1/76
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
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
Is USA Constitution too hard to amend formally?
YES and NO. 3 Points each
TOO HARD:
1. supermajority needed makes change rare: Equal Rights Amendment ('70s equality for women in law) failed to pass the state approval requirments
2. Outdated measures remain (Elecotral College reamins)
3. Overrepresentation of small states exists: 13 small states can block amendments like electoral college (as small states would lose influence)
NOT TOo HARD:
1. formal amendments have passed when needed: 26th amendment lowered voting age
2. Can be amendend without fomal: Obergefell v Hodges was an interpretation not a formal amendment
3. Ensures stability: Bill of Rights has remained throughout the years
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 of children aren’t protected by Congress
Laws passed by congress can be reversed
- 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
comparing 3x access points
us access points:
USA has house seats contested every 2 years, parilament only every 5 years
Each stae has one directly elected governor that can be LOBBIED who can pass important legislation like Governor Kasich who expanded medicaid to + low income ohioans
USA has 19,000 directly elected mayors. uk has 24
compare with two cointratinfg points
can spend unlimited amounts via PACS and SUPER PACs. in uk pressure groups can spend a maximum of 319,800GBP
2020 US PGs spent 14B$ but 2017 UK PGs spent 41.5M£
lobbying is stronger in uk 2x
1 similartiy
IN UK:
UK lobbying industry worth £2Billion and US, being much larger, is worth only a bit more at 3.47$Billion
UK former ministers cannot lobby the govt for 2 years after leaving office. US former officials cannot lobby for 5 years
SIMILARTIES:
Both have revolving door with UK having several ‘cash for access’ scandals
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 Clutural similatiesty and impact on pressure group actiivity
1 similartiy
in Usa pressure groups are protecgted by the frist amendment
can spend unlimited amounts in elecitons
both share tradition of political protest using marches
-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
well 2x
bad 1x
workess well
popular in the us, 120 measures on ballots in 2020
increases oppuritnity fr political particiipation by providing pressure groups an additional way to involve themselves in decision making
2014 NRA in alabama backed a measure to strengthen second amendment rights
works badly
tunrout is often low
used b
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 natiins
2x points for differecence
Both nations:
value pluralism and individual liberty
have had debates on transgender
The us and uk right both protested bathroom spaces
Differnce:
US despises government control more
Anti covid protests up to 20,000 on certain occassions
Relgious groups of more prominent in the US
Relgious implication rights like Abortion have been under intense discussion
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
House passed bipartisan CARES act (covid)
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 ang agaisnt
Pressure Groups:
pressure groups can participate in and affect the outcome of landmark supreme court jdugments
well-organised pressure groups can be more focused that large big-tent parties — NRA has held back will of 60% of US to increase gun control
Political Parties:
political parties have strong legislatigve control when aprty controls both houses--Obama passed obamaacare and regan passed major budget cuts
Only political party candidates can stand for office
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:
pressure gorups are procteded by the constituion and so should be able t opariticpicate fully in election campaigns
one of the largest increases in total election spend was from 2004 — 2008 which was before super pacs were created
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