US evidence

What percentage of the 118th Congress is made up of racial and ethnic minorities?

25% of Congress, with 133 lawmakers identifying as Black, Hispanic, Asian American, American Indian, Alaska Native, or multiracial

How many women serve in the 118th Congress?

153 women serve, accounting for 28% of all members

What was the first state to elect an openly LGBTQ+ representative to Congress?

Vermont elected Becca Balint, the first woman and openly LGBTQ+ person elected to Congress from the state

How many Millennial members are currently in the House of Representatives?

52 members of the House, or 12%, are Millennials

What was the share of Baby Boomers in the House of Representatives in 2023?

Baby Boomers, aged 59 to 77, make up 45% of the House's voting membership

What is the average age of a member of Congress in 2023?

The average age is 58 years old

What percentage of Congress identifies as Christian?

88% of congressional members identify as Christian, compared to 63% of U.S. adults

What was the result of gerrymandering in North Carolina in 2023?

The ratio of seats in control by Republicans and Democrats increased from 7:7 to 11:3 in favour of Republicans

What happened in the Border Wall Funding Battles (2018-2019)?

The Democratic-controlled House used its spending power to deny funding for Trump's proposed border wall, leading to a 35-day government shutdown

What is the approval rating of Congress in 2019-2020, compared to Trump's approval rating?

Congress's approval rating was 18%, while Trump's approval rating was 41%

What are some examples of Congress exercising its oversight on the executive?

Examples include the House Homeland Security Committee investigating ISIS and the refusal of the Senate Judiciary Committee to hold hearings on Merrick Garland's Supreme Court nomination

How many presidents have been impeached by the House of Representatives?

3 presidents have been impeached, including Donald Trump twice (2019 and 2020), but all were acquitted by the Senate

How many times has Congress passed a constitutional amendment to check the judiciary's power?

26 constitutional amendments have been passed, including the 14th amendment overturning the Dred Scott decision

How many district judges have been impeached by the House of Representatives?

9 district judges have been impeached, with the most recent being Thomas Porteous in 2010 for accepting bribes

What period saw significant expansion of the federal government through legislation, with bipartisan cooperation in Congress?

1933 to around 1980

What were some key pieces of legislation passed from 1933 to 1980 that expanded the role of the federal government?

Civil Rights Act (1964), Voting Rights Act (1965), Medicare and Medicaid Act (1965), Housing and Urban Development Act (1965)

What percentage of proposed bills pass in modern Congress?

Only 2-3%

What was a major result of the ideological polarisation in Congress since the 1980s?

A decrease in bipartisan cooperation, with parties often refusing to cooperate on key legislation (e.g., Republicans with Obama’s healthcare reforms, Democrats with Trump’s tax reforms)

What happened with Obama's Supreme Court nominee Merrick Garland in 2016?

The Senate refused to consider his nomination, highlighting the politicisation of presidential appointments

What was the War Powers Act (1973), and what did it aim to do?

It aimed to limit the president’s power to wage war unilaterally, requiring the president to inform Congress of military actions within 48 hours and allowing military operations for up to 90 days without Congress's approval

What was the outcome of the War Powers Act in terms of limiting presidential war powers?

It has had limited effect, with presidents like Trump continuing military actions, such as airstrikes, without full Congressional approval

What percentage of Representatives are re-elected in Congress?

94.5% of Representatives are re-elected

What is the primary reason for the high re-election rates of Senators (100%) and Representatives (94.5%)?

Incumbents benefit from name recognition, pork barrel politics, and often have established networks of support, including from media

Which two U.S. presidents were impeached in the last 32 years?

Bill Clinton (Monica Lewinsky scandal) and Donald Trump (Russian interference and Ukraine scandal)

How many impeachments has Congress carried out in the last 32 years?

3 impeachments (two for Trump, one for Clinton)

How does bicameralism affect party leadership in Congress?

Party leaders in the House and Senate operate independently and may not share the same ideas, as seen with Mike Johnson (House speaker) and Chuck Schumer (Senate majority leader)

Example of vagueness in the US Constitution

Article I gives Congress power “to provide for the common defence and general welfare” and to make laws “necessary and proper” — interpreted broadly in McCulloch v. Maryland (1819)

Example of specificity in the US Constitution

Article I explicitly gives Congress power “to collect taxes” and “name post offices”

Case using commerce clause to justify civil rights legislation

Heart of Atlanta Motel v. United States (1964) upheld Civil Rights Act using Article I commerce clause

Case limiting use of the commerce clause

United States v. Lopez (1995) struck down Gun-Free School Zones Act — not sufficiently linked to interstate commerce

Example of entrenched amendment process protecting rights

Trump couldn’t revoke birthright citizenship due to 14th Amendment protection

Example of amendment process preventing populism

Bush denied line-item veto power in 2006

Flaw in amendment process: overrepresentation of small states

Wyoming (580k) has equal say as California (40M) in amendment ratification

Example of difficult constitutional reform

Equal Rights Amendment passed Congress in 1972 but failed to get ratified by ¾ of states

Example of undemocratic amendment process

Flag protection amendment had >50% public support but blocked due to failure to meet supermajority of states

Real-world example of bipartisanship in Congress

Trump’s NDAA veto overridden in Jan 2021 with 81–13 Senate vote

Bipartisan Rhetoric vs Action example

Ted Cruz called 2013 shutdown bill “bipartisan” despite no Democratic support

Example of partisanship causing gridlock

37-day government shutdown (Dec 2018–Jan 2019) over Trump’s wall funding

Example of bipartisan reform post-2020 election

Electoral Reform Act 2022 clarified VP’s ceremonial role in vote count — response to Trump/Pence pressure

Example of limited government in legislative success rate

Only ~3% of bills make it to the president

Example of state autonomy and judicial independence

Federal judge struck down Florida’s transgender healthcare restrictions — protecting positive freedom

Example of bills dying in committee

27th Amendment took over 200 years — originally proposed 1789, passed 1992

Key separation of powers mechanism: fixed terms

Article I–III: Congress, President, and Judiciary have different election cycles and life tenure to protect independence

Example of checks and balances in SCOTUS appointments

Senate Judiciary Committee refused to hear Obama’s nominee Merrick Garland in 2016

Example of judicial review striking down legislation

Citizens United v. FEC (2010) struck down McCain-Feingold Act → allowed unlimited corporate PAC donations

Case supporting state challenge to federal executive power

state courts blocked parts of Trump’s Travel Ban

Case enabling state-level abortion bans

Dobbs v. Jackson overturned Roe v. Wade — returned abortion law to states

Example of state divergence in law due to federalism

Colorado legalised cannabis (2014); Kansas still criminalises it

Example of state autonomy in environmental policy

California implemented pollution permits in 2008

Key clause protecting state autonomy

10th Amendment reserves unspecified powers to the states

Example of federalism protecting political pluralism

In 2012, Florida, NM, Illinois, Iowa, Wisconsin had Republican governors but voted Democrat for President

Example of New Federalism decentralisation

Reagan used block grants with limited federal oversight to promote state control

Example of federal power via commerce clause

ACA used commerce clause to require individuals to purchase insurance or pay a fine

Example of federal mandates overriding states

Clean Air Act, Clean Water Act, and No Child Left Behind impose federal standards on states

Example of federal grant conditions limiting state power

Real ID Act (2005) tied federal grants to compliance with national ID standards

Example of Congress leading in crisis

CARES Act 2020, Bicameral Budget Act 2013, Dodd-Frank 2008 show federal leadership in emergencies

Supreme Court ruling undermining state sovereignty

Obergefell v. Hodges (2015) legalised same-sex marriage nationwide

Case showing limits of state power in elections

Colorado/Maine attempt to remove Trump from 2024 ballot was overruled

What article of the US Constitution outlines formal presidential powers?

Article II

Power to appoint Supreme Court Justices example?

Biden nominated Ketanji Brown Jackson in 2022 to replace Stephen Breyer

Example of a president significantly shifting SCOTUS ideology

Trump appointed 3 justices (Gorsuch, Kavanaugh, Barrett), shifting Court to 6-3 conservative majority

Example of presidential veto use under Biden

2023: Vetoed Comprehensive Policing and Justice Reform Amendment Act

Number of vetoes: Trump, Biden, Obama

Trump: 10 (1 overridden), Biden: 13 (none), Obama: 12 (1 overridden)

Example of president as chief diplomat

Biden rejoined Paris Agreement (Jan 2021); proposed Gaza-Israel ceasefire (June 2024)

Example of presidential pardon power

Biden pardoned 6,500 for marijuana possession (2022); Trump pardoned 237 total

Example of pre-emptive pardons under Biden

Pardoned Fauci, Jan 6 panel members to protect from Trump retaliation

Treaty-making example

2010: Obama signed New START Treaty with Russia, ratified in 2011

Biden’s use of executive orders in first 100 days

Signed 60+, 24 reversed Trump policies (e.g., travel ban, border wall, mask mandate)

Example of national events increasing presidential power

9/11 gave Bush bipartisan support to launch War on Terror

Example of persuasion power – Clinton

Clinton passed 86.4% of supported legislation with united Congress vs. 36.2% with divided gov

Example of persuasion power – Obama

2010 address on gay rights led to repeal of ‘Don’t Ask, Don’t Tell’ in 2011

Example of presidential use of social media for influence

Trump used Twitter to encourage Capitol rioters to “show strength”

Trump and Congress: example of gridlock

2018 Democrats took House → gridlock on Trump policies

Example of united government success

2016 Trump + Republican Congress passed major tax cuts

2013 government shutdown under Obama: cause?

Republican House wouldn’t debate immigration bill or approve budget

Why was Trump impeached in 2019?

Abuse of power (Ukraine scandal) & obstruction of Congress

Example of Congress overturning a presidential veto

2016: Justice Against Sponsors of Terrorism Act (Obama)

Example of unilateral foreign action by Obama

Ordered Bin Laden drone strike without congressional approval

War Powers Resolution (1973) constraint

President must notify Congress if military action lasts over 60 days

Example of veto in foreign policy

Trump vetoed Iran War Powers Resolution (2020)

Example of SCOTUS independence

Chief Justice Roberts voted with liberals in NFIB v. Sebelius

Trump’s first executive order (2017)

Travel ban on 7 Muslim-majority countries; upheld by SCOTUS

Trump’s use of veto in foreign policy

Vetoed bipartisan Iran War Powers Resolution (2020)

Example of SCOTUS checking executive power

Trump’s Travel Ban blocked on 5th Amendment grounds

Example of Senate blocking nomination

2016: Mitch McConnell blocked Obama’s SCOTUS nominee Merrick Garland

What constitutional article outlines protections for US Supreme Court Justices’ tenure and salary?

Article III – guarantees life tenure and protects salary from being reduced, preserving judicial independence

Structural factor reinforcing SCOTUS independence since 1869

Court composition has remained at 9 justices since 1869, preventing court-packing

Example of SCOTUS justices going against the ideology of their appointing president

Some justices have “disappointed” their patrons by voting contrary to expectations (e.g., Roberts as swing vote)

Case establishing judicial review

Marbury v. Madison (1803) – empowered SCOTUS to review and invalidate laws

Example of SCOTUS nominee rejected for lack of judicial experience

Harriet Miers (2005), rejected despite being Bush’s advisor, due to no prior judicial experience

SCOTUS justice rated “well-qualified” by ABA in 2022

Ketanji Brown Jackson – endorsed by the ABA

Example of politicisation of the SCOTUS confirmation process

Merrick Garland (Obama nominee) denied hearing by Senate Republicans

Example of partisan divide in SCOTUS confirmation hearings

Kavanaugh (2018) – 32+ hour hearing, 50-48 confirmation vote, intense scrutiny and accusations

Example of originalist justice overturning liberal precedent

Dobbs v. Jackson (2022) overturned Roe v. Wade (1973) – power over abortion returned to states

Example of liberal interpretation leading to federal action

Obergefell v. Hodges (2015) – legalized same-sex marriage federally

Example of social background influencing nomination

Ketanji Brown Jackson (Black woman) appointed by Biden; seen as appealing to Black voters

Youngest current justice at time of confirmation

Clarence Thomas – confirmed at age 43 (1991)

Case where SCOTUS upheld Congress’s power to tax under ACA

NFIB v. Sebelius (2012) – upheld individual mandate as a tax

Case legalising same-sex marriage

Obergefell v. Hodges (2015) – based on 14th Amendment due process and equal protection

which SCOTUS ruling was overturned in 2022?

Roe v. Wade overturned by Dobbs v. Jackson (2022)