rights

Question 1

what does the US constitution enshrine to protect rights

Answer 1

the bill of rights + 17 ammendments

Question 2

methods for effective rights protection

Answer 2

-using the courts
-civil disobedience + mass demonstrations
-action through the ballot box

Question 3

what is representation currently like

Answer 3

-23 majority African American districts, all but 1 are represented by an African American
-30 majority Hispanic districts, all but 6 are represented by a Hispanic American

Question 4

the public supports affirmative action

Answer 4

-2014 survey showed 63% of Americans support AA in colleges
-numerous supreme court cases have upheld AA in higher education
-a 2009 survey showed a majority of Americans favoured AA

Question 5

the public doesn’t support affirmative action

Answer 5

-the same 2014 survey showed a majority of democrats favoured AA, while republicans opposed AA
-the case of Grutter V Bollinger suggested that in 25% years AA wouldn’t be necessary
-Schuette V coalition upheld Michigan’s right to outlaw AA

Question 6

the supreme court is judicial

Answer 6

-justices can only rule based on the constitution
-it cannot enforce its rulings
-it has no initiation power
-justices are appointed based on their experience
-the constitution guarantees the justices independence
-justices don’t reliably vote on party lines
-places emphasis on previous court decisions

Question 7

the supreme court is political

Answer 7

-the court rules on actions/laws of a elected branch
-justices can be divided into ideologies
-the impact of justices extends beyond the plaintiff + defendant in a case
-justices chosen + approved by political branches
-the president, congress + interest groups try to influence the court

Question 8

the judiciary is imperial

Answer 8

-judicial review allows the supreme court to overrule the elected branches
-judicial review is almost impossible to overturn
-justices are almost impossible to remove
-justices can act with judicial activism
-the court often chooses cases which have the biggest public impact

Question 9

the judiciary is not imperial

Answer 9

-no enforcement power
-can only rule on the constitution
-can only hear about 80 cases a year
-the court has been reluctant to vote on controversial issues
-subject to checks and balances
-many cases are dull

Question 10

free speech

Answer 10

free speech is protected, electoral donations are a form of free speech, campaign donations aren’t

Question 11

gun control

Answer 11

right to gun ownership is protected

Question 12

cruel + unusual punishment

Answer 12

struck down aspects of Guantanamo bay - ruled 3 times + bay still open

Question 13

abortion

Answer 13

was a right to have an abortion, now states can decide

Question 14

affirmative action

Answer 14

race is a factor in college admissions

Question 15

protection of states rights

Answer 15

constitutionality as a form of tax

Question 16

how didimmigration reform help Obama win the 2008 election

Answer 16

-campaign promises of immigration reform
-67% of the Hispanic vote went to him

Question 17

the UK supreme court

Answer 17

-2005 act gave greater separation of powers
-judicial review doesn’t give the power to overrule parliament
-judicial review allows the supreme court to interpret actions/laws of the gov
-UK citizens could appeal to the ECJ or ECHR
-its unlikely the gov would ignore a supreme court ruling

Question 18

US supreme court

Answer 18

-completely separate branch of gov
-judicial review gives it quasi sovereign power
-judicial review allows the supreme court to interpret the constitution
-final court of appeal
-its unlikely the gov would ignore a supreme court ruling

Question 19

relative independence of judiciaries (similarities)

Answer 19

-independence of buildings + personnel
-rigorous appointment process
-justices have security of tenure
-face pressure from elected branches + interest groups
-willing to rule against the gov

Question 20

relative independece of judiciaries (differences)

Answer 20

-US justices salaries are protected by the constitution, the UK supreme court budget is set by the ministry of justice
-US selects justices through elected, political branches- the UK uses JAC
-the US can overrule elected branches, the UK can’t

Question 21

how does the UK have effective rights protection

Answer 21

-HRA has given justices a codified document on which to make their rulings
-UK citizens can appeal beyond the supreme court
-parliament is unlikely to ignore justices

Question 22

how does the UK not have effective rights protection

Answer 22

-parliament remains sovereign
-ECHR rulings have been ignored in the UK
-the role of justices/the supreme court is less widely understood

Question 23

rights protection in the US is effective

Answer 23

-the supreme court has a constitutional foundation
-the constitution is the basis for supreme court rulings
-rulings are unlikely to be ignored

Question 24

rights protection in the US is ineffective

Answer 24

-rulings have been ignored, eg, Guantanamo bay
-the court can hear a few cases a year
-the citizens have no right for their case to be heard in the supreme court
-judges are more ideologically motivated

Question 25

effectiveness of interest groups in protection of civil rights in the UK

Answer 25

-interest groups are increasingly reluctant in court cases
-UK respect for civil rights predates the US bill of rights
-increasing devolution gives interest groups more access points

Question 26

effectiveness of interest groups in protection of civil rights in the US

Answer 26

-groups more frequently bring cases to the supreme court
-a codified bill of rights has made rights clearer
-greater number of access points