Evaluate the view that Congress better protects rights than the Supreme Court Edexcel A Level essay plan

Congress and SC rights protection




Amendments – Congress

 The ones to create these entrenched rights
o 8th Amendment
o 1st Amendment
o 2nd Amendment

SC – ones to enforce these

 Texas v Johnson – banning desecration of flag is unconstitutional
 Citizens United v FEC
 DC v Heller – 2nd Amendment
 US v Lopez



Court cases protecting minorities - SC

 Grutter v Bollinger – Michigan Law School’s admissions programme constitutional due to
‘individualised approach’
 Uni of California v Bakke – ruled out racial quotas, but left door open to it being considered
 Bostock v Clayton County – Civil Rights Act protects sexual orientation

Legislation – Congress

 Civil Rights Act 1964 (race, colour, religion)
 Voting Rights Act
 PPACA



Oversight of the executive – Congress

 Senate confirmations
o Harriet Miers
o Vincent Viola
 Committees
o Hillary Clinton – Benghazi
 Impeachment
o Nixon, Trump X2



Oversight of the Executive – Supreme Court

 Unconstitutional rulings of presidency
o Hamdan v Rumsfeld – limited used of GW Bush’s military commissions abroad
o Rejected electoral fraud cases by Trump
o Nixon – executive privilege didn’t apply