The Supreme Court: Law and Politics in the USA

Academic Responsibility: Mr Robert Melville

Module Aims

The main aim of the module is to enable students to gain an understanding of the role played by the Supreme Court within the United States political system. This is recognition of the continuing and growing importance of de Tocqueville's famous perception in the 1830s that 'scarcely any political question arises in the United states that is not resolved, sooner or later, into a judicial question'. The module will examine a range of public policies and the way in which the courts shape major policy issues in the United States.

A second aim is to enable students to appreciate the dual nature of the Court as a political and legal body, and the consequences of the blending of politics and law. A third aim is to enable students to undertake some legal research using the Internet, so as to understand to the processes, procedures and documentation relating to the work of Court. A final aim is to place the Supreme Court in the wider framework of American politics and government to analyse the power of, and constraints upon, the Court.

Module Content

As the third co-equal branch of Government, the United States Supreme Court's contribution to American politics is as significant as that of Congress and the presidency.

The module is concerned with exploring the legal and judicial frameworks within which the Supreme Court works and emphasises the political forces that surround and influence it. There will be an examination of the roles played by the Supreme Court in American politics and government, and the extent to which these vary depending on the political environment. This includes an examination of the political controls on the Court.

There is consideration of the ways in which presidency, Congress and interest groups bring pressure upon the judicial decision-making process and the extent to which the Justices are able to rise about politics. There will be a consideration of the political activity concerned with Supreme Court appointments.

There will be a consideration of the Court's contemporary political agenda, including issues such as: freedom of speech; freedom of the press; censorship of the Internet; burning the flag; affirmative action; the freedom of religion; abortion; the right to bear arms and gun control; capital punishment; the rights of political detainees.

Assessment

Students have a choice of either two assignments of 2500 words each or one assignment of 5000 words.  There is no examination.