Supreme Court & Public Policy

The Supreme Court and Public Policy

The Supreme Court has had a major impact on a range of US public policy including abortion, marriage equality and election campaign spending.

Marriage equality

The Supreme Court has ruled on marriage equality in America.
In the 2013 United States v Windsor case the court ruled the Defense of Marriage Act, which allowed states to refuse to recognise same-sex marriage, as unconstitutional.
In the 2015 Obergefell v Hodges case, the Supreme Court ruled that a ban on same-sex marriage was unconstitutional under the 14th Amendment’s equal protection of all citizens’ life and liberty rights.

Abortion

The Supreme Court has ruled on the right to abortion for women.
The 1973 Roe v Wade case ruled that women have the right to an abortion under the 14th Amendment right to ‘privacy’. The court ruled that women should have the freedom to choose to have an abortion.
The 2007 Gonzales v Carhart case ruled to uphold the 2003 Partial-Birth Abortion Ban Act which banned the procedure of intact dilation and extraction used in later abortions.
In 2022, the Dobbes v Jackson ruling overruled Roe v Wade and allowed states to make their own abortion laws.

Campaign spending

Recent cases have removed some restrictions on election campaign spending.
In the 2010 Citizens United v FEC case, the Supreme Court removed laws that prevented businesses from funding political advertising because the laws were considered to violate First Amendment rights to freedom of speech.
In the 2014 McCutcheon v FEC case, the limit on individual contributions for election candidates of $48,600 was removed because it was ruled to violate the First Amendment right to free speech.

Judicial Activism and Restraint

Judicial activism is the belief that judges should aim to promote desirable social goals through their decisions. Judicial restraint is an approach that judges should defer decisions to the executive and legislative.

Judicial activism

Judicial activist judges make rulings which reform US society and change public policy rather than defer decisions to elected officials.
Judicial activist courts will more regularly use judicial review to overrule actions of the executive and Congress.
Judicial activism is linked to the liberal view that the Constitution is flexible and can be adapted.
Judicial activism enables the Constitution to evolve as society changes without needing to formally amend the Constitution.

Strengths of judicial activism

Judicial activism brings about important social changes and developments.
Judicial activists believe that the Founding Fathers of the Constitution expected the Court to actively interpret the Constitution to meet ongoing changes in society.
- The Burger Court of 1969-1986 acted with judicial activism, giving women the right to have an abortion in the 1973 Roe v Wade case.

Criticisms of judicial activism

A judicially activist court makes laws when its role should be limited to interpreting the law.
The law should be made by the elected legislative and executive rather than the unelected Supreme Court.
Judges are experts in the law but not in the policy areas they make judgements on, and so should not make the law.

Judicial restraint

Judicial restraint is linked to the conservative and strict constructionist view of interpreting the Constitution literally.
Judicial restraint is when judges rarely use judicial review to overrule actions by the executive or Congress.
Under judicial restraint, judges will often defer public policy decisions to elected officials.
Judicial restraint exists when courts base most decisions on precedent from previous court rulings.
- The Rehnquist Court of 1986-2005 acted with judicial restraint.

Criticisms of judicial restraint

Judicial restraint prevents important social change from taking place.
- Precedent is followed from rulings which are out of date with modern society.
- The Constitution should change to meet ongoing developments in society.
- The 1896 Plessy v Ferguson case ruled with judicial restraint but denied basic rights to African American citizens by upholding racial segregation.

1Democracy & Participation

1.1Representative & Direct Democracy

1.1.1Direct Democracy

1.1.2Pros & Cons of Direct Democracy

1.1.3Representative Democracy

1.1.4Pros & Cons of Representative Democracy

1.1.5Comparing Types of Democracy

1.1.6Case for Democratic Reform

1.1.7End of Topic Test - Types of Democracy

1.1.8Top Grade AO3/4 - Types of Democracy

1.2Wider Franchise & Suffrage

1.2.1History of the UK Franchise

1.2.2Campaigns for Suffrage

1.2.3End of Topic Test - Franchise & Suffrage

1.3Pressure Groups & Other Influences

1.3.1Types of Pressure Group

1.3.2Functions of Pressure Groups

1.3.3How Pressure Groups Influence

1.3.4Case-Study Examples

1.3.5Other Collective Orgs & Groups

1.3.6End of Topic Test - Pressure Groups & Influences

1.3.7Application Questions - Pressure Groups

1.4Rights in Context

1.4.1Development of Rights in the UK

1.4.2The UK's Rights-Based Culture

1.4.3End of Topic Test - Rights in Context

2Political Parties

2.1How Political Parties Work

2.1.1Functions & Features of UK Political Parties

2.1.2Funding of UK Political Parties

2.1.3UK Funding Reform

2.1.4End of Topic Test - Political Parties

2.1.5Top Grade AO3/4 - Political Parties

2.2Established Political Parties

2.2.1The Conservative Party: History

2.2.2The Conservative Party: Recent Leaders

2.2.3The Labour Party

2.2.4The Liberal Democrat Party

2.2.5Ideas & Policies of UK Parties

2.2.6End of Topic Test - Established Parties

2.2.7Application Questions - Established Parties

2.3Emerging & Minor Political Parties

2.3.1Minority Parties

2.3.2Minority Parties Case Studies

2.3.3End of Topic Test - Minor Parties

2.4UK Political Parties in Context

2.4.1Different Party Systems

2.4.2Political Spectrum

2.4.3Factors Affecting Party Success

2.4.4End of Topic Test - Parties in Context

2.4.5Application Questions - Parties in Context

3Electoral Systems

3.1Different Electoral Systems

3.1.1FPTP & STV

3.1.2AMS & SV

3.1.3End of Topic Test - Electoral Systems

3.1.4Top Grade AO3/4 - Electoral Systems

3.2Referendums & How They Are Used

3.2.1Case For & Against Referendums

3.2.2End of Topic Test - Referendums

3.2.3A-A* (AO3/4) - Referendums

3.3Electoral System Analysis

3.3.1Electoral System Analysis

3.3.2End of Topic Test - System Analysis

3.3.3A-A* (AO3/4) - Electoral System Analysis

4Voting Behaviour & the Media

4.1General Election Case Studies

4.1.1Case Studies of Elections

4.1.2Factors Influencing Voting in Elections

4.1.3End of Topic Test - Case Studies & Factors

4.1.4A-A* (AO3/4) - Case Studies & Voting

4.2Media Influence

4.2.1Media Influence

4.2.2End of Topic Test - Media Influence

5Conservatism

5.1Conservatism: Core Ideas & Principles

5.1.1Pragmatism & Tradition

5.1.2Human Imperfection & Organic Society/State

5.1.3Authority & Hierarchy

5.1.4Paternalism

5.1.5Empiricism

5.1.6Anti-Permissiveness

5.1.7Radical Conservative Ideas

5.1.8End of Topic Test - Core Conservatism

5.2Conservatism: Differing Views & Tensions

5.2.1Traditional Conservatism

5.2.2One-Nation Conservatism

5.2.3New Right Conservatism

5.2.4End of Topic Test - Different Views

5.3Conservative Thinkers & Ideas

5.3.1Thomas Hobbes & Edmund Burke

5.3.2Michael Oakeshott & Ayn Rand

5.3.3Robert Nozick

5.3.4End of Topic Test - Conservative Thinkers

5.3.5A-A* (AO3/4) - Conservatism

6Liberalism

6.1Liberalism: Core Ideas & Principles

6.1.1Individualism & Freedom/Liberty

6.1.2The State & Rationalism

6.1.3Equality & Social Justice

6.1.4Liberal Democracy

6.1.5Other Important Liberal Ideas

6.1.6End of Topic Test - Liberalism

6.2Differing Views And Tensions Within Liberalism

6.2.1Classical Liberalism

6.2.2Modern Liberalism

6.2.3End of Topic Test - Tensions & Views

6.3Liberal Thinkers & Ideas

6.3.1John Locke & Mary Wollstonecraft

6.3.2John Stuart Mill & John Rawls

6.3.3Betty Friedan

6.3.4End of Topic Test - Thinkers & Ideas

6.3.5A-A* - Liberalism

7Socialism

7.1Socialism: Core Ideas & Principles

7.1.1Fraternity & Co-operation

7.1.2Capitalism & Common Ownership

7.1.3Communism

7.1.4Collectivism

7.1.5Common Humanity

7.1.6Equality

7.1.7Social Class & Workers' Control

7.1.8End of Topic Test - Socialism

7.2Differing Views And Tensions Within Socialism

7.2.1Differing Views And Tensions

7.2.2End of Topic Test - Views & Tensions

7.3Socialist Thinkers and Their Ideas

7.3.1Socialist Thinkers: Marx & Engels

7.3.2Socialist Thinkers: Webb & Luxemburg

7.3.3Socialist Thinkers: Crosland and Giddens

7.3.4End of Topic Test - Thinkers & Ideas

7.3.5A-A* (AO3/4) - Socialism

8The UK Constitution

8.1Nature & Sources of UK Constitution

8.1.1Development of the UK Constitution

8.1.2Nature of the UK Constitution

8.1.3Sources of the UK Constitution

8.1.4End of Topic Test - Nature & Sources

8.2Constitutional Change since 1997

8.2.1Constitutional Reform 1997-2010 1

8.2.2Constitutional Reform 1997-2010 2

8.2.3Constitutional Reform 2010-15 & Reforms Since 2015

8.2.4End of Topic Test - Reform

8.2.5Application Questions - Reform

8.3Role & Powers of Devolved UK Bodies

8.3.1Devolution in England & Scotland

8.3.2Devolution in Wales & Northern Ireland

8.3.3End of Topic Test - Devolution

8.4Debates on Constitutional Reform

8.4.1Constitutional Reform & Devolution

8.4.2Should the Constitution Be Codified?

8.4.3End of Topic Test - Reform Debates

8.4.4Application Questions - Codification & Devolution

9The UK Parliament

9.1Houses of Parliament

9.1.1Houses of Parliament

9.1.2Functions of the House of Commons

9.1.3Functions of the House of Lords

9.1.4End of Topic Test - Parliament

9.1.5Top Grade AO3/4 - Parliament

9.2Comparative Powers

9.2.1Comparative Powers of the Houses

9.2.2End of Topic Test - Comparative Powers

9.3Legislative Process

9.3.1Legislative Stages

9.3.2Law-Making in the two Houses

9.3.3End of Topic Test - Legislative Process

9.4Parliament & Executive Interactions

9.4.1Backbenchers

9.4.2Select Committees

9.4.3The Opposition

9.4.4Ministerial Question Time

9.4.5End of Topic Test - Parliament & Executive

9.4.6Application Questions - Parliament & Executive

10The Prime Minister & the Executive

10.1The Executive

10.1.1Structure of the Executive

10.1.2Roles of the Executive

10.1.3Powers of the Executive

10.1.4End of Topic Test - PM & Executive

10.2Ministerial Responsibility

10.2.1Individual Ministerial Responsibility

10.2.2Collective Ministerial Responsibility

10.2.3End of Topic Test - Ministerial Responsibility

10.3Prime Minister & the Cabinet

10.3.1Role of the Prime Minister

10.3.2Prime Minister's Powers

10.3.3Limits on the Prime Minister's Powers

10.3.4Role of the Cabinet

10.3.5Prime Minister & Cabinet: Relations

10.3.6Prime Minister & Cabinet: Balance of Power

10.3.7Prime Minister & Cabinet: Case Studies

10.3.8End of Topic Test - PM & Cabinet

10.3.9Top Grade AO3/4 - PM & Cabinet

11Relationships Between Government Branches

11.1The Supreme Court

11.1.1Role & Composition

11.1.2Principles & Influence of the Supreme Court

11.1.3End of Topic Test - Supreme Court

11.2Parliament & Executive Relations

11.2.1Parliament & Executive: Questions

11.2.2Parliament & Executive: Committees

11.2.3Parliament & Executive: Voting

11.2.4Executive Dominance Over Parliament

11.2.5Balance of Power

11.2.6End of Topic Test - Parliament & Executive

11.2.7A-A* (AO3/4) - Relationships Between Government

11.3The European Union & the UK

11.3.1Aims & Policy Making of the European Union

11.3.2End of Topic Test - EU & UK

11.4Sovereignty in the UK Political System

11.4.1Sovereignty in the UK Political System

11.4.2End of Topic Test - Sovereignty

12US Constitution & Federalism

12.1Nature of the US Constitution

12.1.1Nature of the US Constitution

12.1.2Nature: Positives & Negatives

12.1.3Constitutional Framework

12.1.4The Amendment Process

12.1.5End of Topic Test - Nature US Constitution

12.2Principles of the US Constitution

12.2.1Federalism

12.2.2Separation of Powers/Checks & Balances

12.2.3Bipartisanship

12.2.4Limited Government

12.2.5End of Topic Test - Constitutional Principles

12.3Federalism

12.3.1Main Characteristics

12.3.2Federal Government and the States

12.3.3End of Topic Test - Federalism

12.4Interpretations & Debates

12.4.1Democracy in the Constitution

12.4.2Federalism

12.4.3End of Topic Test - Debates

12.4.4A-A* (AO3/4) - US Constitution

13US Congress

13.1Structure of Congress

13.1.1Structure of Congress

13.1.2Distribution of Powers

13.1.3End of Topic Test - Congress Structure

13.2Functions of Congress

13.2.1Representation

13.2.2Legislative

13.2.3Oversight

13.2.4End of Topic Test - Functions of Congress

13.3Interpretations & Debates

13.3.1Changing Roles & Powers

13.3.2Changing Significance of Parties & of Powers

13.3.3End of Topic Test - Debates

13.3.4Application Questions - US Congress

14US Presidency

14.1Presidential Power

14.1.1Formal Sources of Presidential Power

14.1.2Informal Sources of Presidential Power

14.1.3Powers of Persuasion

14.1.4End of Topic Test - Presidential Power

14.2The Presidency

14.2.1President Relationship with Other Institutions

14.2.2Limitations on Presidential Power

14.2.3US Presidents Achieving Their Aims

14.2.4End of Topic Test - Presidency

14.3Interpretations & Debates of the US Presidency

14.3.1The Imperial Presidency

14.3.2The President in Foreign Policy

14.3.3End of Topic Test - Debates

14.3.4A-A* (AO3/4) - US Presidency

15US Supreme Court & Civil Rights

15.1Nature & Role of Supreme Court

15.1.1Nature & Role of the Supreme Court

15.1.2End of Topic Test - Nature & Role

15.2Supreme Court Appointment Process

15.2.1Appointment Process

15.2.2Supreme Court Membership

15.2.3End of Topic Test - Appointments

15.3The Supreme Court & Public Policy

15.3.1Supreme Court & Public Policy

15.3.2End of Topic Test - Public Policy

15.4Protection of Civil Liberties & Rights

15.4.1Protection of Civil Liberties & Rights

15.4.2Race & Rights in Contemporary US Politics

15.4.3End of Topic Test - Rights & Liberties

15.5Debates & Interpretations of the Supreme Court

15.5.1Political Nature of the Supreme Court

15.5.2Judicial Interpretation

15.5.3Supreme Court Checks & Balances

15.5.4End of Topic Test - Debates

15.5.5Application Questions - The Supreme Court

16US Democracy & Participation

16.1Presidential Elections

16.1.1Presidential Elections

16.1.2Primaries

16.1.3National Party Conventions

16.1.4End of Topic Test - Presidential Elections

16.2Electoral College

16.2.1Electoral College System

16.2.2Reforms

16.2.3End of Topic Test - Electoral College

16.3Electoral Campaigns

16.3.1Issues in Elections

16.3.2End of Topic Test - Campaigns

16.4Incumbency

16.4.1Elections & Incumbency

16.4.2End of Topic Test - Incumbency

16.4.3A-A* (AO3/4) - Elections & Electoral College

16.5Democrats & Republicans

16.5.1National & State Level Organisation

16.5.2Democratic & Republican Policies

16.5.3Changing Party Significance

16.5.4End of Topic Test - Democrats & Republicans

16.6Internal Conflict & Ideology

16.6.1Types of Democrats

16.6.2Types of Republicans

16.6.3End of Topic Test - Internal Conflict

16.7Support & Demographics

16.7.1Coalition of Supporters

16.7.2End of Topic Test - Party Support

16.8Interest Groups

16.8.1Political Significance of Interest Groups

16.8.2Interest Group Influence & Impact on Democracy

16.8.3End of Topic Test - Interest Groups

16.8.4Application Questions - Parties, Ideology & Groups

17Comparing Democracies

17.1Theoretical Approaches

17.1.1Theoretical Approaches

17.1.2End of Topic Test - Approaches

17.2UK & USA Similarities & Differences

17.2.1Constitution: Nature

17.2.2Constitution: Provisions & Principles

17.2.3Federal System & Devolution

17.2.4Legislative: Lower Houses of Government

17.2.5Legislative: Upper Houses of Government

17.2.6Legislative: Powers & Functions

17.2.7Executive

17.2.8Supreme Court

17.2.9Supreme Court: Judicial Independence

17.2.10Civil Rights

17.2.11Civil Rights: Interest Groups

17.2.12Party Systems & Parties

17.2.13Campaign Finance & Pressure Groups

17.2.14End of Topic Test - Comparing UK & US

17.2.15Application Questions - UK & USA

18Feminism

18.1Feminism: Core Ideas & Principles

18.1.1Context of Feminism

18.1.2Sex & Gender

18.1.3Patriarchy & The Personal is the Political

18.1.4Difference, Egalitarian & Intersectionality

18.1.5Key Themes

18.1.6End of Topic Test - Core Ideas & Principles

18.2Different Types of Feminism

18.2.1The Waves of Feminism

18.2.2Socialist & Radical Feminism

18.2.3Post-Modern Feminism

18.2.4End of Topic Test - Different Types of Feminism

18.3Feminist Thinkers & Their Ideas

18.3.1Charlotte Gilman & Simone de Beauvoir

18.3.2Kate Millett

18.3.3Sheila Rowbotham & bell hooks

18.3.4End of Topic Test - Feminist Thinkers & Ideas

18.3.5A-A* (AO3/4) - Feminism

19Nationalism

19.1Nationalism: Core Ideas & Principles

19.1.1Nations & Self-Determination

19.1.2Nation-States & Culturalism

19.1.3Racialism & Internationalism

19.1.4Civic & Ethnic Nationalism

19.1.5Liberal & Socialist Internationalism

19.1.6Key Themes

19.1.7End of Topic Test - Core Ideas & Principles

19.2Different Types of Nationalism

19.2.1Liberal & Conservative Nationalism

19.2.2Post-Colonial & Expansionist Nationalism

19.2.3Progressive & Regressive Nationalism

19.2.4Inclusive & Exclusive Nationalism

19.2.5End of Topic Test -Different Types of Nationalism

19.3Nationalist Thinkers & Their Ideas

19.3.1Jean-Jacques Rousseau & Gottfried von Herder

19.3.2Giuseppe Mazzini & Charles Maurras

19.3.3Marcus Garvey

19.3.4End of Topic Test - Nationalist Thinkers & Ideas

19.3.5A-A* (AO3/4) - Nationalism

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