism

8The UK Constitution

9The UK Parliament

10The Prime Minister & the Executive

11Relationships Between Government Branches

12US Constitution & Federalism

13US Congress

14US Presidency

15US Supreme Court & Civil Rights

16US Democracy & Participation

17Comparing Democracies

18Feminism

19Nationalism

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