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To what exent does separation of powers exist in the USA?
2 For very sig.
2 for not very sig.
No person can simultaneously serve in both CONGRESS and the LEGISLATURE. Clinton resigned as senator for New York when made secretary of state
Prevents elective dictatorship. President’s policy must get through via Congress
US Supreme Court is one of the most politicised
Vice president (executive) is also the Senate president (Legislature)
President’s Checks on Congress (3)
President vetoes acts or resolutions passed by Congress
Trump vetoed the removal of state of emergency status from US-Mexico border
Presidents often threaten the veto to dissuade Congress from passing an unwelcome measure
Obama made four veto threats in 2015 State of the Union Address; stiffer Iran sanctions
Presidents can issue executive orders to bypass needs for formal legislation
2017 Trump introduced travel ban on visitors (‘Muslim Ban’)
CONGRESSES’ Checks on the COURTS (2)
Congress can impeach federal justices
2010 Louisiana Federal Judge was impeached for corruption by Congress
Constitutional amendments can be done to overturn supreme court
1896, court found national income tax to be unconstitutional but was reversed by 13th Amendment in 1913
PRESIDENT’S Checks on the COURTS(2)
President nominates all federal justices
Obama appointed Sonia Sotomayor + Elena Kagan
President can issue pardons and commutations
Gerald Ford pardoned Richard Nixon
CONGRESSES’ Checks on PRESIDENT (3)
Presidential veto can be overturned by a supermajority in BOTH houses
Congress overturned Obama’s veto of JASTA
Senate can reject President’s decisions
Biden 2020 pick of Neera Tanden as Director of Budget didn’t secure enough votes
Congress has the power of the purse
Congress REJECTED Trump’s attempt to get full funding for his Mexican border wall
COURT’S checks on the EXECUTIVE (2)
Court can rule president’s actions as illegal
Hamdan v Rumsfeld 2006, Court ruled against George W Bush setting up special military trials for Al Qaeda
Court can declare acts previous of Congress to be illegal
Defence of Marriage Act 2013 was ruled illegal
2 for yes and for no
Only 27 amendments in over 200 years
Many amendments have been blocked like Death Penalty Abolition Amendment 1992
Founding fathers wanted it be difficult WITHOUT widespread support
Stops entrenched rights, Bill of Rights, from being taken away
Informal Updates to Constitution (2)
Right of those to ‘remain silent’
Miranda Rights
Right of privacy to mobile phone data
Carpenter v US 2018
Current Balance of Power B/T Individual States and Fed Govt
States can legislate in areas… (3 points)
Able to legislate on abortion
North Dakota has tightly restricted abortion
Death penatly
Texas has death penalty but Alaska does not
States manage laws regarding elections
Alabama had literacy tests barring blacks
Protection of Civil Liberties and Rights in US (2 examples of amendments)
First Amendment rights to free speech
Fifth Amendment rights to not incrimate oneself
How Well does US CONSTITUION protect individual rights?
VERY WELL and LESS WELL 2 points each
Bill of rights protects many rights
Constitution doesn’t stop Acts of Congress protecting rights like Equal Pay
rights can be undermined by congress (patriot act 2001)
some groups are not protected like children of gaygaygays
- Name the 5 backgrounds and give an example
Former Politicains
Academics
Epxertis in their field
Lobbyists
Millitary officers
Former politicians:
- Hillarly clinton served as Obama's secretary of state
Academics:
- Obama appointed Physicist Steven Chu as secretary of eneregy
Experts in their field:
- Steven Mnuchin, secretary of the treasury in 2017, was an invetment banker and hedge fund manager
Millitary Officerrs:
- Biden appointed retired general as secretary of defense
Lobbyists:
- Trump hired Andrew Wheeler, coal lobbyist as head of Evironmental Protection Agency
Executive Office of the President
- White House Office—who decides thet staff?
- National Security Council—what does it do?
White House Office
- Staff entirley decided by Presidenet
National Security Council
- Includes Vice President, Secretary of State + Other key secretaries of important deparmetnets. Manages US responses to domestic or international crises
An imperial or Imperriled Presidency
3 points for Nixon’s presidency being imperial and the counter from Ford
Nixon's presidency was imperial because:
- Authorised millitary intervention in Cambodia and Laos, without telling Congress
- Watergate, corrupt and illegal methods
- Continued the war in Vietnam without approval from Congress
However, Ford argued against this saying:
- The federal bureaucracy was impeding the government by stopping the agenda to reduce government intervention and spending
- Emergency powers have been used to limit civil liberties in vairous ways
1. FDR ordered the internment of Jap-Americans during WW2
2. 9/11, GWB allowed terror suspects to be detained without trial
3. Obama laucned x10 drone strikes
4. Trump banned US citizens from travelling to EU countries
IMPERIAL 3 POINTS:
IMPRERILLED 3 POINTS:
IMPERIAL 3 POINTS:
imperial presidency:
1. presidents can pass executive orders
2. president can use emeregency powers to get funding he wants
3. presidents have never been impeached
IMPRERILLED 3 POINTS:
imperilled presidency:
1. president usually asks congress before sending military
2. supreme corut may overturn exective orders like muslim ban
3. Congress can be controlled by opposition leading to gridlcok
1 or us
3 for uk
- us separation of powers means that president's powers are more limited
- President can suggest legislation to congress but may be rejected
- PM can pass leglislation easily
- PM can use powers of patronage to offer gov job to MPs as incentive to vote for legislation
- Whip system ensures strict party discipline
uk structural theory leads to adjective describing passing budget
us strucutral theory leads to what could potentially happen during budget each year
- Difficult to reach agreement on President's budget each year, can EVEN lead to shutdowns
- Govt shutdowns do not happen, governemtn has majority so easy to pass budget
is there a legal need/convention in each nation?
- Legal need for presidnet to declare war, but sometimes ignored
- No legal need but convention requires PM to ask parliament
US:
- President is direcrtly elected
- Presidnet cannot be elected for more than two terms
UK:
- PM is leader of elected party
- PM has no term limits
President does:
1. President is the sole head of the executive, cabinet only informs him
2. President is the sole executive, commands millitary and is head of state
3. Presidents cannot be removed, unlike PMs, during a term of office
4. President has emergency powers—internment of Japs
PM does:
1. PM can use whip system and powers of patronage to DOMINATE MPs from their party
2. Pms do not have term limits
3. PMs with a large majority and party discipline have a 'elective dictatorship'
US Cabinet...
1. Cabinet nominees need senate confirmation
2. US cabinet officers are policy specialists in THEIR area
3. Cabinet officers are anyone the President wants (experts, lobbyits…)
UK Cabinet...
1. PMs can appoint whichever MP they want to cabinet
2. UK cabinet ministers tend to NOT be policy speicalists
memeber s of cabinet are elected MPs
For State’s Rights Ruling 2 overturnings
For uniform constitution 2 overtunings
For State’s Rights Ruling:
Murphy v National Collegiate Athetlic Association 2018 was overtuned by Congress which meant that states could authorise sports gambling
Roe v Wade was overturned which meant states could control Abortion laws
For uniform constitution:
Obergefell v Hodges meant all states HAD to allow gay marriage
DC v Heller meant that all states HAD to respect gun rights
3 points
UK has parliamentary sovreignty but the US congress was created to be checked by the Supreme Court
US Supreme court can strike down laws as unconstitutional (Roe v Wade)
UK courts cannot overturn legislation, only provide reccomendation
Federal v Unitary system
The US states can have their own laws like controlling Abortion
UK devolved nations’ legislation can be blocked by Westminster like; Scottish Gender Recognition Reform Bill 2023
Separation of Powers in US and NOT in UK
US has clear separation so Congress can override a president’s veto (JASTA)
UK doesn’t so whipping system ensures easy passing of legislation
Yes, 3 points
No, 3 points
YES:
Nomination of justices is HIGHLY politicised
Court effectivley acts as the third house to CREATE legislation
Court decided the outcome of 2000 Bush v Gore election
NO:
Justices are free from political influence as they have a life tenure
If Congress wanted, it could initiate amendment of constitution to overturn the court’s decision (Lilly Ledbetter)
Judicial activism is necessary to ensure equal rights (Brown v Topeka 1954)
tenure of justices
judicial approach
characteristics of judges
Tenur of justicies:
UK justtices must retire by 70
US justices do not have a limit
Judicial Approach:
Uk judges follow precdent
Conservative US judges practic judicial restriant but some follow the ‘Living Constitution’ Approach and make decision to improve society
Characteristics of Judges:
Women are underepresnted on both
UK had a female president on the corut but US have never
Impact on culture/society:
Brown v Topeka led to END of racial segregation + Obergefell v Hodges led to GAY marriage legality in US
UK has not made any judgments of the kind
Impact on the executive/legislature:
US constitution is sovreign and so Supreme Court has ‘fundamental laws’ it can interpret to rule on laws passed by Congress (ALOT!(
UK pariliament is sovereign so Supreme Court often defends parliament (R Miller v PM 2019) ruled that prorogation of parliament was illegal
Impact on federalism/dev:
Both tend to support BIG GOVERNMENT vs devolved states. Supreme Court of UK blocked the UK Withdrawal from the EU (Scotland Bill) 2018 as Scotland couldn’t write it’s own EU laws
similarties
differences
SIMILARTIES:
Security of tenure allows for INDEPENDENT judgements
Separation of powers gives judicaries indepence from other branches of gov
DIFFERENCES:
'US courts can use ‘fundamental laws’ to become judicially activist and ‘legislate from the bench’
UK court cannot do much because parliament is sovreign but in US consitituuion is sovreign
US court has highly politicsed appointments but UK does not
1 difference
DIFFERENCE:
US judges follow THEIR OWN biases when ruling on legislation. UK justices follow a RESTRAINED judicial approach
2 similarties
1 difference
SIMILARTIES:
Both cultures prize the rule of law with a judiciary that holds the government to account
Both cultures have had a populist trend of hating on the court. Trump warned that ‘any terrorist attacks’ should be blamed on the Supreme Court for banning his Musline Ban. Boris Johnson’s government — accused court of judicial ‘meddling’
DIFFERENCES:
UK supreme court has a less high-profile court whilst the US supreme court makes high-profile judgments on abortion and GAY rights
2x access points compared to uk
Supreme Court;
ACLU submitted amicus briefs to Obergefell and NAACP supported Brown v Topeka.
UK less so, but recently Liberty Pressure Group won case to declare Public Order Act 2023 unlawful, furthering their aims
Governors:
US has directly elected governors than can be lobbied ( pass important legislation like Governor Kasich who expanded Medicaid to + low income Ohioans)
UK doesn’t have an equivalent in each region
3x points total
1. Access to Decision-Makers
US: Insider groups regularly use iron triangles (NRA + Congress + gun manufacturers) to shape policy.
UK: Insider groups (CBI) gain access via consultations but face tighter limits due to party discipline and centralised executive power.
2. Use of Judicial Pathways
US: Groups use e.g., ACLU in Obergefell v. Hodges (2015) (gay marriage)
UK: Limited until recently; Friends of the Earth used judicial review in Heathrow Expansion case (2020).
3. Political Campaigning & Finance
US: Super PACs (Priorities USA) spend millions due to First Amendment protections
UK: Spending capped; £390,000 limit in general elections. Groups like Unite must register
4x uk
3x us
UK:
Industry Worth: £2 billion
Lobby Ban: 2-year ban on ex-ministers lobbying (e.g. David Cameron scandal lobbying for Greensill Capital in 2021 legal)
Transparency Rules: Lobbying Act 2014 – only covers consultant lobbyists, not in-house
Scandal: ‘Cash for Questions’ (1994) – MPs accepted bribes for parliamentary questions.
US:
Industry Worth: $3.47 billion
Revolving Door: Dick Cheney (Halliburton link before VP role).
PACs/Super PACs: Legal way for interest groups to fund campaigns – Citizens United v FEC (2010)
Used more widely in US x2
Equal usage x1
Used more widely in US
senators have strong incentive to keep financial backers happy as a seat costs $19 million but in the UK pressure group electoral spending is heavily restricted
US pressure groups spend more heavily on tv advertising but pressure groups cannot do this in UK
Both
Both use social media adversiting during elections
Differences x3
similarities x1
Differences x2
Gun rights and pro-life supports GOP and vice versa for Dems
UK are often charities so cannot endorse political candidates
Trade unions, used to, have strong links to Labour Party but Democratic party does not have same links with AFL-CIO.
Similar:
Both Dem party and Labour recieve large amounts of funding from big business pressure groups
TU inlfuence is diminishing in both nations as both nations have 50% less union members now compared to 1970
3 structural differences and impact on pressure group actiivity
Sturctural difference
More powerful US SUPREME COURT
Legal challenges are much more commonly used by us pgs than in uk
weaker trade unions in the us
workers rights are better protected in uk
unlimted us election spending
vastly more money is spent by us pressure groups in elections
2 difference and sim
Individualism vs Collectivism
USA Strong culture of individual rights → more single-issue groups (NRA)
UK More trust in state solutions → more insider groups (BMA) work with gov
Methods Protest culture stronger in UK, litigation in USA
USA First Amendment = strong legal activism → ACLU using courts
UK Protests and direct action more common → Extinction Rebellion’s London
Wealth and Access Matter
USA Lobbying by wealthy PGs like PhRMA dominates Congress
UK CBI has insider access
Role in Participation
UK Greenpeace campaigns on climate
USA Moms Demand Action post-school shootings
-3 strenghts and3 eakensses
Strehgtns 3
clear results at each eleciion
lots of chancs for political participation —- us has many elections
primaries allow normal citizens to secltet party candidates
weakness 3
us system is two party only
there are many elections in the UK so voters suffer from voter fatiuge
two parties often control one branch of legislature each so girdlock is common—2018-19 border wlall funding during trump admin
3 chracterisitcs points
Frequent
Niched down onto the voters they want to attract (blacks, white evangelics)
Heavily spent on — 14Billion USD for 2020 election
adv:
They road-test candidates personality and knowedlge of policy isses
ordinary people can discuss their views on caincidtates#
boost poltical engamgnet as people an choose their party’s candidates
DSAV
Turnout is low in prmaries and a March 2016 poll said that just 35% of voters think primariers are a good way of slecting the best nominees
Outsiders rarely win like Bernie instead George H W Bush won
caucaus meetings lack voter secrecy
3 argumetns for and gainst
Against the electoral colege:
winner of popular vote can also not be the winner of the president like Gore in 2000 and Clinton in 2016
Smaller states are overrpresented like Wyoming has almost 7x electoral votes per person than California
Drawn up in a vastly different ‘founding farther’ era
agrgumnents for the elecotral college:
Normally delivers the democratic result the opposite only occurs when the voting system has an error
Nationwide vote would lead to candidates just focusing on large urban areas
faithless electorshave never affected the final eleciton outcome
3 factors and example
Incumbency
this helps winning a new eleciton MASSIVLEY
2018 incumbents who shought re-election won 90% of the time
this is because they can show previous acheivements of having secured funding or created jobs
Collin Peterson was re-elected despite being a DEmocract and his distrcit backing Trump, this was because he was a 30 year incumbent
Media
attack ads are very effective for dissauding voters to not vote for another candiaes
Daisy ad of 1964 implied that a vbote for Goldwater could lead the USA into nucelar war
Money
Lower spending candidates can still win
Trump was heavily OUTSPENT vy hillary clinton
Direct democracy in the usa
ballot initiatives:
proposed by voters, if gets enough signatures then placed on the ballot at eleciton time
recall electons:
voters can force an elected state official to face re-election before their full term is over
only ever happened to 2 governors, gray davis replaced by Schawrnnegger
referendums
when state legislature passes law but is reuqired to pose it to the people for approval
albama 78% of voters supported putting the 10 commandments in court houses
yes 3x
no 3x
yes:
electione expenditure boomed in 2020 almost 2xing 2016
need for fundraising (14m for senate seat) distracts senators from law making to fundrasiing
matching funding has died out since McCain accepted in 2008
no:
2016 saw less spend than 2008 and 2012 so increasing expensditure is not continual
PACs and Super PACs must disclose donors so transparency exists
political donations are partt of the free market
good and bad 3x each
Work well:
Over 120 statewide measures in 2020 shows they’re popular and widely used.
NRA backed a 2014 Alabama measure to strengthen gun rights.
In 2022, California’s Prop 1 added the right to abortion to the state constitution.
Work badly:
Low turnout 35% on non election years
Big money dominates – Uber/Lyft spent $200m on Prop 22 (2020) to avoid classifying drivers as employees.
Voters may lack expertise to make informed decisions on complex issues.
3 rerasons
voters are requireed to register to vote
some ex-felons are barred from voting
some states make voting postal hard
2 key legislations in each nation
US has Civil Rights Act 1964
UK has equality Act 2010
two pieces of leg. one each
USA Partiot Act 2001 —- gov can carry out searches of homes, businesses and phone records WITHOUT a court order
Terrorism Act 2005 (repealed in 2011) — potential terrorists can be tagged, have internet restricted and be put on curfew without EVIDENCE
sexual harassment
abortion differences
Both nations saw ‘metoo’ and ‘timesup’ campaigns
debate on abotion has been most-different:
None of the main uk parties want to ban abortion and has been legal since 1967
US has now been overturned — 56% of americans consider themselves religious
Both Conservatives and Reps are against increasing their rights 1x exmaple for each nation
Both Conservatives and Reps are against increasing their rights:
Trump was opposed to the supreme court judgements to BAN employers from firing their employees for being transgender
BoJo cancelled govt plans to mkae legal gender change easier
2x differncees
1x similarties
Differences:
US Pressure groups use the courts more frequently, as supreme court is more powerful in strilking down legislation
US pressure groups SPEND far more money, as there are no limits on election spend
Similarities:
Both use marches, rallies, lobbying
3 points of strucutral difference of civil rights
Entreched v Flexible Constitutuions
Entrechment of civil liberties in the US consitution means that libertiers are more protected than in the UK
Sovreignty of US consitution
Parliament is sovreign so elected parlaiment decides. USA consituiton is soverign so supeme court decides
Campaign Finance Rules
Different rules on political donations have resulted in USA pressure groups spending a lot more on political campaigning than in the UK
Similatiy:
infirngment of an individual’s rights have sparked campaigns in both countries
Brown v Topeka
Gurka v Secretary of State
Politicans also decide to expand civil rights
Lydon b Johnson passed Civil Rights Acts 1964
PMBs passed Abortion Act 1967
2x points for both nations
2x points for difference
Long-standing racial inequalities
– Both nations have experienced systemic racism (e.g. US: post-slavery segregation; UK: Windrush scandal).
Civil rights movements emerged culturally
– Influenced by grassroots activism (US: 1960s civil rights movement led by MLK; UK: 1970s anti-racism protests like the Bristol Bus Boycott).
Constitutional context
– US rights embedded in Bill of Rights and Supreme Court rulings (e.g. Brown v. Board of Education), while UK relies on evolving statute law (e.g. Equality Act 2010).
Role of race in national identity
– In the US, race is central to national debate and political identity (e.g. Black Lives Matter, culture wars). In the UK, race is more marginalised in mainstream politics, often framed as immigration or multiculturalism issues (e.g. 2020 BLM protests had less political impact).
Democrat Party Principlies
Government welfare
Big government can empower individuals by ensuring their basic needs are met
Economic Fairness
Democrats want to continue reversing Trump tax-cuts
Healthcare Access
Democrats want to lower prescription drug costs
Civil Rights and Euqality
Democrats support the Equality act which would ban discrimination against GAYs
GOParty Principlies
Border SECURITY 🔒
Tax Cuts ✂
Increase Oil Usage 🛢
Restricting Abortion 👶
0 Share similar characterisiticxs with big parties but are their own serpatate structure
0 democrat example
ex:
Democratic Socialists of America
Despite their own mebership they work to secure victory of MOST progressive democrats in elections
South — demoract → republican
1976 was the last time a Democrat won all the south
Both parties have become more liberal or more conservative
Republicans adopted.. to win the south
Strong law and order side — combat ‘68 riots
Opposition to forced diversity
Traditional values
Bipartisanship → Uniformity
Civil Rights Act 1964 (69% of democrats) → 0 Republicans voted to impeach trump
Very united:
2018 — 90% of party members stuck with thier party
Since 1994 parties often have manifestos (2018 Better Deal program)
Both parties are cohesive on abortion and guns
Very divided:
INFRASTRUCTURE BILL 2021, BACKED BY BIDEN. 19 REPUBLICAN SENATORS AND 13 HOUSE REPBLICANS VOTED WITH DEMOCRTAS TO PASS INFASTRCTURE BILL and House passed bipartisan CARES act (covid)
House republicans voted with demcorats to oust Kevin McCarthy (house speaker) 2023, Freedom Cacus + Matt Gaetz with Dems
Ben Staffe (prominentn Rep senator) and MORE opposed Trump’s policies like; Steel tariffs on EU imports 2018
Neutral line on woke stuff
Fiscal responsibility
Largest faction
Centrist wing
Most gay and liberal
Environmental protection and energy indepence
Moderate responsibility
Largest faction
Small government
Traditional values
Social conservatism
Libertarianism
In decline:
Most party names and symbols are absent from president’s ads and posters 📛
Most rallies and ads created and paid for by candidates not the party 💵
National Party Convetions are insignifcant — due to power of primaries, it is just a telivised convetion to demonstrate party unity but presidential candidate nominee is practically already confirmed 📺
In renewal:
Personal message of candidates aligns with party policy 🎉
Split ticket voting has decreased in recent decades, 2016 saw 100% alignment between senate and presidential vote 📏
Voter turnout is higher that it was in 1996 👈
-arguments for singifncance x3 and against
Arguments for singifcance of third parties:
3rd parties bring attention to issues — Green party pressures Dems on environemntal policy
Can alter outcomes of election! Ralph Nader won 100K votes in florida helping Bush beat Gore
Some indpenedts win local elections — Bernie sanders has won vermont senator
Aguments against signfiicance of third parties:
Electoral system makes them weak — Ross Peort won 19% of electorate but 0 ECVs
Lack of media coverage — Libertarian candidate was exluced from all presidential debates
See third parties as wasted vote (many lefts didn’t vote Green)
3 methods
Voter scorecards
US Chamber of Commerce releases a ‘how they votrd’ scorecard for each member of congress. NRA grades each candidate from A to F on voting record for gun rights
Lobbying
Goldman Sachs and JP Morgan had ove 350 meteings with federal agencies from 2010-’12
Ballard Partners helped Trump lobby Flordia gov so then when T became president, Ballard Partners gained 100 clients in 2 years
Using the Coruts
NAACP — Brown v Topeka
Amicus Cuaraei briefs, 148 submitted to Obergefell v Hodges 2015
Spening always equate to victory
NRA spent 30 million for Trump in 2016 but was ‘dissapointed’ as the administration then banned bump stocks, which make semi-automatic rifles fire much faster
Hilarty Clinton got way more money in 2016 for President but lost to Trump
3 evidence for its existence
members of congress have personal investments in defence companies, 51 memebers of congress owned a combined 5.8$ million worth of shares in defence companies
Some members sit on defence committees receive substantial donations — joe courtney who oversaw naval and marine corps contracts had defence contractors as his biggest contibtuor in 2019
Big Pharma, lobby congressional committees key members like Anna Eschoo who received hundreds of thousands of $$$ from big pharma in 2020
2 for and against
**FOR Pressure Groups being more powerful:**
- Continuous Influence vs. Electoral Cycles
Pressure groups like the NRA or CBI lobby governments year-round, regardless of who is in power.
- Specialist Resources & Expertise
RSPB influenced UK policy on HS2 environmental damage.
**AGAINST – Political Parties are more powerful:**
- Control of Government and Legislation
Only parties form governments and pass laws ( Conservatives 2019–present enacting Brexit policies).
- Pgs rely on parties to pass legislation
Depend on political parties to act on their demands. Trade Union Congress (TUC) needs a Labour to enact pro-worker reforms
yes / no 2x
ye:
super pacs are funded by a tiny minority of citizens — less than 1% of americans provided 2/3 of funding for federal candidates in 2016
increased infuence of super pacs has made democratic will of the people less strong than pressure groups
no:
High spending doesn’t guarantee votes.
Example: 2020 – Michael Bloomberg spent $1 billion and won only American Samoa.
PACs and Super PACs cannot coordinate directly with campaigns.
Example: 2016 – Jeb Bush had strong Super PAC support but still lost early.
yes no 3x
yes — too powerful:
they are eltisit, well-funded groups have more influence than smaller groups
iron triangles lead to exec taking decisions that don’t benefit the people — vietnam war
amicus curaie briefs favour wealthy pressure groups that can afford to fund them
no — not too powerful:
pressure groups are essential to pluralism and protected by 1st amendment
social movements are an alternative (cheap!) to pressure groups — civil rights movement for african-american in 60s
legislators are accounable every 2 - 6 years so americans can vote to remove them
USA:
→ Codified constriction - rights are entrenched (Bill of Rights)
→ SCOTUS can use judicial review to change protections (Roe v Wade)
→ Federalism means states have varying levels of protection (Texas enforces use of toilets based on sex whilst California banned conversion therapy)
→ Life-time appointed judges so they are free from political pressure
UK:
→ Uncodified constitution, rights are just protected by statues - but easily adaptable
→ No judicial review
→ Parliamentary sovereignty leads to weak protection during crises (Investigatory Powers
Act 2016)
Evaluation:
→ US is weak structurally — rights are entrenched but this leads to rigidity blocking progress
→ UK is strong structurally — rights are more vulnerable to political shifts but highly adaptable
USA:
→ Bill of Rights sacred - rights violations spark opposition (protests against Snowden data collection led to USA Freedom Act to limit data collection)
→ Culture of taking issues to court to protect civil rights (Masterpiece Cakeshop v Colorado)
→ Protest culture, Civil Rights marches like 1965 Selma Montgomery marches led to protection of minority rights - Voting Rights Act 1965
→ “Tyrannical” government mistrust - court has strong checks on legislative powers to defend rights (Trump’s attempt to remove Deferred Action was blocked)
UK:
→ Less legal activism (although recent examples like “Liberty” overturning Public Order Act 2023)…
→ …preference for political protections - Marriage Same Sex Couples Act 2013
→ Emphasis on collective welfare, public largely supported Covid lockdown measures
→ Support for parliamentary sovereignty - Investigatory Powers Act 2016, damaging civil rights
Evaluation:
→ US is stronger culturally — citizens value individual rights and can make significant changes through the courts
→ UK is weaker culturally — citizens prefer to defer to parliament and trust institutions more
USA:
→ Courts have strong powers to strike down leg. (NAACP in Brown v Topeka and ACLU in Dobbs)
→ Judicial appointments chosen by president (Trump: “a woman of great faith and she will rule based on the Constitution) so can support/strongly oppose president
UK:
→ Parties can limit civil rights to gain support (Cons proposed removing ECHR with British Bill of Rights)
→ Media is used as a tool to achieve aims of Pressure groups on civil rights, Amnesty UK on Chagos Islanders’ rights
Evaluation:
→ US is weak rationally — strong ability to protect but also put in danger civil rights via the courts
→ UK is weak rationally — system depends on parliamentarian’s will
ECVs
→ 312 for Trump
→ 226 for Harris
Percentage
→ 49.8% for Trump
→ 48.3 for Harris
Democratic Platform
Abortion
Strengthening Affordable Care Act
Continuing Ukraine and Israel support
Republican Platofrm
Isolationist
Anti-transgender policies
Skepticisim of UKR
Why Trump Won
Gains with working class
Unpopularity of Biden
Inflation surge from 21-’23
Role of FPTP
Most undemocratic in history
Starmer won 1.8x seats than votes, on just 34% of vote
Election Facts
Second lowest turnout in post-war of 59.4%
Everyone knew Labour would win, so even Labour voters stayed home
Many Lib-dem and Labour voters voted tactically to kick out tories
Lib-dems
→ Won 71 seats (HIGHEST ever!)
Reform
→ Gained 4 seats on 14% of vote
Conservatives
→ Lost 225 seats
Labour
→ Mainly won due to anti-tory sentiment
3 functions
Congressional committees can review bills
→ Most bills DIE at this stage
Congressional committees can monitor the executive
→ Increases accountability as high profile during Watergate
Congressional committees review nominations before the senate vote
→ Hearing for Brett Kavanaugh was high profile, showing significance
3 explanaitons with examples
voters choose party based on best match with their own interests
→ UK, fall of the red wall
voters choose party who will best manage the economy
→ UK conservatives were rewarded in 2015 for handling post-2008 economy well
→ US Obama was also rewarded for handling this well in 2012
voters may support the candidate that opposes the party they HATE
→ UK voting for Lib Dems is common to oppose the tories
→ US voters chose Dems or Reps to avoid wasting votes on Greens
3 ways it does with supreme court cases to support the amendment mentioend
freedom of speech without fear from government censorship
→ Tinker v Des Moines, Supreme Court upheld 1st amendment right for students to wear armbands in protest
warrants are needed for searches
→ Mapp v Ohio evidence obtained illegally is inadmissible in court
protection against self-incrimination
→ Miranda v Arizona, suspects must be informed of their rights when arrested
Name the 3
key policies of each
Most left wing
Universal healthcare
Environmental protection
Income equality
Centrist
Pro-growth policies
Seeks to bridge the gap across the aisle
Conservative
National security
Moderate towards abortion
is this currently the case? give 2 peices of evidence for an against
name the two cases
2014, gallup poll — 42% claimed to be ‘independant’
However only 10% actually claim they are ‘definite independents’
Economic crisis on 30s’
Created more support for Democrats, with the New Deal Coalition dominant until Truman
1960s & 70s
Democratic party became much more fiscally and social LIBERAL
Medicare/medicaid
Desegregation
Republicans (Goldwater) was opposed to the Civil Rights Act so gained in the ‘South’ & Nixon created the Southern Strategy
Prayer in school
States rights
how do we know who wins x3
when is it
Before the actual primary
Endorsements — candidates that win the most endorsements usually win nomination
Fundraising — the more funding raised, the stronger it looks
Polls — low polling candidates freuqnetly drop out before elections
what is it
who started it
Affirmative actions are measures that are adopted to compensate previous discrimination because just stopping discrimination doesn’t make people free (positive freedom-Th Green)
Nixon during the Philadelphia Plan 1970 — states had to hire more minority workers and achieve certain DEI targets
U. California v Bakke 1978
Bakke sued when rejected a place because 16% were reserved for blacks.
Supreme Corut ruled that it violated the 14th Amendment ✓
California Prop 209, 1996
California banned use of Affirmative Action
Students for Fair Admissions v Harvard, 2023
Considering race as a factor in admissions was unconstitutional
Fewer bills passed compared to ‘60s
Increase in use of filibusters
Party disunity has increased with more rebellious factions — Reps. failed to pass the ‘Obamacare’ Replacement Act
Bills have become longer (+6000 pages of law per year compared to 1920s)
Both parties greatly value filibusters when in the opposition
Increased debate which incorporates more party views — BlueDog Dems changed Build Back Better Bill to avoid social policies
Omnibus bills (super loooong) so receive little scrutiny
Restricted opportunities for amendments
Omnibus bills streamline the legislative process
Restricted opportunities mean that obstructionist tactics are blocked
Helps ensure that state laws are supported by the people — Arkansas Minimum Wage Initiative showed people wanted minimum wage increase but wouldn’t have happened without the vote (Rep senator & governor)
Encourages political enthusiasm — Alaska turnout of 2014 midterms increased due to having a CONROVERSIAL prop on minimum wage
Founding fathers avoided direct democracy because it led to tyranny of majority — voters wouldn’t support an increase in taxes like in Michigan
Low turnouts, questionable mandates — only 21% of voters in Colorado voted for Senator Morse’s recall
Women are more likely to vote DEM
+10% avr. vote Dem vs Rep
DEM get more broke voters
Obama 63% of vote under 30k
86% of blacks voted for Kamala
82% of evangelicals voted Trump
yes 2 with evidence and no
✓Increase in partisan voting in congress
2013-14, 92% of the time REP voted with party
Obamacare 2010, passed without a single REP vote
✓More people think there are important diffs between REP & DEM
80% thought this in 2008
✗Super PACs have gained power
Can spend an unlimited amount on attack ads, making outsiders (not parties) valuable to candidates
✗Parties are still big tents, with division
Blue Dogs can agree with Main Street REP
3x ways
Providing Value
Congressmen want lobbyists to give them info to help them pass laws
Scorecards
NRA uses scorecards, so if the NRA is strong in the congressmen’s state then they may be motivated to follow NRA voting reccomendation
Incumbents Spending
Can build strong relationships over time
3x ways
VIOLENT Direct Action
“Wanted” posters made for Abortion clinic staff
Petitions
Mothers Against Drunk Driving used petitions to achieve fatalities of alcohol dropping by 40% as they got Reagan to pass legislation
Direct Action
Marches were used by Civil Rights Movement → Civil Rights Act 1964
Different types of power:
US Govt Domination Over States:
Horizontal Federalism:
Different types of power:
Reserved powers → Any powers not given to feds should be held by state
Delegated powers → Powers given by the states to the big government
US Govt Domination Over States:
Supremacy clause, if state law and big govt law conflict then the GOVT wins
US govt has implied powers, if its necessary & proper
Horizontal Federalism:
Gives state greater power as their laws must be given “full faith and credit” so are respected in other states
1937 → 1960s
How it began 3x reasons
what was it like 2x
3 Reasons how
Massive crisis of Great Depression
Election of F D Roosevelt
16th Amendment of 1913 allowed federal govt to use income taxes
What was it like
Massive new grants that expanded federal government into ex-state areas
Supreme court accepted new role and interpreted the ‘commerce clause’ more broadly
1960 → 1970
How it began 2x reasons
what was it like 2x
2 Reasons how
Increasing de-segregation supported by Supreme Court and government led to conflict between Southern States VS Eisenhower
Government wanted to tackle poverty and racism
What was it like
States had to get federal approval to change their voting process → stopping southern states from doing literacy tests
Food stamps, ‘Head Start Program’ and Social Security Act all expanded federal grants to the max
1970 → 1990
How it began 2x reasons
what was it like 2x
2 Reasons how
Nixon wanted new Federalism where Washington gave money and power to states to control their own affairs
Supreme Court became more conservative and began to oppose BIG GOVERNMENT
What was it like
Block grants, money given to states with control over how to SPEND
Reagan reduced environmental & healthcare regulations on the states
→ powers clearly granted to the US president
3 powers with examles 9 mark style
Commander in chief of the Military
President receives troops
President can pardon Federal Crimes
Ford pardoned Nixon
Nominate judges & ministers with approval from Senate
DJT nominated 3 justices to the S.C