In depth essay plans for US Politics. Covers all areas and is aimed specifically at A-A* students. However, the simple nature of the essays means that it is viable for all students. Should help boost grades!
Evaluate the view that the US Constitution ensures that civil rights are
effectively protected by the Supreme Court.
US Constitution entrenches all amendments stated in constitution which ensures that civil
rights are effectively protected by the Supreme Court.
Bill of rights sets out protection for civil This means that the SC cannot vote against
liberties - e.g 8th amendment - cruel and it - even if they heavily disagree.
unusual punishment. Snyder vs Phelps (2011) - Church gave
hateful speech towards soldiers' funerals.
Rights are mentioned in the constitution - SC ruled 8-1 (1st amendment prohibited
1st amendment is enshrined so freedom of civil liberties).
speech cannot be removed from citizens. The constitution cannot cover everything -
Bill of Rights doesnt cover all civil rights so
leaves it for interpretation;
Espinoza vs Montana 2020 - SC ruled 5-4
that there will be no discrimination towards
religious schools
Amendments such as the 15th - Protect civil Court may see injustice and instances
rights. where the constitution is ignored - ‘highest
Shelby County vs Holding - SC enforced court of appeal’.
legislation which assures racial equality in The Court cannot initiate cases - cannot
voting. properly protect rights.
Shows that the constitution can protect If no cases are brought to them there is little
rights that had not previously been the SC can do (abortion rights etc.) - major
entrenched through specific constitutions. flaw in protecting civil rights.
The court justices are guardians of the Has no power of enforcement - Court can
constitution - Constitution provides a set of make decisions to ‘protect rights’ but cannot
amendments in the way the FF intended. enforce any decisions - meaningless.
Bill of rights - justices have to adhere to Court relies on power of the president or
constitution - showing effectiveness. Congress to enforce decisions.
Riley vs California (2014) - 4th amendment Guantanamo bay (2004-2008) - court ruled
was upheld regarding warrantless search in favour of detainees.
and seizure of digital information. Congress used the military commission act
to disregard SC - SC can make as many
rulings as they want but require approval
from President and Congress.
Not enforced by Constitution.
, Evaluate the extent to which the Constitution protects state power.
Federalism is the distribution of power between national and state power.
States control power over health, education, law and order and even economic policy.
Overall, I believe that the Constitution cannot protect state power.
Power is directed to the legislature and Increasing use of federal mandates. The
executive through the 10th Amendment federal government uses its budgetary
which reserves powers through the state. power to coerce and persuade the states to
Printz vs US (1997) - Federal government implement policy, as the states are reliant
violated 10th amendment when Congress on federal funding.
required state and officials to perform Bush 2002 - ‘No Child Left Behind Act’ -
background checks. provide money for educational assistance
for poor children.
Constitution protects state power through There is constitutional vagueness. The
the Supreme Court since the Federal Federal Government uses the vagueness of
Government has the power of judicial the Constitution to justify expansion of
review. Federal power.
Shelby County vs Holding (2013) - SC Bush - Medicare expansion bill (2003).
enforced legislation which assures racial
equality in voting. However, the FF intended for the
Amendment process as the power of the constitution to be vague so that it can be
states cannot be reduced without ¾ state interpreted over time through bipartisanship
agreement - bipartisanship. between national and state governments.
Have been instances of development of a The Federal government are able to take
diversity of state-based politics. control of most policy areas, limiting state
Obama - transgender bathrooms (2015) - power.
Obama threatened to withhold federal Clean Air Act 1970 + Affordable Care Act
education funding for 14 states who 2010 - requires all states to set up health
restricted laws. exchanges to ensure everyone has
insurance.
, Evaluate the extent to which the checks and balances of the US
Constitution are still effective.
Checks and balances - Division of 3 branches of government, with each branch having the
ability to limit the other branch.
The 3 branches of government are made up of the executive, legislative and judiciary.
Overall, I believe checks and balances of the US Constitution are still effective.
Executive - President
Can override presidential veto. Congress rarely overridden; Roosevelt
2008 - Congress override Bush’s veto on vetoed 635 times → only overridden 9
Medicare reforms (pay-cuts for doctors) times.
Can impeach and remove President from
the cabinet; Johnson 1968, Nixon 1973 0 Presidents impeached → ineffective.
Power of the purse - Vietnam withdrawal
1973 The ratification of treaties by the Senate
Ratify treaties. could lead a President to make Executive
Presidential action is unconstitutional. agreements instead such as Reagan who
Hamdi case 2004 - citizens have right to issued 2800 agreements.
free trial, despite being a enemy of combat.
Legislative - Congress
Commander-in-chief - implied power
Veto bills
Trump vetoed bill to remove armed forces Obama’s veto of the National Defence
from Yemen (2019) Authorisation Act 2015 - majority in both
Can declare laws unconstitutional. houses - extension of power.
SC ruled that the power to veto bills by the
president during Clinton vs New York Judicial review caused problems to the roll
(1988) was unconstitutional. out of Obamacare (2012).
Judicial review.
Judiciary - Supreme Court
President appoints judges to SC. Presidential nominations to the Supreme
GW Bush appointed Harriet Meirs to SC in Court face a high degree of scrutiny -
2005. Harriet Meirs who was deemed unqualified
for the job, Brett Kavanugh by Trump.
Impeach judges. No SC judges have been removed from
office → ineffective.
Checks and balances require the cooperation of the other branches to be successful
(President can propose treaties but require ratification from legislative).
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller owenjohnson. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £8.49. You're not tied to anything after your purchase.
