NEW Politics A-level – US Supreme Court Topic
10th March 2018
Our resources will support you in teaching either of the specifications for the new politics A level.
In order to cover the topic of the US Supreme Court comprehensively for both specifications, use our lesson powerpoints in conjunction with the activities, handouts and articles.
| AQA requirements | PEPED |
| • constitutional role of the supreme court and the nature of judicial power | Yes |
| • supreme court as the guardian of the constitution/constitutional interpretation | Yes |
| • supreme court as protector of citizens’ rights | Yes |
| • significance of judicial review | Yes |
| • judicial philosophy | Yes |
| • activism and restraint | Yes |
| • strict and loose constructionism | Yes |
| • process of selection and appointment of supreme court judges | Yes |
| • current composition | Yes |
| • debates and controversies | Yes |
| • political significance of the supreme court | Yes |
| • landmark rulings | Yes |
| • significance in shaping public policy in terms of, for example, federalism and civil rights | Yes |
| Edexcel requirements | PEPED |
| The nature and role of the Supreme Court.
• The US Constitution. • The independent nature of the Supreme Court. · The judicial review process (Marbury vs Madison 1803 and Fletcher vs Peck 1810). |
Yes |
| The appointment process for the Supreme Court.
• Strengths and weaknesses of the process. • Factors influencing the president’s choice of nominee. • The current composition and ideological balance of the Court. |
Yes |
| The Supreme Court and public policy.
• The impact of the Supreme Court on public policy in the US, with a range of examples, including examples post-2005. • Political significance debate: the role of judicial activism and judicial restraint and criticisms of each. |
Yes |
| The protection of civil liberties and rights in the US today.
• Rights protected by the Constitution, by the Bill of Rights, by subsequent constitutional amendments and by rulings of the Supreme Court. |
Yes |
| Race and rights in contemporary US politics.
• The methods, influence and effectiveness of racial rights campaigns and the impact on current domestic policy: o voting rights, affirmative action and representation. |
Yes |
| Interpretations and debates of the US Supreme Court and civil rights.
• The political versus judicial nature of the Supreme Court. • Living Constitution ideology as against originalism. • How effectively civil and constitutional rights have been upheld by the Supreme Court and the effectiveness of this protection. • The extent of their powers and the effectiveness of checks and balances. • The successes and failures of measures to promote equality, including affirmative action and immigration reform. |
Yes |
Scheme of Work
Below is an example scheme of work, complete with flipped learning homework tasks to encourage independence and engagement with the content of the following lessons. This scheme of work would meet all criteria for either examination board.
| Lesson | Objectives/Outcomes | Assessment Opportunities |
| 1. What powers does the Supreme Court have? | • To identify the constitutional powers of the Supreme Court
• To explain the analogy ‘the least dangerous branch’ • To analyse the impact of the power of judicial review |
Application Task:
Explain and analyse the controversial nature of the power of judicial review. (12) Preparation Task: The American Legal System (McKay p319-330) Nature and role of the Supreme Court (Pearson p385-387) Stretch & Challenge Task Podcast Lecture: The Supreme Court – the ‘least dangerous branch of government’? |
| 2. How powerful is the Supreme Court? | • To explain the procedure for selecting, hearing and deciding cases
• To analyse the sources and constraints on judicial power • To evaluate the extent to which the Supreme Court can be described as an ‘imperial judiciary’ |
Application Task:
Explain and analyse the limitations on the Supreme Court’s powers. (12) Preparation Task: The Polarized and Activist Rehnquist and Roberts Courts (McKay p343-346) Composition and Ideological Balance of the Supreme Court (Pearson p391-393) Stretch & Challenge Task Article: The Supreme Court’s Power has become excessive (NY Times) |
| 3. Who sits on the bench? | • To understand the constitutional provision for the composition of the Supreme Court
• To analyse the extent to which the court is divided between liberal and conservative blocks |
Application Task:
Explain and analyse how the independence of the Supreme Court is protected. (12) Preparation Task: Appointment Process for the Supreme Court (Pearson p388-391) Stretch & Challenge Task Wiki: Ideological Leanings of the Supreme Court |
| 4. How are Supreme Court Justices appointed? | • To explain the nomination and confirmation process of the appointment of a Supreme Court Justice
• To analyse the influences on presidential choice of nominees • To evaluate the extent to which the confirmation process has become politicised |
Application Task:
Explain and analyse the criticism of the Supreme court nomination process. (12) Preparation Task: The role of judicial activism and judicial restraint (Pearson p394-397)
|
| 5. How important is judicial interpretation? | • To explain ‘judicial activism’ and ‘judicial restraint’
• To analyse the criticisms and arguments for both approaches |
Application Task:
Evaluate the extent to which judicial activism is justified. (30) Preparation Task: The Supreme Court and the Protection of Rights and Liberties (Bennett p308-325) Stretch & Challenge Task Extract from Keeping Faith With the Constitution (2009) Judicial Interpretation (Chapter 2) |
| 6. How do justices interpret the constitution differently? | • To make a clear distinction between strict and loose constructionism
• To explain the differences between the originalist and ‘living constitution’ approaches to judicial interpretation • To analyse the criticisms of and arguments for these interpretations |
Application Task:
Evaluate the extent to which there is disagreement regarding originalist interpretations of the constitution. (30) Preparation Task: The Supreme Court and the Protection of Rights and Liberties (Bennett p308-325)
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| 7. How significant have Supreme Court cases been? | • | Application Task:
Landmark Cases Task Preparation Task: Race and Rights in Contemporary US Politics (Pearson p397-401)
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| 8. How conservative has the Robert Courts been? | • To analyse the direction of the Roberts Court since 2005
• To evaluate the significance of recent decisions in deciding if the Roberts Court exhibits a balance between judicial activism and judicial restraint • To evaluate the significance of recent appointments to the Supreme Court (Roberts, Alito, Sotomayor, Kagan, Gorsuch |
Application Task:
Evaluate the extent to which the Supreme Court has advanced conservative values since 2005? (30) Preparation Task: Interpretations and Debates of the US Supreme Court (Pearson p401-405) Stretch & Challenge Task Article: The Case Against The Roberts Court
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| 9. How is the Supreme Court a threat to, rather than a protector of, democracy? | • To understand the debate over the role of the court as an unelected body in a democracy
• To analyse the extent to which the court uses its power to impose its own values • To analyse the extent to which the court is fulfilling a necessary function of keeping the values of the constitution relevant to modern society |
Application Task:
Evaluate the extent to which the power of the Supreme Court is a threat to democracy, given it is an unelected body. (30) Preparation Task: Supreme Court and Political Power (McKay p330-343) Stretch & Challenge Task |
| 10. How far has the Supreme Court become a political institution? | • To understand the debate over whether the court is a political rather than a judicial institution
• To analyse the extent to which judges have abandoned judicial neutrality in the pursuit of their own political agenda • To analyse the extent to which decisions will inevitably be labelled ‘political’ by opponents |
Application Task:
Evaluate the extent to which the Supreme Court has become a political, not a judicial institution. (30) Preparation Task: Revise for end of topic test Stretch & Challenge Task Article: Democrats question independence of Trump SC nominee
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