politics paper 3 debates

The Constitution Basics (4)

* Ratified in 1787.
* 7 Articles: first 4 deal with key institutions, 5th deals with amendment process, ‘supremacy clause’ in 6, 7 the ratification process.
* 27 amendments.
* Bill of Rights - first 10 amendments of the constitution. Protecting individual against government power. Protects states from the federal government. (1st amendment - free expression, 2nd - guns, 5th - no self-incrimination, 10th - states have reserved powers).

Nature of the US Constitution (4)

* Authoritative - on a higher level than ordinary law, so it sets out the basis for all political institutions, including those created in everyday legislation.
* Entrenched - hard to amend/abolish.
* Judiciable - higher form of law, others can be judged against it.
* Codified - in one document.

Enumerated Powers of Congress (5)

* Collection of taxes and duties, which provide for the debts of the US, as well as defence and welfare.
* Borrowing money.
* Regulation of commerce, both on international and interstate levels.
* Exclusive legislative powers.
* Raise income tax.

Implied Powers of Congress (2)

* The necessary and proper clause - Article 1, Section 8 'Make all laws which shall be necessary and proper for carrying into the execution of the foregoing powers’. Has led to the expansion of the federal government.
* Interstate Commerce Clause: Regulate interstate commerce, via taxation - with all of commerce usually occurring interstate.

Enumerated Powers of President (5)

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

Implied Powers of President

* Commander in chief of the armed forces.

Enumerated and Implied Powers of the Court (2)

* Enumerated: rule on cases arising under the Constitution, the Laws of the United States or Treaties.
* Implied: The power of judicial review.

Vagueness is Good (3)

1. Flexibility - The Constitution's vague language allows for flexibility in interpretation and application. It allows for changing times and circumstances to be taken into account, and allows for adaptation to new situations. For example, the Constitution's general language regarding the powers of the federal government has allowed for the expansion of federal power to meet the needs of a growing and changing country. (In 2018, the Supreme Court ruled in South Dakota v. Wayfair that states could collect sales tax from online retailers, despite the fact that the retailers may not have a physical presence in the state. This decision was based on the Court's interpretation of the Commerce Clause as it applies to modern e-commerce, showing the flexibility of the Constitution's language)
2. Avoidance of conflict - Vague language in the Constitution allows for compromise and negotiation, helping to avoid conflicts that could arise from strict interpretation of the text. This can be seen in the compromise reached during the writing of the Constitution regarding the balance of power between small and large states. (For example, the debate over gun control has been ongoing for decades, with both sides citing the Second Amendment as justification for their positions.)
3. Protection of individual rights - The vagueness of the Bill of Rights allows for individual rights to be protected even in unforeseen circumstances. The Ninth Amendment, for example, protects individual rights that may not be explicitly listed in the Constitution. (Obergefell vs Hodges 2015).

Vagueness is Bad (3)

* The Constitution could fail to regulate Political Practice: the constitution is meant to regulate politicians and set the rules for the political game. Vagueness undermines its authority - and the supreme court - as people reject newly established rulings or political practices. (Obergefell v Hodges - politicians and justices claimed that the Court was no longer following the Constitution).
* The Supreme Court could become too powerful: individual judges can apply their own ideologies when ruling on a case. Each of 9 are identified with a party (Ketanji Brown-Jackson is a democrat). More detailed constitution would lead to less bias. 8th amendment used to allow death penalty.
* Significant conflict: lack of clarity leads to strong disputes, with each side claiming that their particular view of the constitution is more legitimate. Ideological. Arguments about how far the Constitution allows the federal government to control states. (Affordable care act.)

The Amendment Process

* Amendment proposed by either 2/3 of congress or by a national convention called by congress at the request of 2/3 of state legislatures.
* Ratified by either 3/4 of state legislatures, or 3/4 of state conventions.

Proposals passed by Congress that didn’t receive State support (2)

* Equal Rights Amendment - would have provided equality of rights by the federal or state government on accounts of sex. 1982.
* District of Columbia Voting Rights Amendment - would have given District of Columbia full representation in the US Congress as if it were a state. 1985.

Proposals voted on in Congress that did not receive 2/3 support (2)

* The Flag Protection Amendment - would allow congress to make it illegal to desecrate the US flag. Supreme Court overturned US v Eichman 1990 overturning the Flag Protection Act on the basis of 1st amendment freedoms. Successfully passed in the house 6 ties but not at senate.
* Federal Marriage Amendment - defined marriage as exclusively between a man and a woman. Key to 2004 election.

Proposals introduced in Congress not voted on by both Chambers (2)

* Right to Vote Amendment - introduced to reduce restrictions on voting. Would end felony voting restrictions and help protect rights after Shelby County v Holder overturned sections of the Voting Rights Act.
* Saving American Democracy Amendment - proposed by Bernie Sanders, wanting to overturn Citizens United v FEC which removed regulations in funding of elections.

Disadvantages of the Amendment Process (3)

* Its difficult to remove outdated aspects - difficult to get wide support to make necessary change and makes it difficult to incorporate new ideas. Document is 200 years old, and society has dramatically changed. Ideas such as that of the use of the electoral college. Sees a president not win the popular vote but win all of the seats, such as Bush and Trump. Over-represents smaller states, so people in some states have greater voting power than overs. The Equal Rights Amendment, which has a huge consensus over women’s rights, was unable to be passed in 1982.
* Amendment process is undemocratic - goes against the principle of a majoritarian democracy. Only 13/50 states have to oppose it. 13 smallest states could block it, such as Alaska and Wyoming. Flag Protection received 50% of the votes in Congress but did not meet this super-majority.
* Gives the Supreme Court excessive power - entrenchment allows 9 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. Judges are not neutral either. (Edwin Meese argue that the US has an imperial judiciary with no effective Constitutional limits).

Disadvantages of Amendment Process (3)

* It protects key principles of political processes and prevents ill-thought-through amendments - basic democratic ideas, such as elections every four years, should be essential principles difficult to change. These key principles can be altered when there is large support. Involves several institutions and cross-party support, which prevents short-term or irrational thinking and several amendments could have been made as knee-jerk reactions to Supreme Court rulings, such as gay marriage.
* Protects states and upholds federalism - respect for states’ rights. Ensured through the 10th amendment and the amendment process as well as small states receiving equal representation in the Senate and the Electoral College.
* Prevents abuses of power - stops an individual from one political party changing constitutional rules for their own benefit, such as George Bush’s attempts to gain a line-item veto power in 2006. Current system requires bipartisan support.

Differences between US Amendment Process and UK (3)

1. Formality and Difficulty of Amendment - The US Constitution has a formal and difficult amendment process that requires a supermajority vote in Congress or state legislatures and ratification by the states. In contrast, the UK's unwritten constitution can be amended through legislation or changes to common law, which do not require any formal amendment process. Amendments to the UK's constitution can also be made through the Parliament Acts of 1911 and 1949, which allow the House of Commons to pass legislation without the approval of the House of Lords, if certain conditions are met.
2. Separation of Powers - The US Constitution has a system of separation of powers between the executive, legislative, and judicial branches, which provides checks and balances to prevent any one branch from gaining too much power. In contrast, the UK's unwritten constitution does not have a strict separation of powers, and the executive and legislative branches are often merged. The UK also has a parliamentary system, where the executive (the Prime Minister and Cabinet) is drawn from the legislature (the House of Commons), and the judiciary is subordinate to Parliament.
3. Unwritten Constitution - The UK's constitution is largely unwritten and is based on a combination of statutes, common law, and conventions. This means that the UK's constitution is more flexible and adaptable to changing circumstances, as it can be amended through changes to common law and parliamentary legislation. In contrast, the US Constitution is a written document that is relatively difficult to amend, which can make it more difficult to address emerging issues or changing circumstances without a formal amendment process.

Key Principles of the Constitution (5)

* Federalism
* Separation of Powers
* Checks and Balances
* Bipartisanship
* Limited Government

Federalism

* Power divided between the central government, and regional government. Some policies are made at federal level by the President and Congress, and others are made by state governments.
* Each state is like a smaller version of the US, with its own Constitution, head of executive (governor), legislature (state congress) and Supreme Court.
* Particularly unclear in relation to federalism and protection of state power. The power of the federal government has grown hugely, such as FDR’s reform, in response to economic crisis, 2008, civil-rights, 1960s, and social policy, gays.

Federalism is Upheld (3)

1. Federalism distributes powers between the federal government and the states. The US Constitution reserves certain powers for the states, and the Tenth Amendment states that powers not delegated to the federal government are reserved for the states or the people. States exercise their autonomy in areas such as education, healthcare, transportation, and legalizing marijuana through state governments, legislatures, and courts.
2. Dual federalism is a type of federalism where the federal and state governments have distinct areas of authority. This approach protects federalism by preventing the federal government from infringing on the areas of state authority. For example, the Supreme Court has limited the federal government's power under the Commerce Clause to regulate activities that are purely intrastate, as seen in cases such as United States v. Lopez and United States v. Morrison.
3. The idea of states' rights, which favours state power, has a long history in the US, and it is supported by evidence such as state gun laws and the primary authority of states to regulate elections, including voting laws.

Federalism is not Upheld (3)

1. Prevalence of Federal Regulations - Some argue that the federal government's regulatory powers have expanded, leading to a reduction in state autonomy. The federal government has increasingly used regulations to achieve policy goals, such as environmental protection, and these regulations can have significant impacts on state policy. For example, the Clean Air Act and Clean Water Act both grant the Environmental Protection Agency (EPA) the power to regulate air and water quality standards, which can be more stringent than state standards. This has led to conflicts between the federal government and some states, which feel that federal regulations encroach on their authority.
2. Federal Funding - The federal government often uses its power of the purse to influence state policy, leading to what some consider to be federal encroachment on state authority. For example, the Affordable Care Act (ACA) required states to expand Medicaid coverage, and threatened to withhold federal funding for Medicaid if they refused. This led to a Supreme Court case, National Federation of Independent Business v. Sebelius (2012), which ruled that states could not be coerced into expanding Medicaid coverage.
3. Executive Overreach - Some argue that the powers of the executive branch have expanded beyond their constitutional limits, infringing on state authority. For example, under the Obama administration, the Department of Education issued guidelines on transgender bathroom use in public schools, which some states felt encroached on their authority to regulate education. This led to legal challenges, and the Trump administration ultimately rescinded the guidelines.

Differences between US Federalism and UK Devolution (3)

1. Nature of the subnational governments - In the US, states are sovereign entities with their own governments, while in the UK, the devolved governments are subordinate to the central government. This means that the powers of the devolved governments can be changed or revoked by the central government.
2. Distribution of powers - While both US federalism and UK devolution involve a distribution of power, the specific powers that are devolved or reserved differ. In the US, certain powers are explicitly reserved for the states, while in the UK, the devolved governments have powers in areas such as health, education, and transportation, but do not have control over foreign affairs or defence.
3. Legal frameworks - The legal frameworks that govern US federalism and UK devolution differ. In the US, the Supreme Court is responsible for interpreting the Constitution and resolving disputes between the federal and state governments. In the UK, the Supreme Court has limited jurisdiction over devolution issues, and disputes are typically resolved through political negotiations between the central and devolved governments.

Similarities between US Federalism and UK Devolution (3)

1. Distribution of power - Both US federalism and UK devolution involve a distribution of power between a central government and subnational governments. In both cases, the subnational governments have some degree of autonomy in certain areas.
2. Constitutional framework - Both US federalism and UK devolution are enshrined in a constitutional framework. The US Constitution outlines the powers of the federal and state governments, while the UK Parliament passed the Scotland Act 1998 and the Government of Wales Act 1998, among others, which establish the powers of the devolved governments.
3. Political tensions - Both US federalism and UK devolution can create political tensions between the central government and the subnational governments. In both cases, there can be disagreements over the distribution of powers and the limits of autonomy.

Separation of Powers

* Division of a system of government into three branches: the executive, the legislature and the judiciary. No one is allowed to be in more than one branch at the same time. (Obama gave up senate seat in 2008 to become president).
* Share power, preventing one institution or politician from dominating the political system.

There is a Separation of Powers (3)

1. Constitutional Provisions - The US Constitution has explicit provisions that separate the powers of the three branches of government. For example, Article I of the Constitution grants the legislative power to Congress, Article II grants the executive power to the President, and Article III grants the judicial power to the Supreme Court and other federal courts.
2. Checks and Balances - The separation of powers is also supported by the system of checks and balances, which allows each branch of government to limit the power of the other branches. For example, the President can veto legislation passed by Congress, but Congress can override the veto with a two-thirds majority vote in both the House and Senate.
3. Court Decisions - The Supreme Court has issued numerous decisions upholding the separation of powers, such as United States v. Nixon (1974), which held that the President could not withhold evidence from a criminal trial, and Clinton v. City of New York (1998), which struck down a law that allowed the President to veto specific items in a budget.

There isn’t Separation of Powers (3)

1. Executive Overreach - Critics argue that in recent years, Presidents have expanded their power beyond the scope envisioned by the Constitution. For example, some have criticized President Obama for using executive orders to bypass Congress, and President Trump for using emergency powers to fund a border wall.
2. Partisan Politics - Some argue that the separation of powers is undermined by the prevalence of partisan politics, where members of Congress and the President's own party are more likely to support their own party's interests rather than the principles of separation of powers.
3. Judicial Activism - Critics argue that the judicial branch has increasingly become involved in making policy decisions, rather than simply interpreting the Constitution. Some argue that this undermines the separation of powers by allowing the judicial branch to encroach on the legislative and executive branches.

Similarities between US and UK Separation of Powers (3)

1. Division of Government Powers - Both the US and UK have a separation of powers between the different branches of government. In both systems, the powers of the legislature, executive, and judiciary are separated to ensure a system of checks and balances.
2. Independent Judiciary - Both countries have an independent judiciary that is separate from the other branches of government. The judiciary is responsible for interpreting and applying the law in a fair and impartial manner.
3. Rule of Law - Both countries have a strong tradition of upholding the rule of law. This means that all individuals, including government officials, are subject to the law and no one is above it.

Differences between US and UK Separation of Powers (3)

1. Written Constitution - The US has a written Constitution that clearly outlines the separation of powers between the different branches of government. In contrast, the UK has an unwritten constitution that relies on a series of legal documents and traditions.
2. Fusion of Powers - The UK has a fusion of powers system, where the executive and legislative branches are closely intertwined. In contrast, the US has a strict separation of powers, with each branch having distinct powers and responsibilities.
3. Head of State - In the US, the President is both the head of state and head of government, and has significant powers over the executive branch. In the UK, the monarch is the head of state, but the Prime Minister is the head of government and has more power over the executive branch.

Checks and Balances

* Each branch has an exclusive power, limiting the ability of other branches to operate in an unrestrained manner.
* High degree of balance between the three branches of government, so one institution is not dominant.
* Denials of certain powers to each of the three branches. President can propose legislation, but cannot amend legislation - lacking a line-item veto.

There is a system of Checks and Balances in the US (3)

1. Evidence of the legislative branch checking the power of the executive branch can be seen in the impeachment process. The House of Representatives can impeach the President and the Senate holds the trial, ultimately deciding whether or not to remove the President from office. This was seen in the impeachment proceedings against President Donald Trump in 2019-2020.
2. The judicial branch has the power of judicial review, which allows them to interpret the Constitution and strike down laws that are deemed unconstitutional. This power checks the power of the legislative branch to ensure that they do not create laws that violate the Constitution. This was seen in the landmark case Marbury v. Madison (1803).
3. The executive branch has veto power over legislation passed by Congress, which can be overridden by a two-thirds vote of both the House of Representatives and the Senate. This allows the President to check the power of the legislative branch and ensure that laws are in line with their priorities. This was seen in 2008 when Congress overrode President George W. Bush's veto of a bill expanding healthcare coverage for children.

There isn’t a system of Checks and Balances (3)

1. The President has the power to appoint judges to the federal courts, including the Supreme Court, which can lead to a bias towards their political views. This allows the executive branch to indirectly check the power of the judicial branch by ensuring that judges align with their political ideology. This was seen in the appointment of Justice Amy Coney Barrett by President Donald Trump in 2020.
2. Political polarization in Congress can lead to a breakdown in the checks and balances system, as each party becomes more focused on blocking the other party's agenda rather than working together to create effective policy. This has been seen in recent years with increasing partisan divides and gridlock in Congress, which has led to a breakdown in the legislative branch's ability to check the power of the other branches.
3. The system of checks and balances is not explicitly laid out in the Constitution, and there are loopholes that can be exploited by each branch of government. For example, the President can use executive orders to bypass the legislative branch and implement policy unilaterally. This was seen in 2014 when President Barack Obama issued executive orders on immigration policy, which were later challenged in court.

Differences between US and UK Checks and Balances (3)

1. Written Constitution - The US has a written constitution that outlines the powers and limitations of each branch of government, whereas the UK does not have a single written constitution. Instead, its system is based on a combination of statutes, court rulings, and customs.
2. Separation of Powers - The US has a clear separation of powers between the executive, legislative, and judicial branches, with each branch having distinct responsibilities and powers. In the UK, the separation of powers is less clear, with the executive branch being drawn from the legislature and the judiciary playing a smaller role in the political system.
3. Parliamentary Supremacy - The principle of parliamentary supremacy is central to the UK's system of checks and balances. This means that parliament is the ultimate source of authority and can pass laws without being limited by a written constitution or the courts. In the US, the principle of separation of powers and the written constitution are the key mechanisms for ensuring checks and balances.

Similarities between US and UK Checks and Balances

1. Bicameral Legislature - Both the US and UK have a bicameral legislature with a lower and upper house. In the US, it's the House of Representatives and Senate, and in the UK, it's the House of Commons and House of Lords. The upper house in both systems serves as a check on the lower house, helping to prevent the concentration of power in one branch of government.
2. Judicial Review - Both the US and UK have a system of judicial review, where the courts can declare laws and executive actions unconstitutional or illegal. In the US, this power is derived from the principle of Marbury v. Madison (1803), while in the UK, it's based on the common law tradition and the principle of parliamentary sovereignty.
3. Executive Accountability - Both systems have mechanisms for holding the executive branch accountable. In the US, this includes impeachment proceedings, where the House of Representatives can bring charges against the president, and the Senate can hold a trial to remove them from office. In the UK, this includes votes of no confidence, where the House of Commons can express its lack of support for the prime minister and potentially trigger a new election.

Bipartisanship

* Makes mention of compromise as it is inevitable is decisions are to be made. The division of the power between president, House and Senate means parties need to co-operate in order to govern the country.
* Super-majorities to make amendments.
* Divided government, when different houses are controlled by different parties, parties have to work together to pass policy.
* Major constitutional challenges - with parties becoming more polarised, there is less scope for compromise and Congress less able to legislate, leading to weak government.

Bipartisanship is Upheld (3)

1. Passing of Bipartisan Legislation - The passage of bipartisan legislation is evidence that bipartisanship is upheld in the US. For example, in December 2020, Congress passed a $900 billion coronavirus relief package with bipartisan support. The package was negotiated by both Republican and Democratic lawmakers, and was ultimately signed into law by then-President Donald Trump.
2. Cross-Party Collaboration - The willingness of lawmakers from both parties to collaborate on issues is another indication of bipartisanship. For instance, in 2019, a bipartisan group of lawmakers in the Senate introduced a bill to address the opioid epidemic. The bill had support from both Republicans and Democrats, and was eventually signed into law.
3. Public Opinion - Polls suggest that a majority of Americans support bipartisanship and compromise. For instance, a 2021 Gallup poll found that 68% of Americans believe it is important for elected officials to compromise in order to get things done.

Bipartisanship is not Upheld (3)

1. Partisan Gridlock - The prevalence of partisan gridlock in Congress is a major obstacle to bipartisanship. For example, in recent years, many important bills have failed to pass due to partisan bickering and intransigence. This includes legislation on issues such as gun control, healthcare reform, and climate change.
2. Ideological Polarization - The ideological polarization of American politics has made it more difficult for lawmakers to find common ground. This is reflected in the growing ideological divide between Democrats and Republicans in Congress. A 2019 Pew Research Center study found that the ideological gap between the two parties has widened significantly in recent years. The increasing political polarization of the American public is another obstacle to bipartisanship. This is reflected in the fact that many Americans now view members of the opposite party as "the enemy." A 2020 survey by the Pew Research Center found that a majority of Democrats and Republicans view members of the opposite party as "closed-minded" and "unintelligent."
3. Polarization in the media: The US media has become increasingly polarized, with many news outlets catering to either conservative or liberal audiences. This has led to a situation where people are less likely to be exposed to different viewpoints and more likely to hold extreme positions, making bipartisanship more difficult.

Similarities of US and UK Bipartisanship (3)

1. Both countries have two major political parties - In the UK, the two main political parties are the Conservative Party and the Labour Party, while in the US they are the Democratic Party and the Republican Party. This means that bipartisanship involves working across party lines between these two dominant parties.
2. Both countries have a history of bipartisan efforts on certain issues - In both countries, there have been instances of bipartisanship on issues such as national security, foreign policy, and economic growth.
3. Both countries have parliamentary systems - While the US has a presidential system and the UK has a parliamentary system, both countries have a bicameral legislature where bills must pass both houses of parliament in order to become law. This means that bipartisanship is often necessary for legislation to pass.

Differences of US and UK Bipartisanship (3)

1. The role of party discipline - In the UK, party discipline is more strict, meaning that MPs are expected to vote along party lines more often. In the US, there is more individual freedom for members of Congress to vote according to their own beliefs, which can make bipartisanship more difficult to achieve.
2. The role of the executive - In the US, the President plays a significant role in the legislative process and can use the power of the veto to block legislation. In the UK, the Prime Minister does not have a veto and must rely on the support of their party to pass legislation.
3. The electoral system - The UK uses a first-past-the-post electoral system, which tends to result in a more polarized political landscape with fewer third-party representatives. In contrast, the US uses a system of proportional representation, which allows for greater diversity of voices in Congress but can also make it more difficult to achieve bipartisan agreement.

Limited Government

* Limited by checks and balances, separation of powers because of the corrupting nature of power. Federal government is subject to limitations as laid out in the Constitution.
* Bill of Rights also prevents the federal government from restricting the rights of the individual or the rights of the state. 10th amendment protects states.
* Modern conceptions of limited government cover the extent in which the federal government plays a role in social and economic policy. Conservatives want a reduced government, social programmes are frowned on based on ideas of a ‘big government’ agenda.

Similarities of US and UK Limited Government (3)

1. Constitutionally limited government: Both the UK and US have constitutions that limit the power of the government. In the UK, the constitution is not codified but is made up of various sources, including statute law, common law, and conventions. In the US, the constitution is codified and is the supreme law of the land. Both constitutions provide for the separation of powers and checks and balances to prevent the abuse of power by any branch of government.
2. Protection of individual rights: Both the UK and US have a tradition of protecting individual rights. In the UK, this is reflected in the Magna Carta (1215), which established the principle that no one is above the law, and the Bill of Rights (1689), which set out certain civil liberties. In the US, the Bill of Rights (1791) protects individual rights, such as freedom of speech, religion, and the press.
3. Judicial review: Both the UK and US have a system of judicial review, whereby the courts can strike down laws or executive actions that are deemed to be unconstitutional. In the UK, this power is exercised by the courts through the doctrine of parliamentary sovereignty, which holds that no parliament can bind its successors. In the US, the power of judicial review is explicitly granted to the Supreme Court by the constitution.

Differences of UK and US Limited Government (3)

1. Federalism: The US has a federal system of government, in which power is divided between the federal government and the states. This means that certain powers are reserved for the states, while others are given to the federal government. In contrast, the UK has a unitary system of government, in which power is concentrated in the central government.
2. Parliamentary sovereignty: While the US has a written constitution that is the supreme law of the land, the UK has a doctrine of parliamentary sovereignty, which means that parliament is the supreme legal authority and can make or unmake any law it chooses. This means that there are fewer checks on the power of parliament in the UK than there are on the power of the federal government in the US.
3. Bill of Rights: While both the UK and US have a Bill of Rights that protects individual rights, they differ in their scope and content. The US Bill of Rights is more extensive and includes protections for freedom of assembly, the right to bear arms, and the right to a trial by jury, among others. The UK Bill of Rights is more focused on civil liberties, such as freedom of speech and the right to a fair trial. Additionally, the UK Bill of Rights is not a codified document and is not enforceable in the courts in the same way that the US Bill of Rights is.

The US has a system of Limited Government (3)

1. The Constitution: The US Constitution is a founding document that establishes the framework of limited government in the US. It outlines the powers and limitations of each branch of government and enshrines the principles of federalism, separation of powers, and checks and balances. The Constitution is the supreme law of the land, and any laws or actions that violate its provisions can be struck down by the courts.
2. Bill of Rights: The Bill of Rights is the first ten amendments to the Constitution, which protect individual rights such as freedom of speech, religion, and the press. The Bill of Rights is a powerful safeguard against government overreach, as it limits the power of the government to interfere with citizens' fundamental rights. The Bill of Rights is also enforceable through the courts, which can strike down laws or actions that violate its provisions.
3. Limited government tradition: The US has a long tradition of limited government, which is rooted in the principles of individual liberty and property rights. The Founding Fathers of the US believed that government should be limited in scope and power, and that the best way to protect individual rights was to limit the power of government. This tradition has been passed down through generations and is reflected in the US Constitution and the Bill of Rights.

The US does not have a system of Limited Government (3)

1. Executive power: In recent decades, there has been a trend towards increased executive power in the US, which has eroded the system of limited government. Presidents have used executive orders to bypass Congress and implement policies without the approval of the legislative branch. This has led to concerns that the president has too much power and that the system of checks and balances is not working effectively.
2. Judicial activism: The US judiciary has increasingly taken on a more activist role in recent years, using the power of judicial review to strike down laws and policies that are deemed to be unconstitutional. While this can be seen as a positive development in terms of protecting individual rights, it has also been criticized for expanding the power of the courts and encroaching on the powers of the other branches of government.
3. Regulatory state: The growth of the regulatory state in the US has also been seen as a threat to limited government. Federal agencies have been granted broad powers to regulate various sectors of the economy, and their decisions can have a significant impact on individual rights and freedoms. Critics argue that the regulatory state has become too powerful and that it undermines the principles of limited government and the rule of law.

Essential Features of US Federalism (2)

* The power of regional governments or states is protected by the constitution. Meaning the federal government cannot reduce the power of the states without their consent. Without the consent of 2/3 of the states.
* Regional powers are equal. All states are given the same legal power, all states can set their own tax rates. All have same decision-making power.

Key Aspects to the relationship between State and Federal Government. (5)

* Over time the power of the state has eroded. The major turning point was FDR’s New Deal policies. Greater federal control of the states.
* The federal government and states are interconnected, with the two having to work together in order to govern the US. Some individual policy areas are controlled and carried out by both the state and federal. Interdependence.
* The federal government provides resources, in the form of money - the government puts contingencies on this money to ensure policy is carried out according to their wishes. (Race to the Top initiative 2009 - Obama only aided $4.3bn if all 20 educational goals were agreed upon.)
* Federal government passes laws that force states to comply. Federal mandates. States can try an overturn these at the Supreme Court. In Shelby V Holder, the states overturned parts of the Voting Rights Act.
* States create laws independently. Federal government often challenges these laws. Obama administration attempted to ensure North Carolina accepted Transgender rights rules, so threatened to withhold funding.

Elections are Democratic in the US (3)

1. Access to the ballot box: Elections in the US are democratic because they provide citizens with access to the ballot box. The US Constitution guarantees the right to vote to all citizens regardless of their race, gender, or social status. Additionally, the Voting Rights Act of 1965 eliminated discriminatory practices that had been used to prevent certain groups from voting. US has one of the highest voter turnout with 66% of eligible voters participating in the 2020 presidential election.
2. Fair and impartial election administration: Elections in the US are democratic because they are administered fairly and impartially. The US has a decentralized election administration system, with each state responsible for conducting its own elections. This system ensures that the integrity of the election process is maintained and that there is no central authority that can manipulate the outcome of the election. According to a report by the Brennan Center for Justice, there is no evidence of widespread voter fraud or misconduct in the US electoral system.
3. Frequency of Elections: there is an election in each state every 2 years, which offers the voters the opportunity to give their voice more regularly.

Elections are not Democratic in the US (3)

* The electoral college is an out of date system that is based on a reluctance to give power to the people. Allows those without the popular vote to be nominated, such as Bush, Trump.
* The influence of money in politics: Elections in the US are undemocratic because they are influenced by money in politics. The US Supreme Court's 2010 Citizens United decision allowed corporations and unions to spend unlimited amounts of money to influence elections. This has led to the creation of Super PACs, which can raise and spend unlimited amounts of money to support or oppose candidates. According to a report by the Center for Responsive Politics, outside spending on the 2020 elections exceeded $4.5 billion.
* Gerrymandering: Elections in the US are undemocratic because they are subject to gerrymandering. Gerrymandering refers to the manipulation of electoral district boundaries to favor one political party or group. This can result in a distortion of the democratic process, as voters are not able to elect representatives that accurately reflect their preferences. According to a report by the Brennan Center for Justice, 16 states had extreme partisan gerrymanders in place for the 2020 election.

Positive Impacts of the Constitution (6)

* Frequent elections, short terms for the House and separation of powers creates a representative government.
* Checks and balances ensure that the branches work together. This presents tyranny and means policy is based on compromise.
* A powerful supreme court alongside constitutional rights, ensure high level of protection.
* The amendment process prevents politicians changing the rules to award themselves more power.
* The vagueness of the constitution has allowed the government to operate effectively by allowing change to be incorporated.
* The states are well protected.

Negative Impacts of the Constitution (6)

* The electoral college can produce a government that does not fulfil the wishes of the majority.
* Policy-making is difficult leading to ineffective government and gridlock.
* The power of the supreme court means that the government may be prevented carrying out effective policy.
* The amendment process prevents necessary change.
* Vagueness of the constitution has meant ‘loopholes’ have been created, such as executive orders.
* There is insufficient protection of state power and the federal government therefore dominates policy-making.

Constitution Protects States (3)

* Powers denied to Congress: the interstate commerce clause implies that states are free to regulate their own internal business policy. 2nd amendment has stopped federal government imposing gun regulations. (US v Lopez stopped Gun Free School Zones Act of 1990)
* 10th Amendment: any powers not reserved by the federal government should be considered state power. (Printz v United States 1997 - stopped background checks on guns). 10th amendment ensures decisions are state and not federal.
* The Amendment Process: impossible to reduce state power without their consent. States can block ideologically opposing policy. 3/4 must agree. Over-represents small states such as Wyoming and Alaska.

Constitution does not Protect States (3)

* Federal Mandates: impose national standards on states. These laws limit state power because all are required to comply. They can limit states financially. (Affordable Care Act required everyone to have insurance, limiting state choice on healthcare).
* Fiscal Power of the Federal Government: 16th amendment allowed federal income tax. Federal government provides states 1/4 of their whole expenditure. Conditions are imposed on this money, with states having to accept or refuse funding.
* Interstate Commerce Clause: Article 1, Section 8 gives power to the federal government to regulate commerce between states. Could states regulate money on marijuana?

Exclusive Powers of the House of Representatives (3)

* Impeachment: House can bring formal charges against a public official. Bill Clinton, Donald Trump.
* Elect the President if no candidate has 50% of electoral college, used in 1800 and 1824.
* Begin consideration of all money bills.

Exclusive Powers of the Senate (4)

* Try the impeachment case. 2/3 senate vote is required to remove someone from office. Clinton remained due to his exceptional midterm results.
* Elect the VP if no 50%.
* Ratify Treaties: all treaties negotiated by the president are subject to confirmation by the senate. Obama achieved ratification of START treaty, which scaled back nuclear arsenals.
* Confirm executive appointments: over 1200 senior appointments, including members of EXOP and the Supreme Court. Has become politicised in recent years.

Midterm Elections are Important (3)

* Balance of power: Midterm elections in the US are important because they can shift the balance of power in Congress. In midterm elections, all 435 seats in the House of Representatives and one-third of the seats in the Senate are up for election. If one political party gains a majority in either chamber, they can pass legislation and influence the policy agenda.


* Voter engagement: Midterm elections in the US are important because they can increase voter engagement and participation. While voter turnout is typically lower in midterm elections compared to presidential elections, midterm elections can still have a significant impact on the policy direction of the country. According to the Pew Research Center, voter turnout in the 2018 midterm elections was the highest it has been in 50 years, with 53.4% of eligible voters participating.


* Impact on state and local elections: Midterm elections in the US are important because they can have an impact on state and local elections. In addition to federal elections, many states and localities also hold elections during midterm years. These elections can have a significant impact on issues such as education, healthcare, and infrastructure.

Midterms are not Important (3)

1. Low turnout: Midterm elections in the US are not important because they typically have lower voter turnout compared to presidential elections. According to the US Census Bureau, voter turnout in the 2014 midterm elections was just 41.9%, compared to 61.4% in the 2016 presidential election.
2. Partisan gridlock: Midterm elections in the US are not important because they can contribute to partisan gridlock in Congress. In recent years, both parties have become increasingly polarized, making it difficult for them to work together to pass legislation. This can lead to government shutdowns, funding delays, and other political crises.
3. Limited impact on the presidency: Midterm elections in the US are not important because they have a limited impact on the presidency. While midterm elections can shift the balance of power in Congress, they do not directly impact the presidency. The president is still able to veto legislation and use executive orders to shape policy, regardless of the makeup of Congress.

Factors affecting Incumbency (4)

* Use of office: use their place in office to establish popularity and attract major donors.
* Safe seats and gerrymandering: winner-takes all system has allowed a huge number of safe seats where candidates win so convincingly that they are expected to keep the seat at the next election. Drawing electoral boundaries in favour of candidates.
* Pork-barrel legislation: amendments to legislation that will bring benefits to a particular group. 2016, congress passed a bill that would see $475m spent on a new navy ship that benefited Alabama and Wisconsin, shipbuilding parts of the US.
* Financial advantage: can attract more money than challengers, allowing them to run more successful campaigns. Name recognition and protect from attack of well-funded adversaries.

Factors that affect Voting Behaviour within Congress

* Public Opinion / Constituency: must take into account public opinion or face removal. Frequent elections provide this accountability. In 2009 elections, many democrats changed their opinion on the Affordable Care Act after meetings with their constituents. Moderate Republicans turned against the removal of this in 2017. 11 Democrats voted against, suggesting public opinion affects congresspersons more than party.
* Party / Party Leaders: convinced to vote with the rest of the party. Team competition, the desire to stop the opposing party. Use of patronage powers, such as promises of committee chairmanships, such as the appointment of Marjorie Taylor-Green to the defence council. No republicans voted for the stimulus budget because of partisanship rather than ideology.
* Caucuses: Blue Dog Democrats, Black Caucus with 40 members - officially non-partisan with the first black congresswomen Mia love a part.
* Interest Groups or Professional Lobbyists: donations. AFL-CIO (American Federation of Labour and Congress of Industrial Organizations) and the AARP (American Association of Retired Persons) have huge impacts. 2012 Newton Shootings, NRA stopped bills for gun control being passed.

Differences in Legislation between the House and Senate (4)

* In the House, there is a Rules Committee which decides how much debate should be given to a bill. Control of legislative agenda. The Rules Committee can determine a closed rule, where a bill can be discussed but no amendments made. The Senate does not do this.
* Senate is much less structure. Unlimited debate time for a bill. The Senate also has a system of unanimous consent, where all Senators agree on a bill being made. Decides whether a full reading is needed.
* The Senate has filibuster, which can delay or stop legislation or presidential appointments. In 2013, the Senate used the ‘nuclear option’ voting 52-48 on the usage of filibusters in executive branch nominees and judicial nominations. 2017 - extended to Supreme Court judges.
* Senate needs 60 votes to pass legislation, as a filibuster can be stopped with 3/5 of support.

Weaknesses of the US Legislative Process (3)

1. Gridlock: The US legislative process has been plagued by gridlock in recent years, with lawmakers struggling to pass major legislation on key issues. For example, in March 2021, President Biden's $1.9 trillion COVID relief package passed without a single Republican vote in either the House or Senate, highlighting the deep partisan divide in Congress.
2. Influence of money: The influence of money on the US political system was highlighted in the 2020 election cycle, when the top 100 individual donors gave a combined $1.2 billion to candidates and political groups. This level of spending has led to concerns about the outsized influence of wealthy donors and special interest groups on the political process.
3. Lack of diversity: Despite recent gains, women and people of colour remain underrepresented in Congress. In the current Congress, just over a quarter of lawmakers are women, while only 14% are people of colour. This lack of diversity can lead to a lack of perspectives and ideas on important issues, as well as a sense that the government does not reflect the diversity of the American people.

Strengths of the US Legislative Process (3)

1. Checks and balances: The system of checks and balances in the US political system has been on display in recent months, as the Biden administration has faced resistance from Congress and the courts on key policy initiatives. For example, in April 2021, a federal judge ruled that the Biden administration could not pause new oil and gas leases on federal land without approval from Congress, highlighting the limits of presidential power.
2. Legislative action: Despite the challenges of gridlock and partisanship, Congress has been able to pass significant legislation on some key issues. For example, in March 2021, Congress passed the American Rescue Plan, a $1.9 trillion COVID relief package that included direct payments to Americans, expanded unemployment benefits, and funding for vaccine distribution.
3. Oversight: One of the key functions of Congress is oversight of the executive branch, and lawmakers have been active in investigating the actions of the Trump administration and the Biden administration. For example, in May 2021, the House Oversight Committee announced an investigation into the Trump administration's seizure of phone records from Democratic lawmakers and journalists, highlighting Congress's role in holding the executive branch accountable.

Similarities of UK and US Legislative Process

1. Bicameral legislatures: Both the UK and the US have bicameral legislatures, with a lower house and an upper house. In the UK, the lower house is the House of Commons and the upper house is the House of Lords, while in the US, the lower house is the House of Representatives and the upper house is the Senate.
2. Committee system: Both countries rely on committees to review legislation and conduct oversight of the executive branch. In the UK, parliamentary committees are responsible for scrutinizing the work of government departments and agencies, while in the US, committees in both the House and Senate play a similar role.
3. Party discipline: Both the UK and the US have strong party systems, with party leaders exercising significant control over legislative decision-making. In both countries, members of the same party tend to vote together on most issues, although there is often more room for dissent in the UK than in the US.

Differences between US and UK Legislative Process (3)

1. Parliamentary vs. presidential systems: The UK has a parliamentary system of government, where the executive branch is drawn from the legislature and is accountable to it. In contrast, the US has a presidential system of government, where the executive branch is separate from the legislature and is not accountable to it.
2. Role of the judiciary: The UK has a unitary system of government, where the judiciary plays a relatively limited role in reviewing the constitutionality of legislation. The UK Parliament has the power to pass or repeal any law, and its decisions cannot be overruled by the judiciary. In contrast, the US has a federal system of government, where the judiciary plays a significant role in interpreting the Constitution and reviewing the constitutionality of legislation.
3. Voting systems: In the UK, the House of Commons is elected using a first-past-the-post system, where the candidate with the most votes in each constituency is elected. This system tends to favour larger parties and can result in a mismatch between the share of votes a party receives and the number of seats it wins. In contrast, the US uses a single-member district system, where each state is divided into districts, and the candidate with the most votes in each district is elected to the House of Representatives. This system tends to produce more proportional representation, as smaller parties can win seats in districts where they have a significant base of support.

Passed Legislation (3)

American Recovery and Reinvestment Act 2009

* Economy a $787bn injection.
* Covered infrastructure, aid to low-paid workers, education and tax breaks.

Patient Protection and Affordable Care Act 2010

* Requires almost all Americans to have health insurance with provisions for those with low income.
* Requires insurance companies to insure those with pre-existing conditions.
* Support in Congress based mainly on party affiliation.

The Freedom Act 2015

* Patriot Act was being used to monitor US Citizens.
* Reauthorised many provisions of the Patriot Act 2001.

Failed Legislation (3)

DREAM Act

* Aimed at allowing all illegal immigrants who arrived in the US before their 18th birthday a right to remain.
* Filibustered in the Senate, with Obama using executive orders to achieve some of this policy.

Gun Regulations

* Proposed in various forms by president and Congress.
* Legislation developed by VP Biden after Sandy Hook Newton shootings, was defeated in the Senate.

Budget Shutdowns in 2013

* Gridlock due to lack of agreement on Continuing Appropriations Resolutions.
* Lasted 16 days an costed an estimated $24bn.

Factors Limiting Impact of Congress (4)

* The President: can veto legislation passed by Congress. (Veto of Affordable Care Act Appeal 2016)
* Partisanship has decreased the will of parties to compromise, making it harder to create laws. (2013 could not agree on a budget despite shutdown)
* The Supreme Court can overturn acts of Congress using judicial review. Shelby County v Holder overturned key parts of the Voting Rights Acts.
* Congress is Internally Divided: may be unable to make new law (2013 Senate passed immigration reform but was not taken up by the House).

Congress has effective Checks over the Executive (3)

1. Congressional oversight: Congress has the power to conduct oversight of the executive branch, including the power to investigate allegations of wrongdoing by executive officials. This oversight can take many forms, including hearings, subpoenas, and requests for information. For example, in 2020, the House of Representatives conducted multiple oversight hearings on the Trump administration's response to the COVID-19 pandemic.
2. The power of the purse: Congress has the power to control government spending, which can be a powerful check on the executive branch. For example, Congress can refuse to fund executive branch initiatives or can use the appropriations process to attach conditions to funding. In 2019, Congress used the appropriations process to impose restrictions on the Trump administration's use of military funds for the construction of a border wall.
3. Impeachment: Congress has the power to impeach and remove the President and other executive officials from office for "high crimes and misdemeanours." While impeachment is a rare occurrence, it can be a powerful check on executive power. For example, in 1974, President Nixon resigned from office in the face of almost-certain impeachment and removal for his involvement in the Watergate scandal.

Congress does not have Checks over the Executive (3)

1. Partisan polarization: Congress is often deeply divided along partisan lines, which can make it difficult for lawmakers to agree on and implement effective checks on the executive branch. For example, in 2019, the Democratic-controlled House of Representatives voted to impeach President Trump, but the Republican-controlled Senate voted to acquit him.
2. Executive discretion: The executive branch has considerable discretion in interpreting and enforcing laws, which can limit the effectiveness of congressional checks on executive power. For example, the Trump administration often used its regulatory and enforcement authority to advance policy priorities that were opposed by Democrats in Congress.
3. Executive orders: The President has the power to issue executive orders, which have the force of law and can bypass the legislative process. While executive orders are subject to judicial review, they can be difficult for Congress to overturn or modify. For example, President Trump used executive orders to implement many of his policy priorities, including the travel ban and the withdrawal from the Paris climate agreement.

Congress can Limit the Supreme Court (3)

1. Confirmation process: Congress has the power to confirm Supreme Court nominees, which can give it some influence over the direction of the Court. For example, in 1987, President Reagan's nominee to the Court, Robert Bork, was rejected by the Senate due to concerns about his judicial philosophy.
2. Control over the Court's jurisdiction: Congress has the power to regulate the jurisdiction of the federal courts, including the Supreme Court. For example, in 2019, several Democratic lawmakers introduced a bill that would expand the size of the Supreme Court from nine to thirteen justices, which would require the Court to hear more cases and potentially limit its ability to shape the law.
3. Overturning a decision. Congress can reverse or amend a Court ruling. Oregon v Mitchell overturned the 26th amendment which allowed 18 year olds to vote.

Congress does not Limit the Supreme Court (3)

1. Lifetime tenure: Supreme Court justices serve for life, which makes them relatively insulated from political pressure and gives them considerable independence in shaping the law. For example, Justice Ruth Bader Ginsburg served on the Court for 27 years before her death in 2020, and during that time, she played a significant role in shaping the Court's jurisprudence on issues like gender discrimination and voting rights.
2. Judicial review: The Supreme Court has the power of judicial review, which allows it to strike down laws that it deems unconstitutional. This power gives the Court significant influence over the actions of Congress and other branches of government. For example, in 2012, the Supreme Court struck down parts of the Affordable Care Act, which was a significant legislative achievement of the Obama administration.
3. Partisan polarization: Congress has become increasingly polarized along partisan lines, which can make it difficult for lawmakers to reach consensus on judicial nominations and other issues related to the Court. For example, in recent years, several Supreme Court nominees have faced contentious confirmation battles in the Senate, with Democrats and Republicans often deeply divided over the nominee's qualifications and ideology.

Congress is gaining more Power (3)

1. Increased oversight: In recent years, Congress has ramped up its oversight of the executive branch, holding numerous hearings and investigations into issues like Russian interference in the 2016 election and the Trump administration's handling of the COVID-19 pandemic. This increased oversight can be seen as a sign that Congress is asserting itself more strongly in its role as a check on the executive branch.
2. Reassertion of institutional power: In recent years, some lawmakers have pushed back against what they see as executive overreach, arguing that Congress needs to reassert its institutional power. For example, in 2021, a group of bipartisan senators introduced a bill that would require the president to seek congressional approval before taking certain military actions.
3. Legislative achievements: In recent years, Congress has passed several significant pieces of legislation, including the American Rescue Plan (which provided economic relief in response to the COVID-19 pandemic) and the Infrastructure Investment and Jobs Act (which provides funding for a range of infrastructure projects). These legislative achievements can be seen as a sign that Congress is gaining more power and influence in shaping policy.

Congress does not have growing Power (3)

1. Partisan polarization: Congress has become increasingly polarized along partisan lines, which can make it difficult for lawmakers to pass significant legislation and exercise meaningful oversight over the executive branch. For example, in recent years, Congress has struggled to pass major pieces of legislation on issues like healthcare and immigration, and many oversight investigations have become politicized.
2. Executive power: Despite some pushback from Congress, the executive branch has continued to exert significant power and influence over policy. For example, in 2021, President Biden used executive orders to advance his policy agenda on issues like climate change and immigration, bypassing Congress in the process.
3. Judicial power: The Supreme Court has played an increasingly powerful role in shaping policy in recent years, particularly on issues like healthcare and voting rights. This can limit Congress's ability to pass legislation on these issues and can make it more difficult for Congress to check the power of the executive branch. For example, in 2013, the Supreme Court struck down a key provision of the Voting Rights Act, which had been a cornerstone of federal voting rights protections for decades.

Congress is Representative (3)

* Separate Elections for President and Congress: *the separation of powers arguably provides the most significant contribution to high levels of Congressional representation. Separate votes for legislature and executive. Maximises voter choice and allows electorate to select members of Congress according to their abilities. Lack of influence of executive over Congress makes Congress accountable to the public. (Susan Collins of Maine regularly voted against the Republicans to benefit her constituents.)*
* Complementary Representation: *voters have two choices rather than one. By providing both delegates and trustees there is alternate representation. House provide more short-term aims, whilst Senators provide a long-term ambition.*