Politics Paper 3 USA

Edexcel politics paper 3 :)

What are the origins of the US Constitution?

• Boston tea party (1773)

• Continental Congresses (1774 & 1775)

• Declaration of Independence (1776)

• Articles of confederation (1777)

• Ratification of the US Constitution (1788)

• Bill of Rights (1791)

What were the aims of the US Constitution?

• Limited government (liberalism)

• Separation of powers

• Checks and balances (between branches and prevents tyranny)

• Bipartisanship (unite all parties to value welfare)

• Federalism

Advantages vs disadvantages of codification and entrenchment.

Advantages:

• protects against tyranny as the explicit rights of individuals and states cannot be undone.

• process of amendments to the constitution is difficult, not impossible (27 since its creation) with 38/50 states and 2/3 votes in both houses.

• Vague language allows for interpretations to be made according to progression, which further allows for unforeseen issues.

Disadvantages:

• Does not move with social progression enough.

• The polarisation of congress and citizen politics ha made amending the constitution nearly impossible; hasn’t been one in over 30 years (the longest its gone since the 1800s between the 12th and 13th).

• Vaguity causes major problems i.e. Roe v Wade and the politicization of the Supreme Court.

Case that proves the enumerated vs implied rights exist.

McCulloch v Maryland (1819):

Maryland taxed the Second Bank of the US which was created by Congress. SCOTUS was asked to judge whether Congress was allowed to set up a bank. SCOTUS ruled that it was an implied right of the constitution.

Does the US operate within the constitutional framework of government?

Yes:

• Separation of powers and branches of government.

• President; checks and balances are mainly effective; veto and override, power of the purse, impeachment and commander in chief vs 60 day rule.

• Congress; role within legislation; executive orders and rules about constitutional

No:

• SCOTUS operates almost entirely without checks and balances. Only limitation being they cannot seek out cases.

• Separation of powers is weak, the president and congress nominate and appoint justices.

• They are very politicised institutions that act in accordance with the ideology of the presiding power, a complete disregard of bipartisanship.

Example of Congress creating legislation.

In every State of Union Address between 2010 and 2015, Obama asked Congress to pass immigration reform, this never happened.

Example of Congress using the veto override.

Achieved by a supermajority (2/3 in both houses). Obama’s veto of the Justice against Sponsors of Terrorism act (JASOT) was overridden overwhelmingly in both houses.

Example of Congress’ power of the purse.

A right to raise taxes, formed in appropriation bills (HoR) and the Senate can only suggest amendments. In 2018, government shut down because it lacked money following the dispute against Trump about Obama’s DACA (Deferred Action for Childhood Arrivals) immigration policy.

Example of Congress’ right to declare war.

Commander in Chief can only operate military action for 60 days until Congress needs to make a decision. Last declared war in 1942, joining World War II and declaring against 6 nations with the last being Romania.

Example of Congress’ ability to impeach.

Simple majority vote in the House of Representatives leads to a trial in which they must be found guilty by a supermajority. Donald Trump and Bill Clinton went through the process, they were either found not guilty or acquitted.

Example of an impeachment of a justice.

in 1805, Justice Samuel Chase was found ‘not guilty after his impeachment trial.

Example of Congress proposing a Constitutional amendment.

In 1913, the adoption of the 16th amendment; allowing for federal income tax to be levied.

Example of the President’s veto.

Happens quite often; in 1971, childcare almost became fully federally funded but President Nixon vetoes it and claimed it would weaken the nuclear family structure with a ‘communal approach to childcare’.

Example of power of the pardon.

On Obama’s last day as President, he granted 330 commutations to non-violent drug offenders.

Example of the power of Judicial Appointments.

Trump made 3 appointments to the SCOTUS in just 4 years, flipping the balance to majority Republican.

• Neil Gorsuch

• Brett Kavanaugh

• Amy Coney Barrett (on the death of Ruth Bader Ginsburg 2 months before the 2020 election).

Who did Congress refuse to trial for nomination to the Supreme Court?

Merrick Garland’s refusal to the SCOTUS as it was ‘too close to the election (8 months before).

What does the first amendment decree?

Right to freedom of the religion, speech, press, assembly and petition.

What does the second amendment decree?

Right to bear arms in form of militia.

What does the fourth amendment decree?

Right against unlawful searches and seizures. Right to privacy.

What does the eighth amendment decree?

Right to be free from cruel and unusual punishment.

What does the tenth amendment decree?

Right for states and individuals to retain rights.

Is the Constitutional amendment process effective?

Yes:

• Ensures amendements are well thought through and supported by most of the country it serves.

• It protects the anti-tyranny principles of the Constitution; Trump described the system of chess and balances ‘archaic…It’s a really bad thing for the country.

• It also stretches to prevent tyranny of the majority; the most populous 5 states hold 37% of the total population and it ensures that the most populous states can’t just overturn and amend the constitution in their own favour with a simple majority.

No:

• It has prevented necessary amendments; those on the campaign finance reform. Campaign finances reached over a billion in 2008 and disparities between factions are perpetuated.

• Outdated elements of the Constitution still remain; Electoral College vs popular vote in which the last five elections resulted in a President who did not win the popular vote, just electoral college votes.

• Powerful SCOTUS. Roe v Wade.

• An amendment to the constitution that recognises the LGBT

Debate over the marijuana legislation.

Under Obama, Department of Justice issued a memo stating it would not pursue marijuana use in states that it is legal in. Under Trump, it rescinded this memo. However, that’s up to the states.

What age can you learn to drive in Alaska?

14.

How many states currently allow the death penalty?

30

What os the variation of income tex from state to state?

0% in 7 states vs 13% in California.

What is a court case that limits the use of the seat penalty federally?

Kennedy v Louisiana (2008)

Example of government shutdown and gridlock.

In January 2018, even when one party controlled both congress and Presidency. For 2 days there wasn’t a federal government.

How many sit in the House of Representatives.

435 representing around 750,000 people and established in 1911.

How much as the average campaign cost for a seat in the Senate?

$10.4million

How much campaign finance did incumbents vs challengers raise?

$12.7mil vs $1.5mil

What is gerrymandering?

Changing congressional districts to give one party an advantage (FPTP).

An example of the effectiveness of gerrymandering.

In 2016, 4th Congressional District of Illinois was shaped to be a majority hispanic district (2/3 population). This benefitted the democrats.

Example of the implied rights of Congree.

Alexander Hamilton’s set up of the first bank of America in 1791; inferred through the right of collecting taxes.

What are the powers of the House of Representatives.

• Power of the purse

• To bring charges of impeachment.

• To chose President if electoral college is deadlocked’ this happened in 1800 Jefferson vs Burr.

What are powers of the Senate?

• Ratify treaties.

• Confirm appointments

• To try cases of impeachment

• to choose Vice President if electoral college is deadlocked.

What are powers shared by both?

• To create legislation

• To override veto

• To propose constitutional amendments

• To declare war

• Confirm a new VP

An example of an executive order.

Obama has to issue EO to to ensure that abortion would not be funded with Federal money to overcome Congress’ opposition to abortion.

What were the circumstances of Bush’s veto overrides?

After losing control of both houses, 11/12 of his veto overrides occurred.

How many vetoes did Obama threaten in his 6 years in office?

148, he only did it twice.

An example of Trump threatening a veto.

2018 - He tried to veto any immigration bill that did not include the ‘four pillars’ laid out by his administration - a path to citizenship, securing the border, end to ‘green card lottery’ and to end ‘chain migration.’

What is a filibuster?

A prolonged speech given on the floor of the Senate to prevent further action on legislation.

What is the cloture rule?

The number of senators needed to pass a cloture motion is 3/5 out of the whole senate membership. 60 senators.

What was the longest filibuster in senate history?

1957 Senator Thurmond against the Civil Rights Act. He spoke for 24 hours and 18 minutes.

What re the expressed powers of the President in the Constitution?

• Commander in Chief

• Negotiate treaties

• State of Union Address

• Appoint Ambassadors and judges

• Recess Appointments

• Powers of the Pardon

• Approve or veto legislation.

And example of a Bill signed with media present.

President Bush - No child left behind Act 2002.

Example of Obama threatening and using a veto.

Keystone Pipeline 2015 as it’s environmental impact was far too much.

Example of a successful policy laid out in a State of Union address?

Obama - Gay rights 2010 ‘Don’t Ask, Don’t Tell’

Example of a failed policy laid out in a State of Union address?

Clinton’s health reform (1994).

An example that was close In populous vote, resulting in a weak mandate.

2000 where Gore won 500,000 more votes yet George W. Bush was made President.

An example of the President winning less of the populous vote.

2016 - 62mil vs 65mil R vs D. 304 vs 227 Electoral college votes.

What happens as a result of the ‘coattails effect.’

A popularly elected President can attract more support from Congress. On the other hand, less popular Presidents will have same-party members of Congress distance themselves.

Example of when national events have helped Presidential power.

Poll ratings for George W. Bush significantly increased after 9/11. Hurrican Sandy that took place during the 2012 election and effected 24 states allowed for Obama to gain popularity.

Example of when national events hindered Presidential power.

George W. Bush's handling of Hurricane Katrina was deemed too slow, and support for him dramatically declined. Obama and the constant looming economic crisis following 2008.

Whats the Oberfell v Hodges case (2015)

Requirement of same-sex marriage to be recognised in every state

How many electoral college votes did Jefferson and Burr win?

73 each.

Who are the current justices of the SCOTUS.

Roberts, Coney Barret, Thomas, Kavanaugh, Gorsuch, Alito, Sotomayor, Kagan, Jackson.

What was the Citizens united v FEC (2010) case about?

Campaign finance; due to 1st amendment, the SCOTUS rules that Super-PACs (which raise unlimited funds for campaigning)were constitutional.

What was theBrown v Board of education case about?

‘Separate but equal’ treatment of African American students in education; desegregation of schools.

What are the four Guantanamo Bay SCOTUS cases?.

• Rasul v Bush (2004); foreign detainees can petition for habeous corpus.

• Hamdi v Rumsfield (2004); detainees have a right to due process.

• Hamden v Rumsfield (2006); using military commission to try detainees is unconstitutional.

• Boumediene v Bush (2008); detainees have a right to try their cases in US Courts. Military Commissions Act 2006 was unconstitutional.

What happened in the Gibbons v Ogden (1824) case?

It was one of the first cases that demonstrates the SCOTUS power over regulating Congress as it ruled Congress were allowed to regulate interstate commerce in the commerce clause of the Constitution.

What happened in the Schuette v Coalition to defend affirmative action (2014) case?

The ban on affirmative action in Michigan State Constitution was unconstitutional.

What happened in the Fisher v University of Texas (2013 and 2016) case?

Although race could be a consideration in university admissions, it needs to be necessary. 2016 found that the UoT admissions policy met requirements of ‘strict scrutiny’.