paper 3

what is article I of the US constitution and what did it define? (1 + 3)

established congress as the national legislature and defined:

* its membership
* the qualifications and method of election of its members
* its powers (such as declaring war)

what is article II of the US constitution?

decided on a singular executive - the President. They would be chosen indirectly by an electoral college.

what is article III of the US constitution?

established the US Supreme Court. The role of umpire of the constitution was not explicitly granted but implied in this article.

what are enumerated powers?

powers delegated to the federal government under the constitution. mostly these are enumerated in the first three articles of the US constitution.

benefit of the vagueness of the constitution?

it has allowed the constitution to evolve without formal amendment

weakness of the vagueness of the constitution?

it has led to conflict and dispute about what can be considered constitutional

what is an example of a way that the vagueness of the US constitution has caused conflict?

absence of comment on slavery sowed the seeds for the American Civil War in the 1860s. Slavery was eventually banned through the 13th amendment.

where are many of the implied powers derived from?

the ‘necessarily and proper clause', or the ‘elastic clause,’ which empowers Congress to make all laws ‘necessary and proper’ to carry out the federal government’s duties.

what is an example of the way the elastic clause has allowed the federal government to controversially extend their powers?

When the Supreme Court ruled in McCulloch v Maryland that Congress had the power to create a national bank despite with not being an enumerated power under the US constitution.

What are the Supreme Court’s implied powers?

Judicial review, where the Supreme Court can declare acts of congress, actions of the executive, or actions of state governments

which case does the supreme court’s implied power of judicial review come from?

Marbury v Madison where it was the first judicial review of a federal law and deciding what is or is not constitutional

what are reserved powers?

powers not given to the federal government are set aside for the states and people

where is the principle of reserved powers in the constitution?

tenth amendment

what are concurrent powers?

powers possessed by both the state and federal government

what are some examples of concurrent powers? (3)

collecting taxes, building roads, maintaining courts

what is entrenchment?

the application of extra, legal safeguards to the constitution to make it more difficult to amend or abolish it. this is done by the amendment process.

how many amendments have there been thus far?

27 amendments (the first 10 of these form the bill of rights)

where is the amendment process outlined in the constitution?

Article V

what are the requirements for amendments?

need two-thirds majorities in both Houses to propose a constitutional amendment and three quarters of the House of Representatives for ratification

what has the amendment process meant?

no significant amendment has been successfully proposed and ratified since 1992

what is an example of a right in the Bill of rights?

the right to keep and bear arms

what are the reasons why the constitution has rarely been amended? (5)

* the amendment process is deliberately hard
* structural changes to congress and party polarisation has made agreements harder
* the vagueness of the document has made it so it can evolve without formal amendment
* The Supreme Court’s power of judicial review allows it to change the meaning of the words in the constitution which is kinda a form of amendment - allowing it to grow
* Americans are cautious of tampering with their constitution

what are the structural changes to congress and party polarisation? (2 - one for each)

there are a lot more members of congress meaning more people have to agree and the Republicans and Democrats are polarised on most issues

what are the advantages of the amendment process? (4)

* protects the constitution (separation of powers, checks and balances)
* protects states and upholds federalism (by making it harder for people to overturn the states and the constitutional clause about reserved rights)
* requires broad support
* prevents ill thought-out amendments

what did a recent yougov poll show about support for overturning the second amendment (right to bear arms)?

Only 1/4 of Americans support this, but over 50% want more restrictive gun laws. also this 1/4 is an increase from one completed in 2018 which says that 1/5 would like to repeal it.

what are the disadvantages of the amendment process? (3)

* prevents necessary amendment
* goes against the concept of majoritarian democracy and leads to a ‘tyranny of the minority’
* enhances the power of the (unelected) supreme court to make interpretive amendments

what are the foundational ideas at the core of the constitution? (4)

* separation of powers
* checks and balances
* bipartisanship
* federalism

recent example of separation of powers?

Kamala Harris, after being elected vice president, had to resign from the Senate.

How can Obama’s healthcare reform of 2010 demonstrate shared powers between the branches?

1. Both houses of congress has to pass the healthcare reform bill in identical forms
2. the President needed to sign it
3. The Supreme Court, two years later, had to judge on whether or not the law was constitutional and judged that it was.

what are exception to the doctrine of separation of powers? (2)

* the vice president is the president of the Senate and has the casting vote over a tie.
* the president’s power of pardon is a judicial rather than executive power

How many tie breaking votes did Mike Pence have?

13 in his 4 years term in office

What are the checks on the power of the president? (9)

* Congress can amend, block, or reject items of legislation recommended by the president
* Congress can override a presidential veto with a two-thirds majority in both houses
* Congress can reject a budget submitted by the president
* Congress has the power to declare war
* Congress investigates the executive branch
* Congress can impeach the president or other members of the executive branch
* Senate has the power to ratify treaties
* Senate approves the appointment of judges
* The Supreme Court can declare the executive’s actions unconstitutional

how many days of troops control does a president get without Congressional approval?

60 days

What are the checks on Congress’ power? (3)

* President can veto legislation
* President can use executive agreements rather than treaties to negotiate with foreign power without the need for Senate ratification
* The Supreme Court can declare acts of congress unconstitutional

What are the checks on the Supreme Court’s power?

* Congress can propose constitutional amendments to (in effect) overturn a decision of the Supreme Court
* Congress can impeach, trial, and remove members of the judiciary found guilty of misconduct
* Presidential pardon

what type of government has become increasingly common?

a divided government. this was not always the norm.

how can a divided government lead to more effective government? (3)

* Bills are scrutinised more closely
* treaties are checked more carefully
* nominees are checked more rigorously in the confirmation process

how can a divided government lead to less effective government? (3)

* bipartisanship more difficult to achieve so:
* supermajorities are harder to achieve
* laws are harder to pass
* the constitution is not being abided by

what is an example of bipartisanship in recent years?

the CARES Act 2020 about coronavirus

what are the types of federalism? (3)

dual federalism (distinct), cooperative federalism (shared), new federalism (giving more power back to the states - modern federalism)

What are the arguments that the states retain autonomy and sovereignty? (4)

* laws vary across states
* electoral practices vary widely
* autonomy in the handling of national crises
* supreme court rulings support the states over the federal goverment

example of how laws vary between states?

The legal status of marijuana. 23 states have done so and it is quickly rising in popularity - just three weeks ago (as of exam date) Minnesota has legalised weed for those 21 and over. Marijuana is illegal at the federal level but the federal government kinda ignores this

example of how electoral practices vary between states?

they use different modes such as a traditional paper ballot, the mail ballot, and electronic voting

example of autonomy in handling national crises?

covid allowed elected governors to take action as they feel appropriate. 32 state governors issues their own state of emergency before the national state of emergency issued by Trump

examples of supreme court rulings supporting the states over federal government?

US v Texas 2016 found that Obama’s use of an executive order to implement his immigration reform programme to be unconstitutional due to the cost to the states

what are the arguments that federal government is challenging state autonomy? ()

* the states have dependence on federal government
* federal encroachment on state issues
* federal encroachment on state autonomy during national crises
* Supreme Court support federal government over the states

examples of states having dependence on federal government?

although state governors has considerable autonomy in handling the crisis, the states were very dependent on the economic relief package signed in March 2020

example of federal encroachment on state issues

Trump’s policy of building a Mexico border wall was federal and saw 16 states file suits against federal government. However, the Supreme Court allowed Trump to build it.

example of government encroachment on state autonomy during national crisis

The CARES Act was a massive economic relief package which attempted to combat both the public health and economic impacts of the virus

What are some limits on democracy in the original constitution? (5)

* The HoR was to be elected directly by the people but the electorate was limited to white property-owning males aged over 25.
* the number of congressmen allocated to the states was based partly on population, but Black slaves counted as 3/5 of a person in this measure. this has since been changed and more rights for Black Americans provided.
* The Senate was nominated by state legislatures, not directly elected. this was eventually changed to direct election in 1914.
* The president was elected by an Electoral College whose members were appointed by sate legislatures
* The constitution allows each state to draw its own congressional boundaries for the districts of HoR seats (which allows for gerrymandering)

arguments that separation of powers has not worked well

party polarisation was not foreseen by the founding fathers and this has made the system work worse, for example the number of bills passed has reduced from 6-7% in the 1980s to 2-3% now because of bipartisanship.

what is the difference between the judicial reviews of the US and UK supreme courts?

The UK supreme court lacks the power to judge something as unconstitutional - it can only say that a law is ultra vires, as parliament, not the constitution, is sovereign.

what is congress meant to represent? (2)

* the interests of local districts
* the interests of states

what is interesting about congress?

Americans do not like it and think it is unproductive BUT they approve of and consistently reelect their OWN member of congress

how many members are there in the house?

435

how many members of the senate are there?

100 - each state has two senators

how often are elections for both houses? (2)

* the whole house is elected every two years
* 1/3 of the senate is elected every two years

what determines who the senate leader is?

the top senate member of the majority party.

What are the requirements of membership of the senate and the house? (2)

* for the senate, you must be at least 30 years old and must have been a US citizen for at least 9 years
* for the house, you must be at least 25 and have been a US citizen for at least 7 years

example of a president asking congress to introduce laws?

Trump asked congress for a wide range of tax cuts which eventually became the Tax Cuts and Jobs Act

what oversight of the executive branch does congress have?

they vote on the budgets of all the executive departments and agencies of the federal government

where is oversight of the executive branch by Congress?

occurs almost exclusively in committee rooms, the congressional standing committee and select committees.

example of congressional oversight of the executive through congress?

series of investigations were started into Trump following allegations of collusion by the Trump campaign with the Russians in the 2016 presidential election, such as through the House Oversight Committee (as well as other committees). They found that there had been Russian interference in the election but no evidence to link that to Trump

example of congress overriding a presidential veto?

Trump’s legislation was overridden in the National Defense Authorization Act for Fiscal Year 2021

How many presidential vetoes has biden done so far

5

example of congress being unable to override a presidential veto?

The House failed to override President Joe Biden’s veto of a measure to overturn a controversial investment rule

when is the last time congress declared war?

1941 when it declared war on Japan

What are the exclusive powers of the House of Representatives? (3)

* beginning consideration of all money bills (bills raising revenue)
* cringing charges of impeachment
* choosing the president if the electoral college is deadlocked

what are the exclusive powers of the Senate? (4)

* ratifying treaties (by supermajority)
* confirming appointments (to the Supreme Court and to the executive branch, by simple majority)
* trying cases of impeachment
* choosing the vice president is the electoral college is deadlocked

Example of the Senate approving a presidential appointment?

When Justice Ruth Bader Ginsburg died in 2020, they approved Trump’s appointment of Amy Coney Barrett EVEN THOUGH she had a clear conservative outlook

was Trump impeached?

no. he was tried twice but never actually impeached.

How can it be argued that the Senate is more powerful than the House? (5)

* While House members represent only a congressional district, senators represent an entire state.
* Senate members have a six year term and House members have a two year term
* the smaller size of the Senate means that a senator is more likely to gain a leadership position more quickly than a member of the House
* they have many exclusive powers
* the Senate is seen as a launching pad for a presidential campaign or a recruitment pool for vice presidents

what are the functions of Congress?

* representation
* legislation
* oversight

how can it be argued that Congress is not representative of the electorate? (2)

* women are significantly underrrepresented in Congress and they are are considerably more Christian, white, and older.
* they do not represent the views of their constituents

in which house are incumbency rates higher?

In the House of Representatives

what are the reasons for someone being reelected? (4)

* constituency services and name recognition
* pork barrel politics
* fundraising advantage
* gerrymandering

how does constituency services and name recognition help someone be reelected? (2)

one has already had the opportunity to show them what they can do when they are in office AND they have their own website etc so they are known.

how can pork barrel politics help someone to be reelected?

these are the funds provided for projects in a member’s state or district.

How much was spent on pork barrel politics in 2019?

$15.3 billion

example of pork barrel politics?

Arts programme in Washington where $2.8 million was allocated for the National Capital Arts and Cultural Affairs grant programme which funds art and cultural institutions in Washington DC.

How can fundraising advantage help someone be reelected?

Incumbent senators have raised over seven times as much as their challengers during the 2018 election cycle.

how can gerrymandering help someone to be reelected?

shaping congressional districts to give one party a political advantage is up to the state legislatures.

what are the factors affecting voting behaviour in Congress?

* political parties
* congressional caucuses
* the administration
* the constituency
* pressure groups
* lobbyists

how can political parties affect voting behaviour in Congress?

They have party (unity) votes when it is an ideological issue. Parties can threaten some things but it is very limited due to the separation of branches.

examples of members of congress not voting according to their party?

Senator Susan Collins of Maine who is a republican often votes with the Democrats because she is quite liberal

examples of congress voting according to their party?

the Federal Information Systems Safeguard Act 2016 was a vote where only 2 Republicans and 4 Democrats dissented from their party votes. Republicans voted No to the law and Democrats voted Yes.

How can congressional caucuses affect voting behaviour in Congress?

what are the functions of congressional caucuses? (3)

* educational - provide information to members on proposed legislation and may offer policy briefings as well as publishing briefing papers.
* agenda setting - work together to boost the chances of their particular issue going on the congressional legislative agenda
* encouraging support for their proposals in votes on the floor of each chamber

example of educational congressional caucus?

pro-choice caucus

example of agenda setting congressional caucus

they may circulate ‘dear colleague’ letters to drum up support

Example of congressional caucus

Blue Dog Coalition which is a group of mainly southern House Democrats which gives a voice to conservative, moderate, centrist democrats

How can the administration affect the way Congresspeople vote?

White House offers to do favours in return for Congresspeople voting in the way they want

example of administration affecting Congress voting?

Nancy Pelosi, former speaker of the house, played a key role in ensuring concessions were made to get enough voted from the Blue Dog Coalition to pass Obama’s healthcare reform

How does constituency affect congress voting?

the constitution states that they must be residents of the state they represent so this gives them a good understanding of what people in their state or district want. they are also held accountable to this every two/six years.

how do pressure/interest groups affect congress voting?

they make direct contact with members as well as their staff to persuade them to vote a specific way. they will fund those who support their views and defund others. they generate public support for a position. they make visits and phone calls and provide evidence to committees.

how do lobbyists affect congress voting?

these are employed by interest groups and affect congresspeople by going to the lobby and approaching people to try to persuade them to support certain things. they give them accurate, up to date information to people who need it because congresspeople are busy.

what can a filibuster be ended by?

a cloture which is a petition signed by 16 senators and then voted for by at least 3/5 of the entire Senate. They can also be ended by a simple majority for votes on executive and judicial branch nominations.

what is the problem with filibusters?

they are becoming too common. the 110th congress had a record number of 139 cloture motions

important stages of the legislative process? (3)

* committee stage - changes to the bill are made here
* conference committee - discusses what changes are to be made to a bill that is passed differently by both chambers
* floor debate - this is when a filibuster can happen (in the senate)

when is congressional oversight better? (7)

* when the party controlling congress is NOT the same as the President’s party
* when there is less bipartisanship
* when it is about domestic policy rather than foreign policy due to executive agreements
* when it is NOT the end of an election cycle because congresspeople will prioritise how they appear over whether or not they actually support the law.
* when the president has a higher approval rating
* when congress has a higher approval rating
* when there are no national events, when they will just defer to the president