‹ All questionsPaper 3 US · 2022 · 30 marks
Evaluate the view that the American Dream has been achieved.
Civil Rights / Judiciary
Mark scheme: agreement
AO1: Congress has taken steps to protect civil rights in particular in line with party policy
AO2: This has been a key feature of Democratic policy since the 1950s and 1960s and has led to the passage of several key civil rights Acts
AO3: Many of these Acts have been passed to consolidate or strengthen decisions made by the Supreme Court, demonstrating the need for legislative protection
AO1: Congress can amend Constitution e.g. Bill of Rights and attempts to pass Equal Rights Amendment
AO2: This means that Congress can take pro-active steps to protect civil rights and to enshrine those rights within the constitution
AO3: This means that rights are more effectively protected as they become entrenched and more difficult to overturn
AO1: Congress can pass legislation that extends rights without constitutional amendments e.g. Voting Rights Act etc
AO2: This allows additional rights to be legally protected, and also allows for clarification of issues arising from the wording of the Constitution
AO3: This is also an easier and quicker process than judicial protection, as judicial review can take years to reach the Supreme
AO1: Court
AO2: Congress can legislate on issues not provided by Constitution e.g. modernising society/reacting to events and does not have to wait for cases to be brought to it, unlike SC
AO3: This allows the protection of rights to be updated in line with a modern society, and arguably is best protected by elected individuals who are responsive to the changing needs of the electorate
Mark scheme: disagreement
AO1: The Supreme Court can be more neutral and impartial rather than ideologically driven
AO2: This allows their decisions to be independent of political influence
AO3: This can mean that civil and constitutional rights can be upheld or even extended based on the rights contained within the Constitution despite a lack of political will to enact specific legislation
AO1: The Supreme Court’s main role is to act as the arbiter of the Constitution
AO2: This means that issues related to rights may be considered from a constitutional and legal standpoint rather than a political or a populist base
AO3: This can allow rights within the Constitution or legislation to be upheld even if this disagrees with the current ideology of the president or
AO1: Congress
AO2: The Supreme Court can deal with issues raised by individuals and interest that Congress does not/will not deal with
AO3: This gives another route for minorities to raise issues that the political majority do not want to tackle because of ideology/controversial nature of the issue
AO1: This can subsequently lead to change in the law as Supreme Court decisions can demonstrate that the Constitution is in line with popular support/demand for a change in civil rights policy e.g. gay marriage
AO2: SC can uphold presidential actions that extend rights that Congress do not agree with
AO3: This allows presidents to make use of their additional legislative powers e.g. executive orders to extend civil rights even in times of divided government
Open in the full browser (plan, examples, save)