Edexcel Politics Paper 3 USA

Bill of Rights

The first 10 amendments passed in 1791
Protects rights of individuals against the government
Protects state power against federal government

Amendments 1-3

Freedom of religion, speech and press, rights of petition and assembly
Keep and bear arms
No forced quartering of troops

Amendments 4-7

No unreasonable searches or seizures
Right to due process of law, no double jeopardy or self incrimination
Rights of the jury, speedy and public trial, witnesses in defense and attorney
Right to trial by jury in a clear case

Amendments 8-12

No cruel or unusual punishments
Other rights not included in constitution
State rights and powers
Suits against a state (1795)
Election of president and vice president (1804)

Amendments 13-16

Abolition of slavery (1865)
Protects rights against state infringements (defines citizenship, requires due process and equal protection, punishes states for denying votes) (1868)
Voting rights (1870)
Federal income tax (1913)

Constitution timeline 1791-1920

1791: Bill of Rights
1870: amendments 13-15 ratified, 13th ended slavery, provided equal treatment to all citizens regardless of race (14th) and gave people the right to vote regardless of 'race, color or previous servitude' (15th)
1913: 16th amendment gives congress the right to levy federal income tax
1919: 18th amendment prohibits the manufacture/sale of alcohol

Constitution timeline 1921-1970

1920: 19th amendment gave white women the right to vote
1933: 21st amendment repeals the 18th
1951: 22nd amendment limits the president to two terms in office
1967: 25th amendment allows the vice president to assume the office temporarily while a president is unable to fulfil their duties

Affordable Care Act

Obama received a mandate for health care reform in 2008, yet was forced to abandon major aspects of his policy in light of opposition from congress, including democrats
The elected house prevented an elected president from achieving his policies
In 2014 republicans took control of the house and repealed health care, but it was vetoed by obama

Elections create democracy

Free and fair elections
More elections = US citizens vote more than other countries
2 year house terms

Elections do not create democracy

The electoral college is outdated and based on a reluctance to give power to the people

Checks and Balances create democracy

Prevents one person / party / institution from holding all the power
Can prevent corruption
Ensure everyone's interests are considered

Checks and balances do not create democracy

Democrats vote for democratic policies, republicans vote for republican policies
2012, voted for a democratic president who wanted comprehensive immigration reform but when in the house, the speaker blocked debates

Rights Protection creates democracy

The bill of rights and 14th amendment give legal protection to americans
Protect certain powers the people have, giving them the ability to have influence over the government

Rights protection does not create democracy

Shelby ruling has allowed states to created laws that undermine the opportunity for poor/minority voters to participate
If voters choose to vote for politicians with dodgy policies (voter ID) then they should be allowed to carry them out

Enumerated powers

set out clearly

Implied powers

not expressly set down

Courts powers - enumerated

Rule on cases arising under the constitution, the laws of the united states or treaties

Courts powers - Implied

The power of judicial review

Congress' powers - enumerated

Collection of taxes and duties
Borrowing money on behalf of the united states
Organising, training and army a militia
Exclusive powers to legislate matters of the country
Establishing courts that are subordinate to the supreme court
Declaration of war
Amendment of the constitution (shared with the states)
Raise income tax

Congress' powers - implied

The interstate commerce clause
The necessary and proper clause

Necessary and proper clause

congress has the power to make all laws which shall be necessary and proper for carrying into the execution of the foregoing powers

Presidential powers - enumerated

Nominates cabinet members, ambassadors and the judiciary
Heads the executive branch
Vetoes legislation
Grants pardons
Proposes measures to congress

Presidential powers - implied

Commander in chief of the armed forces

Problems due to constitutional vagueness - Constitution could fail to regulate political practise

Vagueness can undermine constitution and supreme court authority as people reject newly established rulings or political practises

Problems due to constitutional vagueness - The supreme court could become too powerful

Vagueness allows individual justices to apply their own ideologies when ruling on a case
Unelected

Problems due to constitutional vagueness - There could be significant conflict

Lack of clarity leads to strong disputes, with each side claiming to base their view is more legitimate, often based on ideologies, leads to further divides

Amendment Proposal

Amendment is proposed by ⅔ vote of each house of congress
Amendment is proposed by a national convention called by congress at the request of ⅔ of state legislators

Ratification Process

Amendment is ratified by ¾ vote of the state legislators
Amendment is ratified by ¾ of the state conventions

Amendment examples

11000 amendment proposals have been introduced since its establishment, with only 33 being accepted and 27 making it pass the states
Only 15 amendments have passed in the last 200 years
Only the 21st amendment (repealing prohibition) was ratified by state conventions

The equal rights amendment

Equality of rights for all genders
Not enough support
Failed to reach number of states 1982

The federal marriage amendment

Define marriage as exclusively men and women
Introduced in 2015 without a congressional vote
Failed to receive votes in both houses in 2015

Advantages of the amendment process - It protects the principles of political processes

Basic democratic ideas - such as elections every 4 years and separation of powers - could be seen as essential principles. Some ideas are completely immune from change, such as the requirement for a republic to be a guaranteed form of government, going further than the entrenchment outlined in article V. However, these principles can be changed when there is broad support, without the need to pass amendments

Advantages of the amendment process - It protects states and upholds federalism

The US has a tradition of respect for states rights, this is ensured through the 10th amendment and the amendment process, as well as the small states receiving equal representation in the senate and electoral college

Advantages of the amendment process - It prevents ill thought through amendments

The amendment process involves several institutions and requires cross party agreement, which prevents short term/irrational thinking entering the constitution

Advantages of the amendment process - It prevents abuse of power

An entrenched constitution stops an individual from one party changing constitutional rules for their own benefit

Disadvantages of the amendment process - It is difficult to incorporate new ideas

Views have changed dramatically since 1787, but it is difficult to make additions that would improve the constitution as it's entrenched. Despite changes in the value of women's rights, the equal rights amendment failed as recently as 1982

Disadvantages of the amendment process - It is difficult to remove outdated aspects

The original document is over 200 years old and US society has changed dramatically. An obvious examples of the is the election of the president, which makes use of the electoral college. The mechanism was established when there was a fear that the people would not make rational choices, and it has left the US with a number of undemocratic problems. The state based system makes it possible for one candidate to get the most popular votes, but for another candidate to win (Trump 2016). In addition, the system over represents smaller states, so people in some states have greater voting power than others

Disadvantages of the amendment process - It gives the Supreme Court excessive power

Entrenchment allows nine unelected judges to have the final say on key issues of institutional power and human rights. Rulings by Supreme Court justices are extraordinarily difficult to overturn, rendering their word final

5 principles to ensure power sharing

Federalism
Separation of powers
Checks and balances
Bipartisanship
Limited government

Federalism

A system of government in which power is shared between a central government and individual states, each having their own specific rights
Citizens are ruled by two governments
Some policies are made at a federal level, by president and congress, and other decisions are made by the state governments

Federalism in states

Each state is like a smaller version of the US, with its own constitution, head of the executive branch (governor), legislature (state congress) and supreme court
Each state is subject to the constitutional rules of the US, but has a huge degree of control over its own affairs
The constitution is particularly unclear on federalism

Progressive federalism

Currently, since 2009, USA has been using progressive federalism, which provides states with greater control over issues previously reserved for the federal government like environmental and consumer protection

Bush federalism

used 2001-2009 which increased federal interference in state issues due to greater national security

The main characteristics of federalism

The power of regional government or states is protected by the constitution
Regional powers are equal
The constitution is vague on where the line between state and federal power lies
In some areas the distinction between regional and federal powers is very clear
Usually, state deals with domestic issues (education, economic policy) abd federal deals with foreign policy and security

State power

Overtime, the power of states has been eroded, since the economic crash of 1929 and Roosevelt's New Deal policies meant huge growth and role of the federal government
Some individual policy areas are controlled and carried out by both the federal and regional government, creating an interdependence where they have to work together
Federal government usually provides resources for policies they would like to see, though these grants come with a criteria, allowing the federal government to restrict states
Otherwise, federal mandates are passed, forcing states to comply
Sometimes, states independently create laws, making conflict with the federal government challenging these laws

Exclusive powers

those reserved for the federal government or the states

Concurrent powers

those shared by the federal government and the states

Exclusive federal powers

Coining money
Regulating interstate and foreign commerce
Regulating the mail
Declaring war
Establishing inferior courts
Conducting foreign affairs
Raising armies

Concurrent powers

taxation
Lawmaking and enforcement
Chartering banks and corporations
Taking land for public use
Establishing courts
Borrowing money

Exclusive state powers

Conducting elections
Providing for public safety, health and welfare
Maintaining militia
Ratifying constitutional amendments
Establishing local governments
Regulating intrastate commerce

Marijuana in America

Recreational use is legal in 9 states and washington DC if 21+
Medical marijuana is legal in 30 states
Oklahoma legalised in june 2018
64% of americans favour legalisation
2017 legal sales of $9.7b
At a federal level, it remains classified as a schedule 1 substance under the controlled substances act

Debates about the extent to which federalism still exists in the US today

States still have the majority of power in certain areas of policy such as health, law and tax ( the amount of sales tax varies in each state)
Some argue that states powers have been eroded away as the federal government has been able to take control of most policy areas and the constitution has been powerless to protect them
There is a specific list of powers for federal government, but very few specific powers given to the state
Instead it says all other powers should go to the states and the people
It doesn't define which powers go to the states

Legal Power Variations

There is a huge variety in state laws - some allow assisted suicide, age people can marry, drive a car, drugs

Political Power Variations

All elections are state based and carried out by state law so there's a variety in how a candidate is chosen, how the polling stations are set up (arizona experimented with online voting)

Regionalism Power Variations

Each region has its own culture, values and identity, with racial, religious and ideological differences, like liberal new york and redneck south

Economic Power Variations

Variety of tax systems - both federal and state taxes - property tax varies between states, sales tax varies between cities

Policy Power Variations

Some states are able to trial new policy ideas, like health care or immigration, from state proposals / initiatives (health care in massachusetts)

Parties Power Variations

Parties are decentralized and state based, texan democrats are more conservative than california

Positives of democracy

Frequent elections, short terms for the house and the separation of powers creates a highly representative government

Negatives of democracy

The power of the supreme court means that the government may be prevented from carrying out policy, leading to ineffective government
The electoral college can produce a government which does not reflect the votes of the people

Postives of civil rights

A powerful supreme court alongside constitutional rights ensures a high level of protection for civil rights

Postives of federalism

The states are well protected, allowing the government to meet the needs of each state

Negatives of federalism

There is insufficient protection of state powers, meaning the federal government dominates policy making

Positives of making laws

The vagueness of the constitution has allowed the government to function effectively by allowing changing political practise to suit the needs of a modern society

Negatives of making laws

Policy making is very difficult - leading to ineffective government in the form of gridlock, partisanship in congress has made this worse
The amendment process prevents necessary change, meaning the government isn't responsive to changes in modern society

Positives of the power of political institutions

Checks and balances ensures that branches work together, preventing tyranny and means that policy is based on compromise
The amendment process prevents politicians from changing the rules and awarding themselves more power

Negatives of the power of political institutions

Vagueness has meant loop holes have been exploited, such as executive orders, which has allowed one branch to dominate the other

Federalism under Trump

Christie v. NCAA 2017 examined whether a federal law that prohibits the modification or repeal of state gambling laws violates the 10th amendment
A state judge blocked Trump's travel ban (judge robart, oct 2017)
Trump withdrew from the paris climate agreement so the states spoke against him and continued with the commitment
Want to enforce federal marijuana laws using the 'elastic' commerce clause (allows congress to make laws it needs to carry out duties)

Separation of Powers

Where the three key bodies of government - legislature, executive and judiciary - each have their own powers, personnel and buildings
The principle behind the separation of powers ensures that a system of checks and balances prevents too much power residing with any one body

Checks and Balances

The division of power between the three branches of government, where each branch has a direct ability to prevent action from another branch
Working alongside the separation of powers, it forces the three branches to share power
The president can propose legislation, but cannot amend legislation, lacking an item line veto

Bipartisanship

Attempts within the structure of the US congress to try to ensure that the two main parties must work together in order to fulfill congressional functions
The constitution requires cross party support through the need for super majorities for amendments and for the senate to ratify treaties

Limited Government

The role of government is limited by checks and balances, and a separation of powers as a bulwark against corruption
The power of the federal government is subject to limitations as laid out in the constitution, so that it cannot simply impose its policy on the state and its citizens
The bill of rights also prevents the federal government from restricting states rights
Amendments such as the 1st and 4th can be seen as limiting government by protecting individual freedoms
Modern conceptions of limited government cover the extent to which federal government plays a role in social and economic policy

Regional power similarities UK/US

Power is divided between regions and central government
There have been attempts to increase regional power recently
In practise, both provide similar protection -
UK devolution is protected by a higher expectation of power
US federalism has been eroded by the Supreme Court

Regional power differences UK/US

Regional power is constitutionally protected in the US
Regional power varies in the UK but not in the US
Higher levels of regional power in the US, with states having more power to determine policy than regions in the UK

How well are the powers of the regions protected under federalism and devolution?

Devolution means that the power of regions is less protected than in federal US
To reduce the power of a region in the UK, commons only requires a 50% +1 vote
Federalism doesn't necessarily give regions greater power than devolution, but simply protects the regional power from the central government
In the US, the federal government and the supreme court have gradually allowed significant erosion of power

After the constitution was agreed in 1787, the states agreed

No longer to print their own money or impose taxes on imports and exports, they could no longer have their own armies
No matter how small a state or how small its population every state had the right to equal representation in the senate
Certain laws particular to each state were recognised however in return each state had to recognise each others state laws and enforce them

Constitution protecting state powers

Powers denied to congress
10th amendment
Amendment process
Limits on state powers - those expressly given to congress

Constitution not protecting state powers

Powers awarded to federal government
14th amendment
16th amendment

Powers denied to congress

Interstate commerce clause implies that states are free to regulate their own internal business policy
Constitutional amendments such as 2nd amendment can prevent the federal government from imposing gun regulations on states
In US v. Lopez 1995, the federally imposed Gun Free School Zones Act 1990 was successfully halted by states that objected it's imposition (first time since Roosevelt that the supreme court found in favour of states rights under the commerce clause

10th amendment

States that any powers not reserved for the federal government should be considered a state power
Printz v. US 1997 the supreme court overturned the Brady Act requirement that state officials must perform background checks on those wishing to buy a gun

Limits to state power

Enumerated powers of the federal government represent areas where states have little/no control, including the power to collect tax and coin money
The 14th amendment applies the standards of the bill of rights to the states, previously it only restricted the federal government
The 16th amendment allowed the expansion of federal power through it right to impose federal income tax

Federal mandates

Are federal laws, in the forms of acts of congress, which impose national standards on the states
These limit state powers because all states are required to comply
The Affordable Care Act 2010, obama's policy requiring everyone to have health insurance, limits states choices in health care
All states are required to set up health exchanges where they can purchase health insurance

Difference between UK and US constitutions - Uncodified/codified

US is, UK isn't

Difference between UK and US constitutions - Number of sources

UK - a wide range of sources covering statute law, common law, conventions, authoritative works and treaties
US - single source, which would give it greater clarity and enable people to appreciate the rules more easily

Difference between UK and US constitutions - Amount of power as an idea

UK - does not have the same power as an idea over individuals and politicians, and it is less apparent what the rules are
US - a better guide to political practise, however, it is still ambiguous, restricting its ability to be effective

Ability of politicians to evade rules

Politicians may be able to evade rules by simply saying they do not apply
The US have had massive transformations without any changes to the constitution, suggesting that it has a weak set of regulations

Separation of powers

UK - Three separate branches of government (executive, legislature and judiciary) but they overlap because the government is formed through a majority
Elections vote for legislation
US - Separation of powers between executive legislature and judiciary - no one can be part of two branches at once
Separate elections for legislature and executive
UK has greater executive dominance
Prime minister must have a majority while presidents often lack a congressional majority

Checks and Balances - UK

Checks and balances between three branches
Parliament have vote of no confidence on government
Unelected HoL cannot reject commons decision
Prime minister has majority

Checks and balances - US

President can propose legislation, veto legislation, nominate to the executive and judiciary and is commander in chief
Congress can propose, amend, pass legislation, declare war
House and senate check executive and each other
UK's fusion of power limits the effectiveness of checks and balances due to executive dominance of legislature, unlike the US

Regional Power

UK - Regional power in the form of devolution
Different regions have different levels of power
US - Regional power created through federalism
Power of states cannot be reduced without a 75% vote and consent of regional power
UK power of regions less protected
UK regions have less power than US

Location of Sovereignty

UK - Parliamentary sovereignty
Constitution is amended with 50%+1 vote
US - Constitutional sovereignty, upheld by supreme court
Constitution is entrenched so requires house, senate and state supermajority
UK supreme court is weaker than US because constitution isn't codified so laws can't be declared unconstitutional

Rights Protection

UK - protection through Human Rights Act 1998 and membership of ECHR, joined in 1951
US - Protection through constitutionally entrenched rights, particularly bill of rights and 14th amendments
Despite a lower level of structural protection, the UK has a relatively high level of rights protection, unlike low concern for minority rights in US

Amendment Process

UK - Easily changed with a 50%+1 vote in commons
US - Constitution is entrenched and difficult to change
UK, any judicial interpretation can be overturned by an act of parliament, US needs 3 supermajorities

The President - Formal powers

Veto
Executive orders
Nominations
Recommendations
Commander in chief
Head of state
Head of government

Informal resources

Staff in the executive branch
Party ties
Mass media
International contacts
The 'bully pulpit' (president's office - great place to advocate for policy)

Head of state

The constitution confers specific powers on the president;
He is commander in chief of the armed service (but cannot declare war)
He proposes and signs treaties with other countries (although they need to be ratified by the senate)
He is in charge of public relations with other countries
He has the power to issue a pardon to anyone convicted of a crime
These duties are carried out in most countries by the Head of State, so the president carries this title, although this is not specified in the constitution

Propose legislation

Gives the president the power to propose legislation at any time
Can propose through state of the union (once a year), calling a press conference, or an announcement at a public event
Obama used his state of the union address to promote help for small business', infrastructure building projects, financial reform, etc

Submit the annual budget

The office of management and budget (OMB) draws up the annual federal budget for the president
The OMB is part of the executive office of the president (EXOP)
The president submits the budgets to congress
Congress debates the budget

Sign legislation

Once they have been passed through congress, bills land on the president's desk, and he has a number of options
He will sign a bill to take credit through elaborate bill signing ceremonies, attended by supportive congress members
At the white house for the Patient Protection and Affordable Care Act in march 2010, obama invited democrat leaders and the widow of Edward Kennedy, a senator who had made health care reform his goal

Veto legislation

The regular veto is used as a threat and a bargaining tool
From washington to w bush, presidents have used just under 1500 regular vetoes
Congress may override them but are often unsuccessful
W bush's 63% success rate is the 3rd lowest ever
Pocket vetoes are used at the end of congressional sessions and cannot be overridden
h w bush used 15 and w bush and clinton used one each