Paper 3
Table of Contents
Past paper questions................................................................3
3 (a) Evaluate the view that the Supreme Court is now an ‘imperial
judiciary’.........................................................................................3
Evaluate the view that Congressional oversight of the President is
ineffective.......................................................................................6
3 (c) Evaluate the view that racial equality has been advanced in the
21st century....................................................................................8
3 (a) Evaluate the view that civil rights are protected effectively by
the Supreme Court.........................................................................10
3 (b) Evaluate the view that campaign finance is the most significant
factor in determining the outcome of elections................................11
3 (a) Evaluate the view that the President’s control over foreign policy
is their most significant power........................................................14
3 (b) Evaluate the view that measures to promote racial equality have
failed............................................................................................15
3 (a) Evaluate the view that US foreign policy is dominated as much
by Congress as by the presidency...................................................17
3 (c) Evaluate the view that the procedures for electing US presidents
and members of Congress are not fit for purpose............................18
3 (b) Evaluate the view that the constitutional system of checks and
balances is an obstacle to effective government..............................20
3 (c) Evaluate the view that presidential appointments to the
Supreme Court ensure it is a political body rather than a judicial one.
.....................................................................................................21
3 (b) Evaluate the view that the growth in presidential power has led
to a corresponding decline in federalism.........................................23
3 (a) Evaluate the view that the President is the most powerful branch
of government rather than the Supreme Court or Congress..............24
3 (b) Evaluate the view that Congress has protected civil and
constitutional rights more effectively than the Supreme Court.........25
1. The US Constitution and federalism......................................28
3 (a) Evaluate the view that the checks and balances of the US
Constitution are still effective today................................................28
3 (a) Evaluate the view that the process for amending the US
Constitution works well..................................................................30
3 (a) Evaluate the view that the US federal government has
undermined the effectiveness of federalism....................................31
3 (a) Evaluate the view that the weaknesses of the US Constitution
outweigh its strengths...................................................................33
, 3 (a) Evaluate the view that US Constitution has failed to create
equality between the three branches of government.......................34
3 (a) Evaluate the view that federalism is no longer a living principle
of the US Constitution....................................................................35
3 (a) Evaluate the view that the US Constitution is not fit for purpose.
.....................................................................................................37
3 (a) Evaluate the view that the US Constitution effectively protects
states’ rights.................................................................................38
2. Congress............................................................................40
3 (a) Evaluate the view that Congress is a representative body........40
3 (a) Evaluate the view that political parties important in Congress..42
Evaluate the view that the real work of Congress occurs in
committees rather than in the chambers.........................................44
Evaluate the view that the election cycle to Congress prohibits it
functioning effectively....................................................................45
3 (a) Evaluate the view that Congress fails in its oversight function. 46
Evaluate the view that Congress is effective in policy making...........48
3. US Presidency.....................................................................50
Evaluate the view that power of persuasion is the president’s most
significant informal power..............................................................50
Evaluate the view that the constitution effectively allows the
president to carry out their office...................................................50
3 (a) Evaluate the view that there is an ‘imperial presidency’ in the
USA...............................................................................................51
3 (a) Evaluate the view that the president controls foreign policy.....54
3 (a) Evaluate the view that presidents are rarely able to achieve their
policy aims....................................................................................56
3 (a) Evaluate the view that the presidency can no longer be held
accountable in any meaningful sense while they are in office...........57
3 (a) Evaluate the view that presidential power is more determined by
national circumstances than by the US Constitution........................58
Evaluate the view the president is the most powerful branch of
government and not supreme court or congress..............................59
4. US Supreme Court and US civil rights...................................60
3 (a) Evaluate the view that the modern Supreme Court functions as a
‘third house’ in the legislature........................................................61
3 (a) Evaluate the view that measures to promote equality in the USA
have largely been effective............................................................62
3 (a) Evaluate the view that the power of the Supreme Court cannot
be justified in a modern democracy.................................................63
, 3 (a) Evaluate the view that the Supreme Court has effectively
protected constitutional rights in recent years................................64
Evaluate the view that civil rights pressure groups have been
successful in promoting equality....................................................66
5. US democracy and participation...........................................66
3 (a) Evaluate the view that the process of selecting presidential
candidates is deeply flawed............................................................66
Evaluate the view that the Electoral College is an outdated institution.
.....................................................................................................67
Evaluate the view that the advantages of the Electoral College
outweigh its disadvantages............................................................67
3 (a) Evaluate the view that interest groups are beneficial to American
democracy.....................................................................................69
3 (a) Evaluate the view that the Republican Party is now more divided
than the Democratic Party..............................................................72
Exam-style compound questions..............................................76
3 (a) Evaluate the view that interest groups are more important than
political parties to members of Congress.........................................79
President - Informal Powers.......................................................................................80
Point:......................................................................................................................... 80
The President wields several informal powers not explicitly granted by the
Constitution, which enable significant influence over Congress. Key among these are
the use of executive orders and vetoes.....................................................................80
Congress - Informal Powers.......................................................................................80
President - Divided Government................................................................................81
Congress - Divided Government................................................................................81
President - Finance.................................................................................................... 81
Congress - Finance.................................................................................................... 81
3 (a) Evaluate the view that policymaking in the USA is mostly
determined by Congress.................................................................82
Past paper questions
Sample paper
3 (a) Evaluate the view that the Supreme Court is now
an ‘imperial judiciary’.
You must consider this view and the alternative to this view in a balanced way.
[30 marks]
Extent of power
, The court is able to make decisions with massive impact on the US
government and its citizens and yet is unelected and almost entirely
unaccountable
Examples of this large amount of power that the court holds is that in
2015, the Supreme Court's ruling in Obergefell v. Hodges established a
nationwide right to same-sex marriage
More recently, the Supreme Court's decision in Dobbs v. 2022 overturned
the precedent of Roe v. Wade, eliminating the federal constitutional right
to abortion and allowing states to set their own abortion laws.
These examples show that the Supreme Court wields significant power
and influence, as its interpretations of the Constitution can fundamentally
reshape federal and state policies, as well as the daily lives of U.S.
citizens.
However
The court has no way or means of enforcing its own rulings, and is entirely
dependent on other branches or federal government or states to enforce
them, or in some cases, completely ignore them.
For example, in Brown v Board of Education 1954 the court ruled that
segregation in education was not constitutional.
However, black students in Little Rock in the State of Arkansas were
denied entry to a white school by the Governor and white protestors, and
so the Court had to rely on the National Guard to ensure the entry of the
students in order to carry out their ruling.
Therefore, this example shows that although the SC is imperial in the
context that its rulings can leave a massive impact on the US, they must
rely on other branches to carry out their rulings, significantly limiting their
power
Judicial review
Allows court to rule on any case regarding constitution and let decision
stand allowing an increase in power
Granted to the court in the cases of Marbury v Madison (1803) and
Fletcher v Peck (1810)
Recent examples of judicial review that have made the SC imperial in their
power are:
o Bush v Gore 2000: Where the SC held that the Florida SC’s method
for recounting ballots was unconstitutional, effectively halting the
recount and leading to Bush being declared the winner of the 2000
election
o Students for Fair Admissions, Inc. v. Harvard (2023): race should not
play a role in determining whether or not a candidate is accepted
into a University under the 14th amendment
Both of these examples therefore shows that the SC’s power of judicial
review makes the court imperial as it allows the unelected judiciary to
override decisions made by elected representatives, influencing policy and
changing society.
However
Table of Contents
Past paper questions................................................................3
3 (a) Evaluate the view that the Supreme Court is now an ‘imperial
judiciary’.........................................................................................3
Evaluate the view that Congressional oversight of the President is
ineffective.......................................................................................6
3 (c) Evaluate the view that racial equality has been advanced in the
21st century....................................................................................8
3 (a) Evaluate the view that civil rights are protected effectively by
the Supreme Court.........................................................................10
3 (b) Evaluate the view that campaign finance is the most significant
factor in determining the outcome of elections................................11
3 (a) Evaluate the view that the President’s control over foreign policy
is their most significant power........................................................14
3 (b) Evaluate the view that measures to promote racial equality have
failed............................................................................................15
3 (a) Evaluate the view that US foreign policy is dominated as much
by Congress as by the presidency...................................................17
3 (c) Evaluate the view that the procedures for electing US presidents
and members of Congress are not fit for purpose............................18
3 (b) Evaluate the view that the constitutional system of checks and
balances is an obstacle to effective government..............................20
3 (c) Evaluate the view that presidential appointments to the
Supreme Court ensure it is a political body rather than a judicial one.
.....................................................................................................21
3 (b) Evaluate the view that the growth in presidential power has led
to a corresponding decline in federalism.........................................23
3 (a) Evaluate the view that the President is the most powerful branch
of government rather than the Supreme Court or Congress..............24
3 (b) Evaluate the view that Congress has protected civil and
constitutional rights more effectively than the Supreme Court.........25
1. The US Constitution and federalism......................................28
3 (a) Evaluate the view that the checks and balances of the US
Constitution are still effective today................................................28
3 (a) Evaluate the view that the process for amending the US
Constitution works well..................................................................30
3 (a) Evaluate the view that the US federal government has
undermined the effectiveness of federalism....................................31
3 (a) Evaluate the view that the weaknesses of the US Constitution
outweigh its strengths...................................................................33
, 3 (a) Evaluate the view that US Constitution has failed to create
equality between the three branches of government.......................34
3 (a) Evaluate the view that federalism is no longer a living principle
of the US Constitution....................................................................35
3 (a) Evaluate the view that the US Constitution is not fit for purpose.
.....................................................................................................37
3 (a) Evaluate the view that the US Constitution effectively protects
states’ rights.................................................................................38
2. Congress............................................................................40
3 (a) Evaluate the view that Congress is a representative body........40
3 (a) Evaluate the view that political parties important in Congress..42
Evaluate the view that the real work of Congress occurs in
committees rather than in the chambers.........................................44
Evaluate the view that the election cycle to Congress prohibits it
functioning effectively....................................................................45
3 (a) Evaluate the view that Congress fails in its oversight function. 46
Evaluate the view that Congress is effective in policy making...........48
3. US Presidency.....................................................................50
Evaluate the view that power of persuasion is the president’s most
significant informal power..............................................................50
Evaluate the view that the constitution effectively allows the
president to carry out their office...................................................50
3 (a) Evaluate the view that there is an ‘imperial presidency’ in the
USA...............................................................................................51
3 (a) Evaluate the view that the president controls foreign policy.....54
3 (a) Evaluate the view that presidents are rarely able to achieve their
policy aims....................................................................................56
3 (a) Evaluate the view that the presidency can no longer be held
accountable in any meaningful sense while they are in office...........57
3 (a) Evaluate the view that presidential power is more determined by
national circumstances than by the US Constitution........................58
Evaluate the view the president is the most powerful branch of
government and not supreme court or congress..............................59
4. US Supreme Court and US civil rights...................................60
3 (a) Evaluate the view that the modern Supreme Court functions as a
‘third house’ in the legislature........................................................61
3 (a) Evaluate the view that measures to promote equality in the USA
have largely been effective............................................................62
3 (a) Evaluate the view that the power of the Supreme Court cannot
be justified in a modern democracy.................................................63
, 3 (a) Evaluate the view that the Supreme Court has effectively
protected constitutional rights in recent years................................64
Evaluate the view that civil rights pressure groups have been
successful in promoting equality....................................................66
5. US democracy and participation...........................................66
3 (a) Evaluate the view that the process of selecting presidential
candidates is deeply flawed............................................................66
Evaluate the view that the Electoral College is an outdated institution.
.....................................................................................................67
Evaluate the view that the advantages of the Electoral College
outweigh its disadvantages............................................................67
3 (a) Evaluate the view that interest groups are beneficial to American
democracy.....................................................................................69
3 (a) Evaluate the view that the Republican Party is now more divided
than the Democratic Party..............................................................72
Exam-style compound questions..............................................76
3 (a) Evaluate the view that interest groups are more important than
political parties to members of Congress.........................................79
President - Informal Powers.......................................................................................80
Point:......................................................................................................................... 80
The President wields several informal powers not explicitly granted by the
Constitution, which enable significant influence over Congress. Key among these are
the use of executive orders and vetoes.....................................................................80
Congress - Informal Powers.......................................................................................80
President - Divided Government................................................................................81
Congress - Divided Government................................................................................81
President - Finance.................................................................................................... 81
Congress - Finance.................................................................................................... 81
3 (a) Evaluate the view that policymaking in the USA is mostly
determined by Congress.................................................................82
Past paper questions
Sample paper
3 (a) Evaluate the view that the Supreme Court is now
an ‘imperial judiciary’.
You must consider this view and the alternative to this view in a balanced way.
[30 marks]
Extent of power
, The court is able to make decisions with massive impact on the US
government and its citizens and yet is unelected and almost entirely
unaccountable
Examples of this large amount of power that the court holds is that in
2015, the Supreme Court's ruling in Obergefell v. Hodges established a
nationwide right to same-sex marriage
More recently, the Supreme Court's decision in Dobbs v. 2022 overturned
the precedent of Roe v. Wade, eliminating the federal constitutional right
to abortion and allowing states to set their own abortion laws.
These examples show that the Supreme Court wields significant power
and influence, as its interpretations of the Constitution can fundamentally
reshape federal and state policies, as well as the daily lives of U.S.
citizens.
However
The court has no way or means of enforcing its own rulings, and is entirely
dependent on other branches or federal government or states to enforce
them, or in some cases, completely ignore them.
For example, in Brown v Board of Education 1954 the court ruled that
segregation in education was not constitutional.
However, black students in Little Rock in the State of Arkansas were
denied entry to a white school by the Governor and white protestors, and
so the Court had to rely on the National Guard to ensure the entry of the
students in order to carry out their ruling.
Therefore, this example shows that although the SC is imperial in the
context that its rulings can leave a massive impact on the US, they must
rely on other branches to carry out their rulings, significantly limiting their
power
Judicial review
Allows court to rule on any case regarding constitution and let decision
stand allowing an increase in power
Granted to the court in the cases of Marbury v Madison (1803) and
Fletcher v Peck (1810)
Recent examples of judicial review that have made the SC imperial in their
power are:
o Bush v Gore 2000: Where the SC held that the Florida SC’s method
for recounting ballots was unconstitutional, effectively halting the
recount and leading to Bush being declared the winner of the 2000
election
o Students for Fair Admissions, Inc. v. Harvard (2023): race should not
play a role in determining whether or not a candidate is accepted
into a University under the 14th amendment
Both of these examples therefore shows that the SC’s power of judicial
review makes the court imperial as it allows the unelected judiciary to
override decisions made by elected representatives, influencing policy and
changing society.
However
