Supreme Court 9 markers US

Explain and analyse three ways in which the Supreme Court appointment process could be seen as flawed

• Politicisation - philosophies align with their own EG Donald Trump appointing Amy Coney Barret voting for repeal of roe v wade, a conservative viewpoint, ending Constitutional right to abortion

• Senate Judicial Committee criticised for attacking appointee - EG Robert Bork’s failed confirmation to the Supreme Court in 1987 focused on his views against abortion rather than his qualifications.

• Politicisation of the media - can change public opinion and delay votes EG Clarence Thomas faced several sexual assault allegations in 1991, which became the focus of the media coverage.

Explain and analyse three ways in which affirmative action has been successful

Explain and analyse three ways in which structural theory could be used to study the US and UK Supreme Courts

• In US - presidents tend to pick similar ideological justices EG Donald Trump and Amy Coney Barret, whereas in the UK the prime minister has no say in the appointment, is not political (five member selection committee independently selects)

• US - involves the legislature (Senate Judiciary Committee) EG Clarence Thomas where as in the UK parliament has no say - independent committee as a result of constitutional reform

• US - requires less experience where as in the UK you must have been a qualifying practitioner for at least 15 years EG 1941 appointment of James F Byrne didn’t even attend law school or high school!

Explain and analyse three ways in which cultural theory can be used to study the protection of rights in the USA and the UK

• separation/fusion of powers ; parliament can make/unmake any law perhaps eroding rights eg limiting noise levels on protests, whereas USA complete separation with a system of checks and balances - founding fathers wanted this to avoid tyranny of the majority. Barack Obama had to resign as senator in order to be president

• federalism/devolution; each state has different values eg deep south and regionalism. This is also reflected in devolution however this was formed in the unitary state, eg GFA. Some different law making powers.

• codified/uncodified; came at a key point in America’s history as the founding fathers didn’t want tyranny. It is one in one document outlining specific rights eg right to bear arms. Not the same in the UK as it is formed from a variety of sources eg common law, statute law and convention.

Explain and analyse three landmark Supreme Court rulings

• brown v board of education - ended segregation in schools.

• obergerfell v Hodges - banning same sex marriage is unconstitutional

• Roe v wade - 1973 - constitutionally protected right

  All shows judicial activism!!!

• (Bush v Gore - effectively handed over the presidency to the George Bush as they halted the recount of votes)

Examples of judicial restraint?

• Willing to see limits put on Roe V wade but not overturning it

• generally acting deferential towards executive and legislative branches because they are directly accountable.

• Rehnquist’s court exercised restraint

• US V LOPEZ; limited Congress’s power in the matter of interstate commerce, returned power to the states.

• and US V Morrison

Explain and analyse the significance of three amendments in the US constitution?

• freedom of religion (1)

• second - right to bear arms

How can the supreme court have a say on the workings? of the USA?

• public policy eg roe v wade

• presidential power eg Guantanamo bay detainees

• congress