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Evaluate the extent to which the principles of the US Constitution are upheld in the 21st Century. Factor 1: Federalism
In 2021, 19 states passed laws to restrict voting rights while 25 states passed laws to expand voting rights. The power to control how elections are run belongs to the states based on Article I of the constitution.
During Covid 19, each state had its own response to the pandemic, including various vaccine rules, mask rules and lockdowns.
Supreme Court rulings are binding on states too and in the case of Obergefell v Hodges, same sex marriage was legalised in all states, including 13 states in which it had been illegal before this ruling.
Evaluate the extent to which the principles of the US Constitution are upheld in the 21st Century. Factor 2: Checks and Balances
President Biden tried to pass his Build Back Better agenda, which he managed to pass his Rescue Plan and part of the Jobs Plan in the Infrastructure and Jobs Plan. However, did not get the American Families Plan passed.
George W. Bush had 4 of 12 vetoes overridden.
In President Biden’s first 100 days, he passed 64 executive orders, 24 of which directly reversed executive orders of Trump.
Evaluate the extent to which the principles of the US Constitution are upheld in the 21st Century. Factor 3: separation of powers
Kamala Harris had to leave her seat in the Senate to take up her role in the executive branch.
The Paris Agreement on climate change has not been put before the Senate despite Obama signing the USA up to the agreement, Trump pulling the USA out and then Biden bringing the USA back in again.
The president can nominate Justice that reflect their view such as Trump nominating Justice Barrett who was conservative
Evaluate the view that federalism doesn't work. Factor 1: citizens’ rights
States such as Alaska allow citizens to get a learner’s permit for driving at age 14, while in Massachusetts a citizen must be 16 to gain a learner’s permit.
Today, 15 states have legalised or decriminalised recreational marijuana in their state, and 33 states plus Washington DC have legalised or decriminalised the use of medical marijuana.
Equally, cases such as Arizona v United States even challenged the powers of Arizona v United States even challenged the powers of Arizona when enforcing a federal law
Evaluate the view that federalism doesn't work. Factor 2: Criminal Punishment
The Supreme Court has put numerous restrictions on the death penalty on the use of the death penalty while upholding the punishment such as in Kennedy v Louisiana.
Currently, 27 states allow the death penalty. Between them they use five different methods of execution, and each state does not use them all.
Also, in Virginia, Iowa and Kentucky a convicted felon does not necessarily regain their right to vote upon release from prison
Evaluate the view that federalism doesn't work. Factor 3: Electoral regulation
Article I allows states to run their own elections. This has resulted in huge variations in electoral practice, most notably leading to the controversy over the 2000 presidential election.
States could gerrymandering which has happen in Texas and California in 2025.
In 2021, Biden pushed Congress to pass the John Lewis Voting Rights Act to protect the right to vote nationally
Evaluate the extent to which the Senate and House of Representatives are co-equal chambers. Factor 1: domestic policy
Both can create legislation and introduce to Congress. They could also reject or accept the bill such as Democratic Senators Manchin and Sinema and some democrats in the House to parts of Biden Build Back Better Plan.
Both Houses can override a presidents veto with a supermajority in both chambers. In 2020, Congress overrode President Trump’s veto of the National Defence Authorization Act with a 81-13 vote in the Senate and 322-87 vote in the House.
The House of Representatives alone can bring in appropriations bills. Such as in 2018 Trump wanted to cut the EPA budget by a third and house republicans cut it by just 6%
Evaluate the extent to which the Senate and House of Representatives are co-equal chambers. Factor 2: foreign policy
With the agreement of both houses, Congress has the power to formally declare war on another nation. Last used to declare war on Romania in 1942.
In the Senate, can approve or reject a treaty such as in 2012, rejecting the UN Convention on the Rights of Persons with Disabilities
Evaluate the extent to which the Senate and House of Representatives are co-equal chambers. Factor 3: oversight
In the House of Representatives, they bring the charges of impeachment against a president such as incitement of insurrection by Trump in 2021.
In the Senate, they try the case of impeachments needing a two thirds majority to vote guilty.
The senate has confirm appointments made by the president to positions of power such a Supreme Court justice like Ketanji Brown Jackson.
Evaluate the extent to which public opinion is the factor which most impacts on voting behaviour within Congress. Factor 1: public/constituency
As part of the Brady amendments to the Tax Cuts and Jobs Act 2018, copyrighted songs were defined as a capital investment and subjected to a lower tax rate. The request was made by Representative Diana Black, whose district covered parts of Nashville.
Cantor lost the Republican primary in 2014 as he was seen as not conservative enough and not vocal enough in opposition to Obama.
In February 2021, Texas faced some of the harshest storms it had seen while Texas Senator Ted Cruz was on holiday
Evaluate the extent to which public opinion is the factor which most impacts on voting behaviour within Congress. Factor 2: Party
American Rescue Plan Act 2021 saw all Democrats in favour and Republicans opposed.
The “One Big Beautiful Bill Act” 2025 had all Democrats vote against the measure whereas all republicans voted in favour of it.
Trump’s first impeachment trial only one Republican voted guilty which was Senator Romney of Utah becoming the first senator in US history to vote to convict a president from his own party
Evaluate the extent to which public opinion is the factor which most impacts on voting behaviour within Congress. Factor 3: Lobbyists
Internet Privacy Regulations 2017- this was heavily lobbied by Internet Service Providers which managed to stop privacy restrictions be passed in March 2017.
Medical Prescription Drug, Improvement, and Modernisation Act 2003 was lobbied by Medicare Part D. The bill was passed with very few issues.
Keystone XL pipeline Approval was rejected by Obama in 2016 after lobbying by TransCanada
Evaluate the extent to which a president can shape the agenda. Factor 1: Power to persuade
President Obama used his platform to call for gun control after the San Bernardino shooting in 2015.
In trying to get his tax bill passed, President Trump sent aide Kellyanne Conway to speak to whips in Congress.
Obama did a speech in the Rose Garden of 2013 when he tried to take military action however, it did not convince Congress
Evaluate the extent to which a president can shape the agenda. Factor 2: State of the Union
Biden had a successful State of Union when he called for support for Ukraine which he got when $13.6 billion pledged within the $1.5 trillion spending bill.
Bush asked in 2003 healthcare reform was a success when reform was signed, making prescriptions more affordable.
Obama failed his calls for immigration reform in 2016 which did not work as Obama relied on executive actions instead of Congress.
Evaluate the extent to which a president can shape the agenda. Factor 3: relationship with Congress
The antagonistic relationship between the Trump government and Congress was due due to his Trump veto threats, attacks on congressional failure to repeal Obamacare and pressure to confirm Brett Kavanaugh.
Republican Senators refused to hold hearings for Merrick Garland which was unprecedented.
In the aftermath of the September 11, 2001 attacks, Congress and the Bush administration established an independent, bipartisan commission to investigate and provide recommendations, demonstrating cooperation during a national crisis
Evaluate the extent to which the theory of the ‘imperial presidency’ explains presidential power. Factor 1: domestic politics
Executive orders give federal departments and agencies regarding the enforcement of legislation. Trump signed executive orders which removed federal subsidies underpinning Obamacare.
Executive memoranda are like executive orders. The Obama 2012 memorandum Deferred Action for Childhood Arrivals came from the department of Homeland Security.
Trump used his veto on the National Defence Authorization Act however it was overridden by Congress
Evaluate the extent to which the theory of the ‘imperial presidency’ explains presidential power. Factor 2: foreign affairs
2015 Paris Agreement did not need a Senate vote as it was an executive agreement.
On the 14th September 2001, Congress passes the Authorization for Use of Military Force Against Terrorist which granted the President the right to use all necessary and appropriate force against those who planned 9/11.
Obama 2010 New START treaty passed through Congress 71-26
Evaluate the extent to which the theory of the ‘imperial presidency’ explains presidential power. Factor 3: relation between branches
The antagonistic relationship between the Trump government and Congress was due due to his Trump veto threats, attacks on congressional failure to repeal Obamacare and pressure to confirm Brett Kavanaugh.
Obama openly criticised the Supreme Court in his 2010 State of Union address arguing that the Supreme Court made the wrong decision in Citizens United v Federal Elections Commission.
In the aftermath of the September 11, 2001 attacks, Congress and the Bush administration established an independent, bipartisan commission to investigate and provide recommendations, demonstrating cooperation during a national crisis.