Politics Component 3 - USA

Define entrenchment

A system by which the US Constitution is protected from change by law; in this case, by the Amendment Process of Article V.

What are the key principles of the US Constitution?

- The separation of powers

- Checks and balances

- Bipartisanship

- Federalism

- Limited government

What is the Separation of Powers in the US Constitution?

The idea that independent, co-equal powers should check the powers of the other branches to prevent tyranny.

No person could be in more than one branch of the federal government ('the ineligibility clause' of Article I). This was demonstrated when Senator Kamala Harris was elected VP in 2020 and thus had to resign from the Senate.

However, more like 'shared powers' from separate institutions.

What are the two key exceptions to the rule of the separation of powers?

The VP is the president of the Senate with the power to preside over the Senate and have the casting vote in a tie.

P's power of pardon is a judicial rather than executive power.

How many tie-braking votes did VP Mike Pence cast in his 4-year term in office?

13

What are checks and balances in the US Constitution?

Gives each branch of the federal government the means partially to control the power of the other branches, largely to resist encroachments on its own powers and to maintain a democratic government.

What are the major (formal) checks the President has over the other branches?

1) Can check Congress by vetoing a bill it has passed

2) Can check the federal courts by nominating judges and by the power of pardon

What are the major (formal) checks Congress has over the other branches?

1) Can check the president by:

- overriding the president's veto (with difficult

supermajority)

- the power of the purse

- using impeachment and trial powers to remove the

president from office

- amending/ delaying/ rejecting the president's legislative

proposals

- refusing to approve the president's appointments (Senate

only)

2) Can check the federal courts by:

- proposing constitutional amendments to overturn a

judicial decision

- refusing to approve a person nominated to the federal

courts (Senate only)

What are the major (formal) checks the Judiciary has over the other branches?

1) Can check Congress by declaring a law unconstitutional

2) Can check the president by declaring the president's actions - or the actions of any of the president's subordinates - unconstitutional

How can the U.S. Constitution be amended?

Proposal: 2/3 of Congress can propose an amendment, or 2/3 of the states in a state convention.

Ratification: by 3/4 of the states or the legislature depending on if Congress or the states proposed it.

How many amendments have there been in total, and how many have been suggested since 1787?

27, with 10 in the Bill of Rights (1791)

12,000 suggested

How many amendments have gone to the states for ratification, and how many have the states ratified? What does this mean as a result?

33 and 27

Thus, once an amendment has been successfully proposed by Congress, it stands a good change of finding its way into the Constitution.

When was the last amendment passed?

1992

What are two examples of informal constitutional amendments?

The vagueness of the Constitution (e.g. the commerce clause) can be expansively interpreted by Congress to expand federal powers.

The SC can make 'interpretative amendments' rather than formal amendments.

What are the advantages of the formal amendment process?

It protects the Constitution.

It protects states and upholds federalism.

It means amendments require broad and countrywide support.

It prevents ill-thought-out amendments. (However, 18th amendment counter, although this is only example.)

What are the disadvantages of the formal amendment process?

It is difficult to amend outdated provisions or to incorporate new ideas: e.g. changing the Electoral College

Goes against the concept of majoritarian democracy - supermajorities undemocratic in terms of modern concept of majoritarian democracy.

It enhances the power of the (unelected) SC to make interpretative amendments: e.g. Roe v Wade.

States with small populations have too much influence: e.g. smallest 13 states could in theory block amendment (unlikely) - 5% in theory could block.

What is an example of the amendment process going against the concept of majoritarian democracy?

The equal rights amendment was approved in Congress but was blocked by only 13 conservative states - example of 'tyranny of the minority'.

How did President Trump describe the checks and balances of the Constitution?

As 'archaic'.

What is the 1st amendment?

Freedom of speech, assembly, religion etc.

What is the 2nd amendment?

The right to bear arms

What is the 4th amendment?

Protection from unreasonable searches and seizures

What is the 5th amendment?

The right to remain silent

What is the 8th amendment?

Protection from cruel and unusual punishments

What is the 10th amendment?

Undelegated powers reserved to the States or to the People

What is the 19th Amendment?

Gave women the right to vote

What is the 26th Amendment?

Lowered the voting age to 18

What is the only amendment that repealed another amendment?

The 21st amendment repealed the 18th amendment that banned the sale of alcohol.

What is an example shared powers?

For the Affordable Care Act (Obamacare) to become, and remain, law, all three branches of government had to agree, for each of them has shared power.

When did the Affordable Care Act (Obamacare) passed?

March 2010

What was the No Child Left Behind Act (2001) and how was it an example of bipartisanship?

A law that held schools accountable for how kids learned and achieved. Aimed to specifically help disadvantaged children.

The act passed easily through the House and Senate. President George W. Bush worked with leading congressional Democrats such as Senator Edward Kennedy.

What are the main Federal powers?

- Creating and maintaining armed forces

- Coining money

- Declaring war

- Regulating foreign and interstate commerce (Commerce clause)

- Making laws 'necessary and proper' to achieve their constitutional powers

What are the main State government powers?

- Regulating elections

- Assuming powers not listed in the Constitution (10th Amendment), e.g. regulating schools; issuing licenses and intrastate commerce

What are the main concurrent powers?

- Making constitutional amendments

- Making and enforcing laws

- Levying taxes

- Establishing courts

How many pieces of legislation were passed by Congress in 2023?

Only 20 - a very low number.

What are the arguments that the USA is still a federal nation?

Amendment process: states still hold constitutional power

Legislation: many laws are decided and enforced individually by the states (e.g. legislation of cannabis for recreational use in California in 2016)

10th Amendment: When a power is not explicitly awarded to the federal government, it is a state power

What are the arguments that the USA is no longer a federal nation?

Federal mandates and fiscal power: The federal government provides about a quarter of state funding (federal aid) and can issue mandates about how the funding can be spent (e.g. medicaid).

Interstate Commerce Clause expansion: Grants Congress the power to regulate commerce "among the several states." Over time, the interpretation of this clause has expanded significantly, granting the federal government authority in areas that were traditionally considered state matters. E.g. Obamacare

Homeland Security and National Defence: In the wake of the 9/11 attacks, the federal government significantly expanded its role in homeland security and national defence, often at the expense of state and local governments. The creation of the DHS and the increasing militarization of law enforcement are seen as centralizing forces. (However, SC blocked Biden's vaccine-or-test bill).

Why was the 26th Amendment important?

It overturned the ruling of Oregon V Mitchell (1970), which had said Congress could set voting age limits only for federal, not state, elections.

Highlights check on the SC's power, as constitutional amendments can be used by congress to overturn their decisions.

How is federalism and devolution similar?

The states rely on federal grants to supplement their budget, and the four nations that make up the UK are also reliant on money from central government.

Both the federal government in the USA and the central government in the UK maintain a degree of supremacy over the states and devolved regions respectively.

Both the states and devolved regions have notable differences in legislation as compared to other parts their countries.

How is federalism and devolution different?

The states have more autonomy on both legislation and criminal punishments than the regions of the UK, which are subject to more centralised laws and criminal justice.

The sovereignty of the states is entrenched in the US Constitution. In the UK sovereignty resides with Parliament, so technically the devolved assemblies are dependent on Parliament for their existence.

US states frequently challenge the US federal government in the SC and are often successful. UK devolved bodies have limited recourse to appeal to the SC.

In US Constitution, any powers that aren't specified are assumed (10th A), but in the UK devolved govs. cede power to the centralized government. (e.g. UK govt. veto of Gender Recognition Act Reform).

What are the requirements to become a Senator in the US?

At least 30 years old, have been a US citizen for at least 9 years.

What are the requirements to become a representative?

At least 25 years old, have been a US citizen for at least 7 years.

How many House members does California have?

52 to represent its population of 40 million.

How many states have only one member of the House?

7

What are the main concurrent powers of Congress?

- The creation of legislation

- Initiating constitutional amendments

- Declaring war (less important)

- Confirming an appointed VP

- Overriding the President's veto

What are the exclusive powers of the House?

- Beginning consideration of all money bills

- Bringing charges of impeachment

- Choosing the president if the Electoral College is deadlocked

What are the exclusive powers of the Senate?

- To ratify treaties

- Confirming executive appointments

- Trying cases of impeachment

- Choosing the VP if the Electoral College is deadlocked

In the last 50 years, roughly what % of incumbents have been re-elected?

Over 80%, this is closer to 90% in the last 20 years.

What happened in the 2022 Senate elections?

Each of the 29 Senate incumbents won their re-election attempts.

In the 2018 election cycle, how much more did House incumbents raise than their challengers in fundraising?

eight-fold

What % of the 118th Congress is female?

Around a quarter.

What is the average age of Congress and the average age of a US citizen?

58 years. This has dropped by one year since 2019.

The average age of a US citizen is 38.

What are the arguments for and against the 118th Congress being racially diverse?

The 118th Congress is the most racially diverse in history - 25% are non-white Americans.

However, this is still much lower than what it is in America - around 40% are non-white. Still fundamentally unrepresentative.

How many times has the House elected a President when nobody received more than 50% of the EC votes, an when were these?

Twice. 1800 and 1824.

What was the SC ruling: Gonzalez v Raich (2005) and what is this an example of?

The Supreme Court rule (6-3) that under the Commerce Clause, Congress is able to criminalise the production and use of homegrown cannabis, even if state law allows its use for medicinal purposes.

The interpretative expansion of Federal supremacy over state concerns.

Which SC ruling struck down affirmative action?

SSFA V Harvard and SSFA V UNC (2023)

In 2020, how much did the NRA donate to aid the campaigns of pro gun senators?

$2.2 million

What is an example of bipartisanship in Congress that goes against Donald Trump?

In October 2023 a large bipartisan coalition in both chambers of Congress has beat back the House Maga Republicans' attempt to shut down the government.

Prevented a government shutdown.

HOWEVER, Speaker McCarthy was ousted days later by 8 Republicans and Democrats.

What is pork barrel legislation?

Appropriations made by legislative bodies for local projects that are often not needed but that are created so that local representatives can win re-election in their home districts

What is an example of pork barrel legislation?

The 'Big Dig Highway' project in Boston. Moved 3.5 miles of highway underground. Cost five times more than the $3billion it was estimated to build. Funding secured by Then-Speaker of the House Tip O'Neill, of Massachusetts.

What is an example of low turnout in Congress?

In the 2014 midterms, turnout was 36.4%

What are some examples of Congress representing a wide range of ideologies?

Within the Republicans, there are libertarians such as Rand Paul, moderates such as Susan Collins, and Tea Party members such as Ted Cruz.

What are the three main functions of Congressional Caucuses?

Educational: Provide information to members on proposed legislation. Many are single-issue. E.g. LGBTQ+ Equality Caucus.

Agenda Setting: Caucus members may work together to boost chances of their particular issue getting onto the congressional legislative agenda. E.g. by circulating 'Dear Colleague' letters to drum up support, meeting with party leadership.

Encouraging support: for their proposals in votes on the floor of each chamber.

How many people are in the Congressional Black Caucus?

Over 50.

What is an example of the House Freedom Caucus's influence?

Important in forcing the Speaker of the House John Boehner to resign in 2015, and withheld their support for the frontrunner Kevin McCarthy, who then dropped out of the race.

Also important in rejecting the American Health Care Act in 2017 - because without support from the Freedom Caucus it did not have enough votes to pass.

Who was the most recent Supreme Court Justice to be appointed, and which Caucus fought to get them approved?

Ketanji Brown Jackson in 2022.

Congressional Black Caucus.

What % of bills that were introduced were enacted into law during the 116th Congress?

1%

What does pigeon-holing mean?

Putting bills to one side during the committee stage and taking no action on them - no hearings and no vote.

This happens to a large number of bills.

What is a cloture motion?

A motion to stop a filibuster. Must be signed by at least 16 senators and then voted for by at least 3/5 of the entire Senate.

What is a pocket veto and is it significant?

A means by which the president can reject a bill, when Congress is not in session, by not signing it.

HOWEVER, no President has used this since Bill Clinton.

What are two recent example of major bipartisan support for a bill?

2020 Covid Aid, Relief and Economy (CARES) Act. Largest ever economic stimulus in US history.

2021 Infrastructure Investment and Jobs Act. Over $1 trillion of infrastructure spending. Passed by 69-30 in the senate.

How many of Trump's vetoes were overturned?

1/10

What factors affect the relationship between Congress and the presidency?

Party Control: only really affected when Congress is not controlled by the president's party. E.g. almost all modern-day examples of the Senate's rejection of presidential nominations have come when the president's party has not controlled the Senate.

Policy area: President more influence over foreign policy. E.g. Trump was able to abandon the Iran Nuclear Deal in 2018 with little oversight from C. However, C has more control over domestic policy. E.g. Trump failed to repeal Obamacare. HOWEVER, Obamacare shows how President can influence domestic policy.

Presidential approval rating and power: E.g. Congress was effectively subservient to Bush following 9/11 (E.g. Patriot Act) - with President having over 90% approval ratings. HOWEVER, national emergency.

National events: CARES Act Covid. 9/11. More demand for unity.

What are the functions of standing committees?

Conducting the committee stage of bills: Committee can vote whether or not to pass the bill onto the next stage of legislation. PORK BARELLING HAPPENS HERE.

Conducting investigations: Can investigate policies, enabling Congress to fufil its oversight function. E.g. Senate Foreign Relations Committee investigated US-China relations.

Confirming presidential appointments: Senate only. Senate Judiciary and Foreign Relations committees. Hold hearings on appointments. E.g. Republican-controlled Senate Judiciary Committee refused to hold hearings on Obama's SC nominee Judge Merrick Garland in 2016.

How could the House Rules Committee be considered to be powerful?

it can set the rules on the debate and vote ahead.

Is responsible for prioritising bills coming from the committee stage onto the House floor for second readings.

It can attach time limits to the debate and can attach rules on the bill as to whether the bill can have amendments added during the Second Reading.

As a result, it is a powerful committee to be on in Congress.

Republican Tom Cole is the chair (2023).

What are standing committees in US politics?

Formed on an ad hoc basis and are created to perform a special function.

Have the same powers of Standing Committees. Their focus tends to be investigative.

E.g. 'Select Committee on the Events Surrounding the 2012 Terrorist Attack in Benghazi'

How many members are on the House Rules Committee?

13.

How effective is Congress's checks on the judiciary?

Constitutional amendments: Very difficult and impractical. Only 27 amendments have been passed. T, ineffective check.

Impeachment: Only one ever SC justice put on trial - Justice Samuel Chase was acquitted in 1804. District judge Thomas porteous impeached in 2010 for accepting bribes. Rare but successful when deserved.

Size of the Court: has not changed since 1869. C, has not been that effective. Could theoretically act as a check though - as C could assist the P in altering the Court's ideological nature.

What are the arguments for and against the view that Congress is effective at outlining its legislative role?

Major legislation has been regularly passed, such as Obamacare, which reformed healthcare. HOWEVER, not enough major legislation is passed. Only 2-3% of all bills become law, compared to 6-7% of bills becoming law in the 1980s.

Congress can reject legislation that is proposed by the executive. HOWEVER, presidential vetoes rarely overturned since a supermajority of 2/3 is required to overturn them.

The separation of powers and electoral cycle ensure compromise in the creation of legislation. Major legislation most likely to be passed during unified govt. e.g. Tax and Jobs Act (2017). HOWEVER, United govt. can see legislation passed without suitable scrutiny, while in divided govt. gridlock can prevent legislation passing.

What are the arguments for and against the view that Congress is effective at outlining its representative role?

Representation of minority groups has increased dramatically in the 21st century. E.g. The 118th Congress is the most racially diverse in history - 25% are non-white Americans. HOWEVER, this is still much lower than what it is in America - around 40% are non-white. Still fundamentally unrepresentative.

Caucuses allow under-represented groups to act together and increase their influence. E.g. the Congressional Black Caucus has over 50 members. HOWEVER, Lobbyists from interest groups can influence members of Congress more than their constituents or state. E.g. NRA.

The people are represented at two levels in the House and Senate. HOWEVER, representation process is compromised by the financial advantage incumbents had over challengers in congressional election. E.g. 80% re-elected. All 29 incumbent senators re-elected in 2022 senate elections.

What are the arguments for and against the view that Congress is effective at outlining its oversight role?

Congress can override the presidential veto and has often done this with large majorities. E.g. Obama FIND THIS. HOWEVER, Only around 10% are overturned due to the need for a supermajority.

Congress can impeach the President, as did the 117th Congress. HOWEVER, this achieved little.

President often faces extensive scrutiny in times of divided government. HOWEVER, on the other hand in unified government (and sometimes crisis. E.g. 9/11) Congress is more likely to act in deference to the president.

Congress can effectively use the power of the purse to check the power of the president and limit the president's role as commander-in-chief. E.g. used in 1974 to suspend funding for the Vietnam war. HOWEVER, Presidents have found ways around the constitutional powers of the Congress with the use of executive powers and their role as commander-in-chief.

Which Congress impeached President Trump

117th

What are the three types of comparative theory?

Structural: focuses on institutions in a political system. E.g. structural differences between US and UK constitutions, being codified and uncodified, lead to differences of outcome.

Rational: focuses on individuals within a political system. E.g the affluent and poor make different choices when voting in elections - each attempting to achieve their desired policy goals.

Cultural: focuses on shared ides within a political system. E.g. US constitution culturally embedded.

How can you use comparative theories in an essay?

At the end of each paragraph, add:

'This similarity/difference is most commonly explained by ____ because in the UK ____ whereas in the US _____'

What was the 2022 midterm election turnout?

46% - higher than all midterm elections since 1970.

When was Congress' power to declare war last used?

1941

What are the three main parts of the EXOP, and what do they do?

White House Office (WHO): President's personal office - made up of closest advisors. None of the roles in the WHO require senate confirmation.

Office of Management and Budget (OMB): Largest department within the EO. Main responsibility is to produce the budget. Assesses the effectiveness of government proposals. Director must be confirmed by Senate vote.

National Security Council (NSC): Main body used for the formation of policies relating to national security and foreign policy.

What are the legislative powers of the President?

Proposing legislation: usually through the State of the Union Address: E.g. Trump used his 2018 State of the Union Address to promise a crackdown on immigration. E.g. Biden called for support for Ukraine, 2022. This was successful as around $14 million was given to Ukraine.

Signing legislation

Vetoing legislation: the threat of veto can be an important bargaining tool. Only around 10% are overturned.

How could executive orders be considered to be imperial (essay wording)?

They allow the President to circumvent the legislative process and act unilaterally.

What three justices did President Trump nominate?

Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

What % of the popular vote did Obama win in 2008, and how many ECVs did he get?

52.9% and 68% of ECVS

What are some examples of Presidents engaging with media platforms in order to facilitate their role as the head of state?

Roosevelt's 'fire-side chats' between 1933-44 to provide reassurance during great depression and Second World War.

Trump using Twitter to engage the nation and the world on a range of topics. HOWEVER, often ridiculed and potentially undermined his authority.

What are the main functions of cabinet meetings for the president?

Create team spirit.

Create media coverage: good way for President's to appear collegial and consultive. President Trump opened the entire cabinet meetings to the media and even took questions from the press - HOWEVER, purpose more to show his dominance than cabinet collegiality.

Present 'big picture' items: items that affect the whole cabinet, such as the budget. E.g. President Trump used his cabinet meeting on the 19th May 2020 to discuss the federal response to Covid-19.

What are the arguments that the cabinet is not significant?

Constitution grants 'all executive power' to the president - cabinet officers have no executive power vested in them directly.

The President is not equal to cabinet members.

EXOP grown in power since 1939.

HOWEVER, impacted by style of President. E.g. Clinton influential under Obama as Secretary of State.

What is an example of a President's popularity influencing Congressional decisions?

President Trump's popularity with grassroot Republicans potentially influenced how Republican senators voted in his impeachment processes.

What is an example of the party control in Congress influencing Congressional decisions?

When the Democrats controlled both houses in Congress and Bill Clinton was president, he succeeded in 86.4% of Congress votes on issues he supported compared to 36.2% of votes when there was a divided government.

What is an example of the economy influencing Congressional decisions?

Congress passed the CARES act in 2020 - which aimed to inject $2.2 trillion into the US economy to help with the damage from Covid-19

How could the US President be considered less effective than the UK PM in achieving their legislative goals?

Structural: UK PM usually leader of majority party in P. C, easier to pass legislation through. US President hindered by separation of powers. E.g. Blair only lost 4 votes in Parliament.

Cultural: UK Manifestos have prominence under Salisbury Convention - HOL won't oppose manifesto promises. P does not have this and their promises are often heavily opposed - E.g. Trump wall + shutdown 2018.

PM member of HOC, so is closer to the legislative process than P, who is a member of the executive and cannot be a member of the legislature under the Constitution.

How effective are executive orders?

Effective: have force of law, effective in divided congress, E.g. in 2018 President Trump used an executive order to keep Guantanamo Bay open.

Ineffective: are not meant to replace laws, can easily be revoked by successors (e.g. Biden spent the first 100 days signing executive orders to reverse a lot of Trumps, including the construction of the wall), Congress can block them using power of the purse. E.g. in 2009 Congress blocked Obama's attempts to shut Guantanamo Bay, but the Senate refused to fund it 90-6).

What is the average first term and second term presidential support score?

83% first term.

48% second term.

What is an example of the Supreme Court holding the President to account?

When it declared Obama's use of recess appointments unconstitutional in 2014.