Evaluate the view that the effective working of the US Constitution depends more on interest groups than the Supreme Court.

Question 1

Introduction - Themes

Answer 1

• Checks and Balances
• Federalism
• Bipartisanship

Question 2

Introduction - Argument

Answer 2

Interest groups work to try and promote constitutional principles, however, the Supreme Court has been given the authority to implement the Constitution - this means they are far more effective

Question 3

Interest Groups - Checks and Balances - Point

Answer 3

Some argue that interest groups are more important at enforcing checks and balances of the Constitution on the branches, as well as checking the branches are adhering to the Constitution

Question 4

Interest Groups - Checks and Balances - Examples

Answer 4

• The National Rifle Association is a group that has been formed to protect the 2nd Amendment - the right to bear arms. This aspect of the Constitution has been under threat after the drastic increase in mass shootings
• During and after Trump’s presidency there were interest groups who checked his actions and campaigned heavily against him. The Lincoln Project is perhaps the most prominent

Question 5

Supreme Court - Checks and Balances - Point

Answer 5

Interest groups have no Constitutional jurisdiction to enforce their checks, the Lincoln Project has been unsuccessful as Trump has announced his bid for 2024, but the Supreme Court is much more effective at checking the branches

Question 6

Supreme Court - Checks and Balances - Examples

Answer 6

• The Trump v Hawaii Case in 2016 illustrates how the Supreme Court is very important at checking if the presidents’ actions are constitutional. In this case they sided with Trump as there was nothing stopping him in the Constitution
• The Supreme Court also protects the Constitution. In the Caetano v Massachusetts case, the SC ruled that the Massachusetts’ law prohibiting the possession of stun guns was against the 2nd Amendment

Question 7

Interest Groups - Federalism - Point

Answer 7

Interest Groups have been extremely important in promoting federalism, a key principle of the Constitution. These campaigns help to keep federalism in the USA working

Question 8

Interest Groups - Federalism - Examples

Answer 8

• The National Right to Life is the largest and oldest pro-life organisation in the US, they were firm believers that the right to abortion should be decided by the states as it was not within the Constitution
• The Brookings Institute, a public policy pressure group, concluded that Trump did not have the Constitutional jurisdiction to override states decision with regards to lockdown restrictions

Question 9

Supreme Court - Federalism - Point

Answer 9

Once again interest groups do not have the jurisdiction to enforce their views, they are completely reliant on Congressional support or the Supreme Courts

Question 10

Supreme Court - Federalism - Examples

Answer 10

• The National Right to Life may have been important for advocating abortion rights back to the states, but this could not have happened without the Supreme Court ruling in Dobbs v Jackson
• The United States v Texas case in 2016 was also important for the Supreme Court protecting federalism - the Court ruled that Teas could block the implementation of the Deferred Action for Parents of America programme due to the cost to the state being too great

Question 11

Interest Groups - Bipartisanship - Point

Answer 11

It can be argument that the Supreme Court is less effective at implementing the Constitutional principle of bipartisanship due to the increase partisanship within the Court

Question 12

Interest Groups - Bipartisanship - Examples

Answer 12

• Due to Trump’s ability elect 3 judges to the SC, the Court currently has a conservative majority, this means in recent cases there has been a promotion of conservative values
• The SC upheld the state of Missouri’s use of lethal injection in the case of Bucklew v Precythe. As conservatives tend to believe the Constitution allows the death penalty, they voted accordingly

Question 13

Supreme Court - Bipartisanship - Point

Answer 13

While it is undeniable that the Supreme Court has become more partisan, they are still able to make decisions based on the Constitution, not ideology. Interest groups, however, are far more partisan which compromises the Constitution

Question 14

Supreme Court - Bipartisanship - Examples

Answer 14

• The Robert’s Court was more conservative leaning, however, this did not stop them nationally legalising gay marriage in the Obergefell v Hodges case in 2016
• Interest groups tend to be associated with political parties and many of them endorse candidates. NORMAL, which is the interest group pro-marijuana, endorsed several Democrats including Bernie Sanders