Evaluate the view that the Supreme Court is the most effective branch at protecting rights

Question 1

LoA

Answer 1

it is the most effective branch

Question 2

para 1 theme

Answer 2

Supreme Court

Question 3

para 2 theme

Answer 3

congress

Question 4

para 3 theme

Answer 4

president

Question 5

para 1 - SC

Answer 5

• In lights of its judicial review role to interpret the meaning of the Constitution and Bill of Rights, the SC is probably the most important institution when it comes to the protection of right
  
  • The history of the SC contains any landmark decision that have decided the extent to which the liberties of racial and ethnic minorities are to be protected. Brown v Board (1954) and Swann v Charlotte-Mecklenburg (1971) created equality of end results.
  • In Arizona v United States (2012) the SC struck down most of Arizona’s controversial immigration law.

Question 6

para 1 however

Answer 6

• In 2013 Shelby County v Holder, the SC effectively struck down the key part of the 1965 voting rights act when, in a 5-4 ruling, they stated that it was no longer necessary for nine states (largely in the deep south) to seek federal approval before changing their electoral laws. This allowed for the introduction voter ID which could negatively effect the turnout among ethnic minority voters
  
  • Furthermore, the SC has been active in restricting AA in Gratz v Bollinger (2003) and Texas v Fisher (2013) where they ruled it needed to pass a strict test of scrutiny.
    A leak has shown that the SC has intended to overturn Roe V Wade, a major intrusion on the rights of women. This has been highly criticised by Congress and Joe Biden

Question 7

para 1 rebuttal

Answer 7

The fact is that Congress has the most power to protect rights, and has shown in the past its willingness to do so

Question 8

para 2 Congress

Answer 8

• Immigration reform is floundering at the moment, the GOP is unlikely to pass comprehensive immigration reform.
  
  • The Republicans opposed the Democrats attempted reforms to the Voting Rights Acts
    The likelihood of divided government and the level of partisanship has shown that if either party tried to introduce rights reform, the other party would simply oppose it

Question 9

para 2 however

Answer 9

• Congress has the power to pass laws that protect the civil liberties of ethnic minority groups.
  
  • 2 of the most important pieces of legislation, the civil rights act and the voting rights act (1964 and 1965). These lay the path for the increased protection of rights for ethnic minorities
  • In 2013 a bipartisan plan for immigration reform (based on a path to citizenship for undocumented immigrants) was announced.
    The Democrats, especially under Joe Biden, have shown an appetite to try and introduce rights protection reform; they have looked to update the Voting Rights Act 1965 following the 2013 Shelby County v Holder ruling

Question 10

para 2 rebuttal

Answer 10

Partisanship and divided government makes legislating impossible

Question 11

para 3 president

Answer 11

• Presidents have been weak in their protection of rights.
  
  • Trump’s incendiary language during the 2016 election campaign on the subject of immigration (he was criticised by the UN High Commissioner for Human Rights for the Muslim Travel Ban). His attempts to reverse both DACA and DAPA. His apparent defence of far right demonstrators in Charlottesville 2017 following the death of Heather Heyer.
    The President is limited in their power, often to the power of persuasion, and due to divided government will often be unsuccessful in achieving realistic reform

Question 12

para 3 however

Answer 12

• In extreme circumstances troops can be deployed to enforce legislation, for example Eisenhower sent federal troops to the state of Arkansas in 1957 to help implement the SC’s order to desegregate schools
  
  • The President can use the ‘bully pulpit’ can be used by the President to communicate ideas, e.g. JFK and LBJ tried to lead the country in the direction of civil rights in the 1960s.
    Executive orders can be used to help rights. In June 2012 and November 2014 Obama issued executive orders to end the deportation of young illegal immigrants who entered the USA as children

Question 13

para 3 rebuttal

Answer 13

President has no realistic power. Their executive orders are temporary, and they often are at odds with Congress on legislation.