AQA Government and Politics Chapter 16 & 17 : The US Judiciary & Comparing Judiciaries (Essay Plans)
Updated 2023/2024
This Resource includes 11 9-Mark Question Plans and 5 25-Mark Question Plans collectively for the ‘US ‘Judiciary’ and ‘Comparing Judiciaries’ topics - also includin...
Supreme Court – Highest Federal Court in the USA, final court of appeal (SCOTUS)
Judicial Activism – Decisions made by judges that are aimed at improving society – likely to
strike down laws and rule against the executive
Judicial Restraint – Judges should generally avoid making decisions that go beyond the
explicit language of the Constitution or existing Laws
Judicial Review – Process whereby SCOTUS decide whether a law or government action is
unconstitutional
Strict Constructionism – Judicial approach where the text of the Constitution is followed as
closely as possible when making judgements
Loose Constructionism – Judicial approach where the Constitution is interpreted more
loosely and in accordance to a modern context
,“Explain and Analyse three aspects of the selection and
appointment process of Supreme Court justices”
Presidents select Justices that share their Political Philosophy
- Trump’s three nominations (ACB, Kavanaugh, Gorsuch) were backed by
the conservative legal group The Federalist Society – showing how the
process is highly politicised, with parties and pressure groups
campaigning for and against candidates
- Less significant as judges are completely independent once appointed,
so will not automatically continue to share the president’s political
philosophy – e.g., Republican George Bush appointed David Scouter who
then became an unexpectedly liberal member of the court
Judges are selected by the President
- Presidents consider judicial experience, legal knowledge, reputation, and
rulings on previous cases - Trump nominated Brett Kavanaugh in 2018,
and Biden nominated Ketanji Brown Jackson in 2022
- Although the aim of this is to eliminate unsuitable candidates, this is less
significant as this is not always successful – e.g., Kavanaugh and Clarence
Thomas were both accused of sexual misconduct, and in 1987 Douglas
Ginsburg was forced to withdraw after his history of marijuana use was
revealed
Senate Judiciary Committee considers Judicial Appointments
- 2016 = Republican members of the Senate Judiciary Committee
supported Senate leader Mitch McConnell’s refusal to hold hearings for
Obama’s nominee Merrick Garland
Senate then has the final vote – Ketanji Brown Jackson was
deadlocked by the Committee in a 11-11 vote yet was eventually
confirmed by the Senate by 53-47
- TISB the introduction of the ‘nuclear option’ for filibusters in 2017
effectively means that justices can be confirmed by a simple majority
rather than a two-thirds supermajority, allowing controversial
candidates to be approves on partisan lines
2020 = ACB did not receive a single vote from the minority party in
the Senate
, “Explain and Analyse three features of the current
composition of the Supreme Court”
Chief Justice influences the character of Judgements
- Chief Justice decides which justice will write the majority opinion – John
Roberts decided that the Dobbs v Jackson 2022 majority opinion was to
be written by Samuel Alito
- TISB the Chief Justice is also in charge of chairing a presidential
impeachment trial – one of the most significant checks on the President
e.g., Roberts chaired the impeachment trial of Trump in 2020
Yet arguably the balance of justices on the court has more bearing on
its judgements than the individual chief justice, with the Court consisting
of 9 justices meaning that there is usually a majority ruling
Balance in the Supreme Court
- Anthony Kennedy, despite being appointed by the Republican George W
Bush, acted as a ‘swing vote’ in order to provide balance on the Court –
voting conservatively on issues such as gun control yet voting liberally on
issues such as abortion
Wrote majority opinion in Obergefell v Hodges (2015) which legalised
same-sex marriage
- Less significant as in recent years the balance has been distorted
following the death of Kennedy and his replacement by Trump’s
conservative nominee Neil Gorsuch
As of 2023 the current balance is 6-3 which led to more conservative
judgements such as Dobbs v Jackson 2022
Lack of Diversity on the Supreme Court
- Only six women and three African-American justices (Clarence Thomas,
Marshall Thurgood, Ketanji Brown Jackson) have ever sat on the
SCOTUS, and Sonia Sotomayor is the first and only Hispanic
- Less significant – efforts have been made to increase diversity on the
SCOTUS in recent years as well as the legal profession as a whole
Biden nominated the first Woman of Colour onto the SCOTUS in
2022, Ketanji Brown Jackson
“Explain and Analyse three ways that the Supreme Court
can interpret the Constitution”
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