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Specification:

  • AQA Component 3.2.1.4: The judicial branch of government: debates about the political significance of the Supreme Court

  • Edexcel Component 4.6: Interpretations and debates of the US Supreme Court and civil rights: the political versus judicial nature of the Supreme Court

Background: what you need to know

The Supreme Court has ruled that lower federal courts cannot halt President Trump’s executive order ending birthright citizenship nationwide. This is the concept that all children born in the US, including those of unauthorised immigrants, have an automatic right to citizenship. Trump has hailed this as a major endorsement of his right to determine policy without interference.

It is noteworthy that the Court has split on ideological lines, with the six conservative justices outvoting the three liberal appointees. The dissenting minority have argued that this sets a dangerous precedent, opening the door for the executive branch to withdraw established constitutional rights.

Click the link below to read the article and then answer the questions:

Trump claims victory as Supreme Court curbs nationwide injunctions

Question in the style of AQA Politics Paper 2

  • Explain and analyse three ways in which the US Supreme Court has become a political rather than a judicial body in recent years. [9 marks]

Question in the style of Edexcel Politics Paper 3

  • Evaluate the view that the US Supreme Court has become a political rather than a judicial body. You must consider this view and the alternative to this view in a balanced way. [30 marks]

    TIP: The ruling provides evidence for the argument that the Supreme Court is increasingly acting in an ideologically driven manner. On the other hand, it is also worth noting the limits of the ruling — the Court did not pronounce on the merits of birthright citizenship itself.

    Another decision of the Supreme Court which fits into this pattern is the 5-4 ruling on swift deportations in April 2025, confirming executive control over the removal of migrants: US Supreme Court allows Donald Trump to use centuries-old law for deportations

    However, the Court did check executive power in March when it ruled, again by a 5-4 majority, that Trump must release foreign aid funds that he was withholding: US Supreme Court upholds order forcing foreign aid payments This case supports the alternative view, that the Court does not always interpret the constitution in a way that favours the exercise of presidential power.

Graham Goodlad, Portsmouth High School

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