A Level Politics example essays

Question 1

Evaluate the view that the Supreme Court is more political than judicial? Points FOR

Answer 1

• appointment process has become increasingly politicised - president looks for far more than just judicial experience but for judges who have similar political views + appoint candidates who they think are likely to be confirmed (Obama + Garland)
• also SJC has become more focused on scrutinising candidates on non-judicial factors such as personal conduct and beliefs (Kavanaugh+rape allegations; ACB+little interest in rectifying racial injustice)
• even a restrained decision will have immense political ramifications e.g., Plessy v Ferg 1896: this was the decision that upheld segregation in the south (though it was restraint, it led to 60-70 years of further segregation)
• limits placed upon the court (legal restraints + court traditions) might not be enough: judges can pick cases quite easily + can brush aside public opinion e.g. Citizens United v FEC 2010

Question 2

Evaluate the view that the Supreme Court is more political than judicial? Points AGAINST

Answer 2

• appointment process ensures only ‘well qualified’ judges are appointed, vast majority of SC justices are nominated from the court of appeals
• SJC hearings asks tough questions on judges prior judicial experience + the SJC board itself has extensive legal training (eg Kamala Harris)
• courts power of judicial review - arguably judges resort to restraint when using this power and use ‘stare decisis’ (ACA+NFIB v Sebelius 2012 where Roberts sided with the liberals in ruling the ACA constitutional + Texas v Johnson burning of the flag)
• limits placed upon the court (legal restraints + court traditions)
• ‘judges are servants of the law and are umpires NOT PLAYERS (WWH v Hellerstadt)
• public opinion: court only became involved in gay rights after it sensed a shift in public opinion

Question 3

Evaluate whether the USA has had an ‘imperial presidency’ or ‘imperilled presidency’ Points for IMPERIAL

Answer 3

• commander-in-chief powers: presidents carried out secretive and even illegal missions e.g Nixons bombing of Cambodia; Obamas killing of Bin Laden (he did not consult congress)
• informal powers e.g. executive orders (ways a president can instruct executive branch w/o consulting congress); this shows a willingness by presi to bypass congress
• factors that affect a presidents power e.g. popularity, national events, unified govt (high approval for Bush after 9/11 made him able to pass the Patriot Act; also enjoyed a united govt which allowed him to prosecute 2 foreign wars w/o much scrutiny)

Question 4

Evaluate whether the USA has had an ‘imperial presidency’ or ‘imperilled presidency’ Points for IMPERILLED

Answer 4

• const checks on the president prevents imperialism: congress has the right to declare war not the President - even if situations where war is not declared, congress would vote on presidents power to execute military action e.g. Iraq 2003
• there are limits to the use of informal power+direct authority: exec orders can be nullified by congressional legislation or judicial intervention e.g. Obamas DAPA programme + Trumps travel ban
• None of the factors are fixed + more commonly can restrict presidential power (e.g. Bush - Iraq War acted as a drain on his credibility + hurricane Katrina affected Bush’s image as a competent president)

Question 5

AO3 Points for Judicial vs Political

Answer 5

• therefore, though the appointment process is intended to be political, given that politicians are involved throughout it is hard to deny that the appointment process makes the supreme court a political institution in some form
• therefore, whether a court is restrained or active, there will always be a political impact
• therefore, though there are legal limits in place to stop political action,

Question 6

AO3 Points for Imperial v Imperilled

Answer 6

• therefore, the use of full const power is dependent on a number of factors e.g. Obama had to deal w/ a partly divided govt in 2013 when the GOP HoR were eager to embarrass him
• therefore, informal power u
• us presi needs a capacity to persuade, needs a certain set of skills to remain powerful for a long time + circumstances to work in their favour