Evaluate the view that Congress has protected civil and constitutional rights more effectively than the Supreme Court.

Question 1

Introduction - Theme

Answer 1

• Constitutional Rights
• Racial Rights
• Gun Rights

Question 2

Introduction - Argument

Answer 2

Civil rights are better upheld by Congress, but Constitutional rights are better upheld by the Supreme Court

Question 3

Congress - Constitutional Right - Point

Answer 3

It could be argued that Congress is more effective at promoting certain constitutional rights than the Supreme Court as they are able to pass legislation to do so

Question 4

Congress - Constitutional Rights - Examples

Answer 4

• When Congress passed the Bipartisan Camapaign Reform Act in 2002, this arguably promoted freedom of speech. It allowed people’s voices to be heard instead of the wealthy donors
• The Supreme Court ruled in the Obergefell v Hodges case in 2016 that same sex marriage was a right in all 50 states under the 14th Amendment - Biden has further secured this by passing the Respect for Marriage Act

Question 5

Supreme Court - Constitutional Rights - Point

Answer 5

It is the Surpeme Court which dictates whether something is constitutional or not, this means they are much better protectors of Constitutional Rights than Congress

Question 6

Supreme Court - Constitutional Rights - Examples

Answer 6

• The Citizens United v The FEC case in 2010 overturned the Bipartisan Campaign Reform Act as it was argued that this was violating the 1st Amendment
• In the case of Snyder v Phelps in 2010, the Supreme Court ruled that the Westborough Baptist Church has the right to picket a homosexual marine’s funeral - protecting the 1st Amendment

Question 7

Supreme Court - Racial Rights - Point

Answer 7

Some would argue that the Supreme Court is more effective than Congress at upholding civil rights of racial minorities due to their ability to declare these unconstitutional and enforce change

Question 8

Supreme Court - Racial Rights - Examples

Answer 8

• The case of Merrill v Milligan currently in the SC surround how Alabama has only 1 majority black Congressional district but 1/4 of a black population - this should protect the rights of minorites
• The Supreme Court ruled in the Fisher v The University of Texas case in 2016, that the race-conscious admissions program was lawful under the 14th Amendment

Question 9

Congress - Racial Rights - Point

Answer 9

These cases demonstrate that Congress can only protect racial minorities if it is explicitly stated within the Constitution. Congress is much more effective at upholding their civil rights

Question 10

Congress - Racial Rights - Examples

Answer 10

• The Emmett Till Acy made lynching a hate crime and was passed in March 2022. The bill makes it possible to persecute lynching as a conspiracy to committ a hate crime that results in the death or serious bodily harm
• When Trump banned travel from certain Muslim-majority countries the Supreme Court sided with him in the Trump v Hawaii case as there was nothing in the Constitution that said he could not implement the ban

Question 11

Congress - Gun Rights - Point

Answer 11

Congress has been able to protect the right to life regarding gun violence in America. There have been bills passed which have helped to try and curb the number of mass shootings to preserve life

Question 12

Congress - Gun Rights - Examples

Answer 12

• Biden was able to pass the Bipartisan Safer Commnities Act which meant those with mental illness could not longer buy guns - this was a reaction to the Uvalde Mass Shooting in May 2022
• In 1994, Congress was able to pass the Federal Assult Weapon Ban which limited the manufacturing of assult weapons

Question 13

Supreme Court - Gun Rights - Point

Answer 13

The right to life is not protected in the US Constitution, what is protected is the 2nd Amendment ‘right to bear arms.’ This has been protected by the Supreme Court many times

Question 14

Supreme Court - Gun Rights - Examples

Answer 14

• In the 2016 Caetano v Massachusetts case, the SC ruled that the Massachusett’s, the SC ruled that Massachusett’s law which prohibited the possession of stun guns was unconstitutional under the 2nd Amendment
• In the 2021 case of the New York State Rifle and Pistol Association v Bruen, the Supreme Court ruled that the 1911 Sullivan Act which required applicants for a licence to carry a concealed pistol was unconstitutional