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Specification:

  • AQA Component 3.2.1.3: The executive branch of government: the effectiveness of formal checks and balances; the prevailing orientation of the Supreme Court

  • Edexcel Component 3.3.2: Limitations on presidential power: Congress, the Supreme Court and the Constitution

Background: what you need to know

In a controversial ruling, the US Supreme Court has declared that the President enjoys immunity from criminal prosecution for acts committed in his official capacity. The verdict has major political implications, virtually removing the threat of further legal action against Donald Trump in the run-up to the November election.

Following Joe Biden’s poor performance in the 27 June presidential election debate, this further advantages Trump. Opponents, by contrast, argue that the verdict potentially gives a chief executive licence to behave in wholly unacceptable and illegal ways.

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

Supreme Court gives Donald Trump’s White House bid another shot of momentum

Question in the style of AQA Politics Paper 2

  • Explain and analyse three factors that limit the power of the US presidency. [9 marks]

Question in the style of Edexcel Politics Paper 3

  • Evaluate the view that the US Constitution does not adequately check the power of the President.

    You must consider this view and the alternative to this view in a balanced way. [30 marks]

    TIP: The issue of presidential immunity links to a broader theme: the ambiguity of much of the US Constitution, which leaves it open to interpretation by the Supreme Court. The 6-3 split within the currently conservative-dominated Court highlights the political nature of the appointments system and the part played by ideological divisions in its work.

Graham Goodlad, Portsmouth High School

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