a-level politics - US politics.

Bill of Rights.

1) the first ten amendments to the Constitution ratified in 1791

2) it protects individual freedoms as well as STATE RIGHTS against the federal government

3) this is heavily outlined in the 10th Amendment: whatever powers that are not delegated by the federal government, it is reserved to the state and vested in the people

US Constitution & its vagueness (advantages)

1) vague: meaning it can lead to an adaptation of various interpretations by individuals & instiutions without the need

for formal amendments

2) Apart from the enumerated powers, there are also implied

powers of the congress, courts and presidency.

3) 'Elastic' clause: Article 1, Section 8 allows Congress to 'stretch' it's powers

US Constitution & its vagueness (disadvantages)

1) Ideological based conflict on the interpretation of the Constitution

2) Individual justices often apply their own ideology when ruling on a case: A detailed constitution could curtail that.

3) Authority of the Supreme Court may be undermined when people see it's rulings as unconstitutional (e.g. Obergefell v Hodges 2015 which est. gay marriage & overturning Roe v. Wade)

how to describe the US constitution?

1) VAGUE: it may be open to various interpretations by different individuals & political institutions

2) JUDICIABLE: other laws can be judged against it

3) ENTRENCHED: difficult to abolish & amend

4) AUTHORATIVE: sets the basis for all political institutions

amendment violations: overturning Roe v Wade.

1) 1973: it was a landmark decision of the Supreme Court, which rules that the US has the duty to protect abortion as a human right

2) However in 2022, the majority of Republican members of the Supreme Court in which the Dobbs v Jackson case officially overturned Roe v Wade, resulting in the US no longer confering for a right to have an abortion.

3) This ruling occured so as a response to the 14th Amendment (that no life, property should be destroyed) and thus was argued that abortion destroyed the beginning lives inside of a woman's womb.

amendment.

a minor change or addition designed to improved a text, piece of legislation

ratification.

the action of signing or giving formal consent to a treaty, contract, or agreement, making it officially valid.

elastic clause (Article 1, Section 8)

1) this clause allows Congress to stretch its powers

2) controversial: it is mainly justified for major expansion of the federal government's authority

3) commerce clause: gives Congress to regulate interstate commerce in both foreign govs and in between states (agriculture, sale of firearms)

4) gives the ability to broadly interpret powers.

amendment process. (diagram)

amendment process.

1) states or Congress can propose but ONLY STATES can ratify

2) all successful amendments have been initiated by Congressional vote: all were ratified except one by 3/4 of the states in state legislatures

3) the Constitution makes no reference to time limited between Congressional proposal and state ratification

4) modern practice: Congress gives deadlines for state ratification of proposed amendments, beginning with the 18th amendment

formal amendment process: advantages.

1) protects state rights and federalism

2) prevents abuse of power by ensuring the need of bipartisanship (two-party system)

3) protects key political principles (e.g: separation of powers)

4) prevents short-term reactions to current events entering the Constitution

formal amendment process: disadvantages.

1) outdated & difficult to remove (as seen in electoral college)

2) the amendment process itself is undemocratic as 13 out of 50 states can block it (Equal Rights Amendment that would provide equality of rights by federal gov on the account of gender failed to be ratified in 1982 as it failed to receive efficient amount of state support)

electoral college.

the formal body which elects the President & Vice President of the USA

1) a group of people that are elected directly by popular vote and aim at representing the states

2) their duty is to cast votes during the presidential elections

substantive due process.

1) based on the premise that the Constitution protects the public from unwarranted government intrusion of privacy & infringing upon their fundamental rights.

2) it is the principle that the 5th & 14th amendment protect: but the 14th amendment became the basis of the substantive due process

the laws based on the substantive due process include:

1) the right of interracial marriages (Loving v Virginia, 1967)

2) the right to have an abortion (Roe v Wade, 1973 before it was overturned in 2022)

3) the right for unmarried individuals to gain access to contraception (Baird v Eisenstadt, 1972)

4) the right to engage in intimate sexual conduct & criminalising sodomy was unconstitutional (Lawrence v Texas, 2003)

5) the right for same-sex marriages (Obergefell v Hodges, 2015)

key principles of the Constitution.

1) federalism

2) limited government

3) bipartisanship

4) checks & balances

5) separation of powers

constitutional government.

existence of constitution through either a legal instrument or a collection of established values/norms that are commonly recognised as that being the fundamental law of the state

federalism.

system in which its sovereignty is shared between a central government and individual states, with each having their specific rights.

key features of federalism.

1) legal & political structures are involved where political power is distributed between two distinct levels of government on the basis that neither is subordinate to the other

2) each state has its own Constitution, a Governor, State Congress & Supreme Court (limited government in this case)

3) separation of powers: 3 main bodies of the federal government have their own powers, personnel & buildings

4) supports checks & balances: ensures that no institution is dominant & that the bodies of government have equal distribution of power

5) bipartisanship: cooperation between political branches & parties is necessary as amendments & treaty ratification require super majority

federal-state relationship with the Constitution

1) federal law is supreme over state law in case of conflict (Supreme Court acts as a 'referee' in some cases) = Congress able to declare war, regulate business relationships between states

2) federal government cannot reduce state powers without their consent = 2/3 states must consent

3) all states should have an equal level of decision making = each state has a higher level of impact on the lives of its citizens and deal with aspects of domestic policies (education, economy)

4) federal gov. provides resources available to states for projects that the gov. wishes to enact

5) State power is outlined in the 10th amendment: power is vested to all people

6) states often introduce laws that are ideologically opposed to President/federal state (Jim Crow laws, abortion, death penalty)

limits to state power.

1) federal mandates: federal gov may also introduce mandates to forces states to comply = creates policy restrictions and limit states financially by making the states pay for the policies that the federal government imposes on them

2) fiscal power of the federal gov: 16th Amendment (allows federal income tax & expansion of federal gov) leads to states being overdependent on the federal government's fundings as its access is related to the adherence to policies that the federal gov imposes on them

3) interstate commerce clause: Article 1, Section 8 states that the federal gov has the power to regulate both foreign govs and in between states

case study: Jim Crow laws.

1) 1870s-1960s: racial segregationist laws issued in the South

2) aimed at segregating white communities from POCs

3) segregation extended to: bathrooms, restaurants, parks, public transport

4) 1950s: these laws were challenged by civil rights movements

5) separate but equal decision was codified on local & state levels

6) case of Plessy v Ferguson was overturned in 1954 by the case of Brown v Board

case study: federal gov, states & death penalty

1) under federal law, death penalty is applicable to ALL 50 states

2) 1972: Supreme Court found it unconstitutional in Furman v Georgia ruling

3) some states abolished it, some did not

4) states also differ in methods of execution

case study: Gonzales v Raich (2005)

1) according to the ruling, the federal government can regulate marijuana production in any state due to its impact on interstate commerce

2) despite this, Congress have not regulated marijuana federally and different states have different laws regarding its use

3) in states where it is illegal, punishments also differ

impact of constitution on the US government: positive

1) state protection: all regional govs are protected by the Constitution, all 50 states have the equal distribution of power = meaning that federal gov can respond to their needs as interdependence is promoted between them in order to govern the US

2) frequent elections/separation of powers: more representation, power distributed among the branches, thus neither is subordinate to another, 2 year elections of House of Reps

3) checks & balances: establishes order through interdependence/co-operation between political groups, preventing tyranny, corruption, impulsive decisions

4) amendment process: promotes bipartisanship as super majority is required in the political branches = thus, prevents politicians to pursue their own self-interest at an expense of citizens rights

5) Supreme Court: promotes constitutional rights and complies at a high level of civil rights/liberties, Bill of Rights

6) VAGUENESS: easy to adapt, benefit of the elastic clause

impact of constitution on the US government: negative

1) insufficient amount of protecting state power: as there is an unclear division of where state power & federal power lie = thus federal gov may exploit its power in decision-making

2) elections may be undermined: electoral college may compose a government that does not reflect votes of majority/hinders public votes (Clinton defeated Trump with nearly 3 million votes from public, but was defeated in the electoral college with 232 to 306 votes)

3) checks & balances ineffective: slows down decision making, complicates process as different branches of gov can interfere in personal affairs, political gridlock resulting from partisanship in Congress, veto power can be overridden by legislative

4) amendment process difficult to change & get into motion: as 1/4 of states can block amendment, thus prevents the changes needed in society & lacks response to the demands of modern society

5) Supreme Court undemocratic: its rulings are argued to be limiting democracy & inability to meet society's standards for the sake of promoting their own private views on cases

6) vagueness: open to interpretation leads to loopholes and ideological conflict, failure to regulate political practice = rights are not always granted as states often introduce laws that target minorities and contradict democratic principles

case study: US v Lopez (1995)

1) 1990: Congress enacts a Gun-Free Zones Act as a response to extreme gun violence in the USA

2) Lopez was seen to violate the Act as a result of carrying firearms in his school in Texas: yet the state powers argued that the federal government had no right to regulate state policies

3) 1995: Supreme Court ruled that the Act was unconstitutional as it was not related to interstate commerce under the Commerce Clause

structure of Congress.

1) it is a bicameral legislature, meaning that it consists of 2 equal legislative bodies (chambers)

2) the 2 chambers: the Senate (upper) & House of Representative (lower)

congressional elections in Congress.

1) for House of Reps: 2 year term, Congress people are direclty elected by the people (in proportion to the population)

2) for Senate: directly elected every 6 year term, with every 2 years 1/3 of the Senate is up for re-election so that a party rotation is established in order to ensure that there is no abuse of power = each state has a fixed amount of Senators

3) it determines who represents the states in both houses of Congress = it does so by using the FPTP system in which members are elected in single-member constituencies & their votes will be based on the votes residing in that district the candidate represents

4) also determines which party holds majority in both chambers = House gets full ballot, Senate gets 1/3 of the ballot

5) Senate's job: balance out the House by providing an equal voice to states

supermajority in Congress.

1) Necessary when it comes to amending the constitution as most believe that constitutions shouldn't be amended without cautious and careful consideration

2) Senate: 100 members with the supermajority of 2/3 or 67 out of 100 votes.

3) House of Rep.: 435 members with the supermajority of 2/3 or 290 out of 435 votes.

4) Congress: numerous key legislative actions necessitate a supermajority vote (e,g. impeachment of the President)

exclusive powers of the House of Representatives.

1) impeachment: the House wants to bring formal changes against a public official, not remove them from office = can be due to the fact that there is a sufficient amount of evidence that the politician is questioned in controversial activities (treason, bribery)

2) electing President: occurs when no candidate managed to acquire 50% of the electoral college votes (ECV) = each state has only one vote in the house, voting as a bloc

3) begin consideration of all money bills: most legislation can begin in either Senate or House (many bills pass through both simultaneously) = however all revenue-raising bills must pass through the House first

exclusive powers of the Senate.

1) try an impeachment case: when the House impeaches, a trial in Senate occurs = 2/3 of the vote required in order to remove someone from office following the trial

2) elect vice president: similar case with the House, rarely used

3) ratify treaties: any treaty that the President negotiates is also subjected to confirmation by Senate = treaty ratifications are eroded by executive agreements (agreements between US & foreign govs)

4) confirm executive appointments: cabinet members, some senior members of the Executive Office for President (EOFP) and all federal judges face examination through Senate committee hearings

Senate can confirm presidential nomination by a 50% vote, extent of scrutiny depends on the level of party control between Senate and President = process has been increasingly politicised overtime

the importance of mid-term elections. (examples)

having a significant impact in Presidential power: president's party can lose majority in either of chambers (or both) = makes it harder to pass legislations

Bush 2002: Republicans gain majority in both chambers

Bush 2006: Democrats gain majority in both chambers

Obama 2010: Republicans gain majority only in Senate

Obama 2014: Republicans gain majority in both chambers

gerrymandering.

process of redrawing electoral boundaries to favor a certain group/party

factors responsible for high re-election rates.

1) use of office: can use their place in office to establish popularity and attract donors = track record has been proven, it is a voter and donor trust

2) safe seats: large number of safe seats, candidate that wins expected for re-election

3) gerrymandering: further complicates issue of seats as it draws electoral boundaries to favour a certain political party = incumbent party draws district boundaries in their favour at an expense of their opponents

4) pork-barrelling legislation: seen as a highly representative nature of Congress, while others see it as over-representation

= criticised because it promotes unecessary spending and adds to budget deficits

5) financial advantages: incumbents attract more money than challengers, hence more victorious during campaigns = however financial benefits are not evenly spread and aim at benefitting certain party groups

what affects congressional voting behaviour?

1) public opinion / constituency

2) political parties / party leaders

3) caucuses

4) interest groups/ political parties

public opinion/constituency affecting congressional voting behaviour.

1) representatives of Congress need to consider public opinion = politicians are likely to be more accountable to the public opinion as opposed to the opinion of their President

2) both Congress-people and Senators face frequent elections = ensures public accountability

3) some argue this method applies more to the House = but the separations of powers indicates that there are strong levels of representation in both chambers as individual obligation is required for each politician

4) people are likely to vote for individuals rather than party

examples: Democrats dropping support for Obama's Affordable Care Act (ACA) after meeting constituents

2017: 10 moderate Republicans voting for Clinton, after the party's decision to repeal ACA

party/party leaders affecting congressional voting behaviour.

1) representatives can feel pressured to vote in accordance to their party's majority views = crafts sense of party unity that can encourage the party to vote together

2) team competition is their main aim, to beat the opposing party = this is reinforced through party meetings which contributes to higher unity of the party

3) party leaders: limited use of patronage, promises of committee chairmanship/membership in order to persuade politicians to vote accordingly

4) examples: Republicans not voting for Obama's stimulus budget due to partisanship in 2009, rather than the belief that the economy should be self-stabilised with no gov intervention

however as it was local opinions that persuaded 11 Southern Democrats to vote again Obama's budget, it suggests that public opinion has a larger impact than the way a Congressperson votes

caucuses affecting congressional voting behaviour.

they are groups of legislators who share special interests and meet to pursue common legislative objectives

1) there are Congressional factions = they tend to share similar ideologies, interests, characteristics

2) these groups often vote together on issues relating to legislature

interest groups/professional lobbyists affecting congressional voting behaviour.

1) voting can be influenced by donations (can encourage a Congressperson/Senator to vote on policies favouring their group)

2) interest groups with significant amount of members can mobilise their members, targeting members from Congress

3) professional lobbyists and large firms also play a pivotal role: members of Congress can command higher salaries within such organisations (e.g. American Federation of Labour, Congress of Industrial Organisations)

examples: Obama failed to pass legislations regarding limitations of guns, despite massive public support in 2012 as the National Rifle Organisation's opposition carried more weight that public opinion.

how does Congress initiate laws?

1) initiation: Presidents dominate the political agenda but leaders in Congress and its members initiate policy = this is because in case the President's party losing during mid-terms or if bipartisan control exists, Congress are more active when setting agenda

2) compromise: through separation of powers, checks and balances, equal legislative powers of both House and Senate = successful legislation is based on huge concessions and additions to a bill, but any alternatives of the bill has to be settled on one of its versions. As a result, the bill will pass through BOTH chambers

3) weak parties/leaders: weak parties can be composed by many factions as leaders have limited powers over their party as a result of ineffective patronage and party whips = many members prioritise state needs over national agenda, hence parties do not act as a single unit when passing laws, thus creating a complex process. Despite rise of partisanship helping to pass legislature in Congress, it will lead to gridlock due to split control in Congress or President belonging to opposite party

4) obstacles to success: easier to prevent change rather than initiate it

gridlock in the US.

when the President and Congress are equally powerful and constantly prevent each other from acting accordingly: resulting in complexities in passing legislature

main obstacles when passing laws in Congress.

1) Senate and House share approx. the same amount of law-making powers: however each chamber have different priortities as a result of different time lengths = thus, the contrast in party majority can lead to legislative conflict

2) Legislation has to pass through Congressional committees which can consist of many and have the power to amend the bill: there are policy-based committees who make decisions based on the efficiency of the bill, whereas a separate committee is created to solely focus on fundings = they will have same/similar function in both chambers in the end

3) overriding presidential veto needs supermajority of 2/3 in both House and Senate

differences in legislation: House.

1) the bills go to a Rules Committee = they decide for how long and under what rules the bill will be debated

2) the Committee is controlled by the Speaker of the House (has power over legislative agenda of the House)

3) in case there is a closed rule: bill is discussed without amendments offered and can speed up passage = this ONLY happens in the House

differences in legislation: Senate.

1) much less structured procedure with not Rules Committee = there is unlimited time for bill debate

2) often uses UNANIMOUS CONSENT, where all Senators involved agree on a decision = they can also use it when Senators have to agree on the rules of the debate on legislation

3) members of Senate requests permission to proceed in a certain way on the floor = can begin if no objections are made

4) unanimous consent agreements are often negotiated ahead of a debate

unanimous consent.

when a senator/Congressperson may request unanimous consent on the floor to set aside a specified rule of procedure in order to expedite proceedings.

filibuster.

a process in which a Senator gives a prolonged speech on the floor of a Senate to obstruct legislative process of a bill

cloture.

a Senate procedure that limits further consideration of a pending proposal to thirty hours in order to end it.

key features of the filibuster.

1) allows individual Senators to insist on continuing the debate = that is done to prevent voting from taking place as well as delaying legislation or presidential appointments

2) filibuster were eliminated on executive branch and judicial nominees (after 2017, this includes Supreme Court)

3) 60 votes needed to pass a legislation in the Senate as it can be ended with a 3/5 vote of a cloture (limits further consideration of a pending proposal)

4) both filibusters and clotures have been used excessively for recent years = the DREAM Act in 2010 was passed in the House however in the Senate it failed to gain 60 votes needed to overcome a Republican filabuster

strengths of the legislative process.

1) checks and balances prevent tyranny, forcing compromise between different interests = US promotes pluralist democracy, ensuring that power is shared

2) quality of policy is considered in detail regarding bills and filters when removing unnecessary aspects = prevents danger of a bill being crafted poorly to pass through

3) individual and state rights are protected as Senator can insert amendments and filibuster on the basis of their equal state power and interests

weaknesses of the legislative process.

1) Inefficiency/ low output results from the excessive need to compromise. Congress cannot act quickly and often fails to agree on legislation to address key issues.

2) High levels of partisanship indicate that parties are unwilling to compromise, leading to more gridlock. = Constitution requires compromise for laws to be passed.

3) Poor quality legislation can come from too much compromise. = a bill may lack coherence from to many amendments and interests.

4) Prevalent pork-barrelling can create financial policies that are wasteful and not based on rationality

bills that have passed through Congress.

1) American Recovery & Reinvestment Act 2009: gave the economy a $787 billion injection to protect jobs & stimulate the economy which covered infrastructure, aid to low-paid workers, education and tax breaks = effectiveness was strongly disputed as Congress vote split almost entirely on party lines

2) Patient Protection and Affordable Care Act 2010: Requires almost all Americans to have health insurance, with provisions for those on low/no income through insurance companies in complying in pre-existing conditions = support in Congress based mainly on party affiliation

3) The Freedom Act 2015: Created after Edward Snowden revealed how the Patriot Act was being used to monitor US citizens, leading to the reauthorization of the Act = ensue the suspension of 'probable cause' to suspect that someone is involved in terrorism before the search takes place.

Led to a major dispute between House & Senate in which Mitch McConnell held out for full re-authorization of the Patriot Act.

bills that have failed to pass through Congress.

1) DREAM Act that was advocated by Obama in 2008 & 2012 election campaigns which aimed at allowing all illegal immigrants who arrived in the US before 18th birthday to have a right to remain = filibuster used in Senate, with Obama using temporary executive orders to achieve some of his policy goals.

2) Gun Regulations proposed in various forms by president & Congress: legislation developed by VP Biden, after Sandy Hook Newtown shootings, was defeated in the Senate = This would have banned some assault rifle & increased the use of background checks.

3) Budget Shutdown in 2013: Legislative gridlock due to lack of agreements centered on spending levels, budget deficit & the ACA which the House insisted in defunding = it lasted 16 days at an estimate cost of $24 billion.

Over a million federal employees worked without knowing their pay dates, many others were told not to go to work.

Inability of president & Congress to agree on annual budget plagued Obama's presidency.

what limits the impact of Congress?

1) partisanship: has decreased the will of parties to compromise, making it harder to create laws = Democrats & Republicans could not agree on a budget in 2013 despite terrible consequences of budget shutdown

2) presidential veto on legislation passed by Congress: Obama veto of ACA Repel 2016

3) Congress division between both chambers leads to the inability to pass new laws: in 2013 the Senate passed immigration reforms which was not taken up by the House

4) The Supreme Court can overturn acts of Congress using judicial review: Shelby County v Holder 2013 overturned key sections of the Voting Rights Acts

oversight & committees created by Congress.

it is ability of one branch of government to supervise the work of another.

1) Most committees are policy-based where conduct oversight is based on executive expertise (e.g. investigating a department, hold hearings for executive members)

2) The House Committee on Oversight and Reform scrutinizes the executive. (e.g. investigation of Hilary Clinton's use of private email account for her work as secretary of state)

3) Congress can create temporary committees to provide oversight if a concerning event arises (e.g., following the death of the US ambassador in Libya, Congress created the House Select Committee on Benghazi in 2014)

imperial presidency.

a dominant presidency with ineffective checks & balances from the other branches = it is the tool that stretches the Constitution in the exercise of constitutional roles and may ignore wishes of Congress

imperiled presidency.

A presidency where the president does not have enough power to be effective because of the complexity or direct resistance in the executive branch (e.g. Obama's lack of leadership during negotiations on the 2013, leading to the shutdown)

signing statement.

a written statement signed by President at the same time as signing a piece of legislation

executive agreement.

the constitutional procedures conjured up by the President in making an agreement with another country = president an bypass the Senate ratification by issuing the executive agreement

imperial presidency toolkit.

1) executive order used by the President to instruct the executive branch to carry out certain practices without consulting Congress = effectively creating new policy without needing congressional vote as in theory, President cannot pass any laws but can enforce the ones that already exist (e.g Obama's policies on DAPA and DACA that were halted by Court's ruling in 2016, and Trump's immigration ban being refused to pass due to judicial review in 2017)

2) signing statement: President can enforce certain sections and gives them the power to effectively hold a line-item veto (nullify parts of a bill) = however they still find this difficult to bring about change as the statement's power is minimal compared to laws

3) executive agreement: can be considered as a potential replacement of treaties that give the President the ability to move past the traditional constitutional relations when achieving their foreign policy goals = but it is only an agreement issued by the incumbent President, thus can be ignored by future ones

4) unilateral war powers: President made military decisions without consulting Congress in the past as they need to initiate fast action and decision-making on military and security policy = hence ordering military initiation without consulting Congress is seen as bypassing key requirements of the Constitution as Congress is the body to initially declare war

congressional checks by Congress.

1) The effectiveness of checks may be limited as it can be restricted by the extent of presidential power = theory of imperial presidency (e.g Obama issuing executive order on gun control immigration and federal pay)

2) However, the extent to which checks are effective depends on political circumstances = e.g the power to vote against presidential proposals will most likely be utilized if the president or their policy is unpopular

3) relationship between Congress and President may be affected through a variety of factors = e.g. policy area

4) Increased partisan nature of Congress and President may lead to oversight being limited: Congress is supposed to act as watchdog on the executive branch but can go from attack dog to lap dog depending on which party is in control

= E.g. in 2017: Devin Nunes (Chair of the House Intelligence Committee) charged with investigating Russian involvement in US elections and criticized by Democrats & Republicans for lack independence from Trump. As a result he travelled to White House to view security documents instead of opening

them with the whole committee.

main congressional checks on the Executive provided by the Constitution.

1) most vital check on the president is through his proposals: Congress can & does use this power in a number of ways to restrict presidential policies

2) vote against proposals initiated by President: in 2017, Trump could not pass the American Health Care Act despite the Republican majority in both chambers)

3) Amend laws against the initiation or support by the president: Obama was restricted by amendment policies by National Defense Authorization Acts

4) Determined funding for presidential projects: By failing to allocate funding, Congress can restrict or cancel a policy from being put into practice (1995 withdrew funding for US military involvement in Bosnia, Clinton was forced to withdraw troops)

5) Proposing legislation by Congress as it will contrast with the goals of the president in order to enhance Congressional agenda

6) Overturn presidential veto with a 2/3 vote to stop the president from overriding its legislative goals (e.g. Obama's 12th veto against the Justice Against Sponsors of Terrorism Act in 2016 was overturned

7) Congress power to declare war, which limits president's ability to initiate military action (e.g., Bush seeking approval for 2003 Iraq War)

8) Senate ratification of appointments: President seeks to appoint their favored people to executive positions (Senate failed to vote on Obama's nomination of Merrick Garland to the Supreme Court in 2016, hence Trump was able to nominate Justice Gorsuch & influence ideological balance in the Court)

9) Senate ratification of treaties: as President has to gain approval of 2/3 vote from Senate before entering agreements with other countries (in 2014, Senate blocked UN disability treaty that Obama advocated for)

10) Impeachment & removal of members of executive branch: The House can impeach a member of executive branch & the Senate can try case

Congress limits on the Supreme Court.

1) due to separation of powers, Congress can overrturn decisions on the Supreme Court through constitutional amendments and the amendment processes

2) Senate's role in the ratification process is also crucial in limiting SC as it can be argued that the Senate cannot fully check the Court as well as having no control over justice = role is limited to conducting hearings and then voting on a nominee and once that nominee becomes a justice for life, Senate cannot threaten them of removal

3) individual justice can be impeached by Congress, however the last attempt to remove was in 1804.

4) Constitution plays a role in giving authority to Congress through determining the total number of justices in the Court = there are 9 since the Civil War in order to decrease partisanship

to what extent does partisanship exist in US politics?

1) polarization of parties: Democrats and Republicans have diverted away from each other in recent years, political ground has disappeared

2) each party is becoming internally unified in opposition to the other party (such as the excessive partisanship of the Republican Party under Obama's presidency)

3) however instances bipartisanship still occur through agreements especially through caucuses which provides evidence that parties are not fully internally unified (e.g Democrats and Republicans compromised on budget and removal of Senate filibusters for judicial nominations, as well as two parties working together to pass immigration reforms in 2012, but was blocked by the House)

divided government in Congress.

when Senate, House of Reps and Presidency are not all controlled by one party

unified government in Congress.

when Congress and presidency are controlled by people from the same political party

checks on the President by Congress.

1) when there is a divided government, president's leadership is negatively affected as Congress can obstruct policy initiates by adopting an aggressive oversight approach (e.g Obama and Republican-led Congress in 2011-2016 and Bush with Democrat-led Congress in 2007-2008)

2) but when there is a unified government, one party is holding the president's power through partisanship in Congress = party loyalty can lead to abandoning oversight and the failure to provide checks on President (Bush admin. 2003-2008: Republican-led Congress accused of 'forgetting' to provide oversight despite controversies over Iraq War, Patriot Act and the creation of Guantanamo detention camp)

is Congress representative: yes

1) separate elections for President & Congress: separation of powers will lead to high levels of Congressional representation = allows voters to have separate votes for executive and legislature as well as maximising voter choice to select members of Congress that best address wishes of the constituency

2) two elected chambers crafts representation: different time lengths impact the way Congresspeople and Senators react to legislations as House can react rapidly in public opinion

3) frequent elections and short House terms: short terms increase level of representation due to frequent rotation = strong sense of accountability on public opinion has to reflect views of the constituency to make Congress representative (e.g. Democrats lost control of the Senate in 2014 but if all Senators were elected in 2012, this would not change until 2018)

is Congress representative: no

1) FPTP and gerrymandering undermine representative nature of Congress as the determination of the incumbent party to maximise power distorts public opinion

2) social representation is undermined in terms of race and gender: in 2017, only 19% of Congress were of POC

3) influence/pressure groups can distort needs of the public as politicians will tend to respond to the interests of unelected pressure groups (e.g. Obama and the National Rifle Association on gun legislations)

President's role as the head of the state.

1) the president is automatically presumed as the chief representative of a country this role comes with respects and responsibility = such as the ability to direct US policy nationally and internationally

2) although the president's power can be limited due to limitations from Congress (checks on President, overidding veto, etc), they still have the ability to exert a significant amount of authority

3) The rise of media supports the President in addressing the public through speeches which further exerts influence over the people = this helped to give the President a national mandate to carry out policy goals (e.g. Obama's speech after the Sandy Hook Newton shooting in 2012)

President's role as the head of government.

1) the president directs the cabinet and each of the 15 cabinet departments (mainly heads of gov departments) as well as EXOP = aside from determining gov policy, the President can also use EXOP to influence the rest of the branches, especially Congress

2) 500 Cabinet and sub-cabinets subject to Senate ratification as well as: ambassadors, federal judges, federal bureaucracy agencies

3) President is the chief diplomat in foreign policy as well as the commander in chief in armed forces: however it leads to major conflict over who initiates military action as Congress has the right to declare war (e.g. Obama bombing Libya with drone attacks led to the downfall of the Gaddafi regime but domestically sparked controversy as this was done against the consent of Congress)

executive order.

a direction to the federal bureaucracy on how the president would like a piece of legislation to be issued (e.g. Obama's gun control legislation after the Newtown shootings in 2012)

executive branch.

headed by the president, one of the 3 branches of government, alongside Congress and SC

electoral mandate.

the permission granted to a political leader or winning party to govern and act on their behalf = the mandate is more or less effect in power as long as the government is in power

informal sources of presidential power and their use.

1) Constitution: outlines a lot of formal powers of the President which revolve around the control of policy-making and practice = some are important, some not, and sources may change which can lead to fluctuations in presidential power

2) electoral mandates: can affect the President, depends if they have strong support to help them get elected = however success rates of the President usually start to decline as their term progresses as they will tend to move further from the original mandate due to unanticipated events (during Obama's term he achieved some of his policy goals in the first 2 years such as the budget stimulus, healthcare reform in 2010)

3) partisan control, party majority, Congress majority: arguably is a more important source of presidential power than the public mandate as its deference would be achieved if he is popular

executive order on Presidential power.

1) they are implied powers of the President based on their role as head of the executive branch

2) President can create a legal order without Congress vote = can be used to direct executive branch regarding policies

3) many of these orders can be traced to the Act of Congress (Bill passed through both chambers, signed by President and establishes the law) in which the President issues instructions to ensure that these laws are implemented correctly

4) in theory, the order is constitutional and uncontroversial = in 2013, Obama creating a White House Council on Native American Affairs to safeguard the interests of the indigenous community

2017: Trump's executive order on immigration banning

the US Cabinet.

1) includes VP and head of 15 executive departments = helps the President to make and execute policy collectively as Cabinet itself is limited in authority

2) their influence is maximised through its key individuals: under Obama's presidency, Secretary of State John Kerry took a central role in developing foreign policy alongside the President through Israeli-Palestinian peace accords and key approaches in Syria

3) Cabinet has no constitutional status allowing to be in control of any policy and cannot claim any kind of national mandate with a right to govern = President has the final say on executive policy

4) Presidents can also sideline individual members and seek advice from others but this affects their behaviour and environment = Trump's executive order on banning immigration in 2017, dismissing member Sally Yates for challenging the ban as well as sidelining the Defense and Homeland Security Departments to create it, as EXOP members and the House Judiciary Committee cooperated with each other to create it

5) VPs such as Pence, Biden are also influential members of the president's inner circle = but they are not guaranteed with political influence on the President as they are not constitutionally obliged to listen to VP

powerful persuasion and the President.

the informal power of the president to use the prestige of their job and other bargaining methods to get people to do as they wish

1) President must have outstanding personality and leadership skills to reach success and achieving policy goals

2) can use their position to attract congressional and media attention = personal abilities contribute to the extent to which the persuasion is successful (e.g Trump's aggressive approach vs Obama's conciliatory style in approaching)

3) major presidential resource and high degree of authority as he is the head of state and executive branch

EXOP (Executive Office of the President) and its role.

1) EXOP consists of presidential agencies that provide support, advice etc. = OMB advises in budgetary issues, NSC helps tp consider national security and foreign policy

2) They manage the President through his schedules and meeting and oversees actions of the White House staff

3) Senior members of EXOP often charged with taking control of the Cabinet and gov. departments to ensure President's priorities are followed = OMB reviews spending of all federal departments and agencies

4) provide specialist advice to Congress = Office of Legislative Affairs develops strategies to advance the president's legislative initiatives

5) Some presidents created offices with specific mandate related to their special interests = e.g. Obama sponsoring Office of Faith in 2009 based on neighborhood partnerships to cooperate with community groups to end poverty, support women and children and encourage fathers to stay at home

USA's National Security Council (NSC)

1) advises the president on national security and foreign policy in order to safeguard their interests

2) President receives daily briefings from the NSC and consultations from the national security advisors (NSA)

3) NSA's role potentially crafts rivalry with the secretary of state, who has minimal contact with the President

4) NSC and NSA are significant entities due to their pivotal role on the international arena, but the President may always bypass and ignore them = e.g. Trump was criticized for politicizing his office by including Steve Bannon as senior counselor in the NSC, eventually removing him from this fragile position

USA's Office of management and budget (OMB)

1) the largest office in the EXOP with 500 employees = the only EXOP office in which the head has to be confirmed by Senate

2) 2 main functions: to advise the President on the allocation of funds and settle on an annual budget & to oversee spending in federal departments and agencies

3) makes macroeconomic decisions that impact future developments of the country

4) prepares annual budget which enables the president to fund policy priorities

White House Office (WHO)

the office that develops policies and protects the president's legal and political interests (includes President's closest advisors)

1) Senior EXOP staff to have the title of the "President's assistant' = head of the White House, chief of staff as they are the most predominant advisor and have overview of all EXOP offices

2) Connection between presidential advisers, Cabinet officers and the President = thus chief of staff must be flexible and open minded

3) President acts as the hub, and the advisers/Cabinet officials as the spokes: President is available to a wide range of advisers and most have the permission to see them (e.g. Clinton's presidency, taking a hands-on approach and having greater control over policy, however this made it difficult for him to focus on greater details)

4) WHO has a hierarchical system, with President on top: only a few key advisers are entitled to have direct access to the President (e.g. Obama was accused of needing to understand an overload of details, he relied on an inner circle of advisers mainly from EXOP but also VP Biden and a few key Cabinet members)

Presidency & Congress: separation of powers

1) separation of powers indicate that president and Congress share equal power as checks and balances are operated efficiently = however it can simultaneously limit the President

2) the president and Congress both receive separate mandates thus both branches feel like they have the authority to govern = hence Congress is likely to be an active legislative branch that is not willing to respond to the wishes of the President impulsively as they vote in accordance to their constituencies views as opposed to President's wishes

3) since two branches are separated, the president cannot promote members of Congress, thus limited patronage power over Congresspeople (a sharp contrast to the UK): the president chooses a Cabinet lasting the 4 year presidential term = if a member of Congress from the same party as the President does not support any proposed policy, then the President cannot intervene

4) there are possibility of bipartisan control or divided government as it is common for President to be controlled by one party while at least one chamber of Congress is controlled by the other party = separation of powers establishes an environment where agendas may clash, and compromise is inevitable if either side aims to achieve their policy goals

Presidency & Congress: agenda-setting legislation

1) As the President is nationally elected he is likely to be in a stronger position than Congress to claim a national mandate to set the national policy agenda

2) Radio, tv, social media strengthens President mandates: Trump's 2016 campaign which sold ideas based on political agenda on repelling ACA, immigration reform, infrastructure expenditure & Project 2025, a set of proposals that would expand presidential power and impose an ultra-conservative social vision such as restricting abortion, LGBTQ+ rights

3) President can also dominate agenda and further influence legislation through veto power, signing a bill, direct contact with Congress or meeting with individual members of the legislative body

4) growth of EXOP can lead to high levels of authority for the president and can grant access = but this does not mean that all Presidents are powerful when it comes to political agenda as Congress has its own mandate and House speaker can contribute

5) once legislation is in process, Congress is in charge in shaping it the way they aim to that the President cannot = they can amend legislation to make huge changes to presidential proposals

Relationship between President and Supreme Court.

1) The sole power that the President has over the SC is the nomination of justice when vacancies open = this power should not be undermined as this nomination can influence the ideological balance in the SC (e.g. a Republican-led SC led to overturning Roe v Wade in 2022)

2) Most presidential appointments have barely any influence on the ideological balance of the Court as the justice are the ones that choose to retire (Obama nominating Merrick Garland in 2016, but Republican-dominated Senate refused to even consider the nomination)

3) difficult to perceive appointments as a limit on SC as although President may influence the overall composition they have no influence over the decision-making process of the Justice themselves as they have life tenure

4) President has to defend the law and the Constitution which also includes executing decision made by the Supreme Court = but despite this, President may give a hostile response to the rulings (e.g. Obama criticising the Citizens United ruling in 2010 whilst many of them sitting in the audience of his 2010 state of the union address as the case concerned on free speech and campaign finance laws with regards to the 1st amendment)

5) However there are also cases where presidents challenged the legitimacy of the rulings with the purpose of underlining it = Trump in 2017 going against District Judge Robart that halted his immigration ban, referring him as a 'so-called judge' and instructed the public to blame him for any consequence, in which Trump himself received judgement from his own party

factors affecting Presidential power.

1) popularity: if president has the support, then they are likely to receive less resistance from Congress

2) major events can have a significant effect on presidential term such as war, natural disasters, economic crisis (e.g. 9/11 increased Bush's power, and subsequently the war in Iraq = as they failed to find WMD that justified the war, his popularity decreased among the public and congressional support)

3) mid term elections: as Congressional elections occurs in the middle of presidential term, usually the President's party loses seats and the majority in at least one of the chambers, thus a decline in Presidential power

4) Constitution and SC: the entrenched nature of it aims to place strict limits on presidential action in many ways such as by the Supreme Court through checks and balances, separation of powers = SC can uphold constitutional rules against the President and constitutional regulations placed upon President and their power (e.g. max 2 term rule or the ratification of justices by Senate)

judicial review.

the ability of the Supreme Court to review the actions or laws of any body and overturn those actions if they break the Constitution (e.g. Judge Robart refusing to pass Trump's immigration ban un 2017 as it was accused of religious discrimination)

the lame duck.

when the President's influence is weaker as their term is close to the end.

the successor is elected or about to and the incumbent president is there until they have to give their power in January = thus it is difficult for the incumbent President to achieve policy goals as the focus of people shifts to the new president and their agenda

factors that impact the President's policies in being achieved.

1) separation of powers and checks and balances: since the Constitution limits presidential power, compromise is necessary if one wants to meet their policy

2) rise of partisanship impacts the effectiveness of the presidential term = as divided government makes it difficult to achieve goals and can lead to gridlocks

3) distinction between foreign and domestic as foreign is easier to achieve for the President, whereas domestic is harder as Congress will tend to have an active agenda on this

4) the ability of the President to bypass constitutional checks and balances using the tools of imperial presidency (electoral mandate, executive order, powerful persuation)

Clinton's policy aims.

1) reducing budget deficit: was a major success after consulting with Republican-led congress in 1996 to issue a budget shutdown in order to further reduce gov. expenditure

2) healthcare reform: Clinton failed to get his priorities passes despite having a Democratic majority in both chambers and a clear mandate for policy when elected in 1992

3) aimed on greater gun control during the 1992 election campaign, signing the Brady Bill which creating background checks and waiting periods for gun purchases

4) greater advocation for civil rights advocating to end ban LGBTQ+ people in the military but faced huge opposition by Republicans = Don't Ask Don't Tell policy during 1992 campaign was criticized by progressive democrats and even gay rights groups as it did not completely end the ban, just alleviated it

5) adjusted foreign policy during the end of the Cold War: advocated for a stronger moral dimension through involvement in Bosnia, Rwanda, Somalia to prevent civil war and genocide = yet struggled to achieved this due to congressional opposition and was forced to withdraw troops from Somalia

Bush's policy aims.

1) major tax cuts was successful: he steered his budget through Congress, although it required VP's Cheney's vote to overcome a Senate tie = lead to reductions in tax, especially for the elite

2) commitment to public education through the No Child Left Behind Act: imposed federal standards of education on states = criticised by some Republicans for the lack of his conservative credentials

3) 9/11 and war on terror was a key element in his presidency which reinforced his presidential agenda: helped to acquire votes and created the Homeland Security Department as well as issuing the Patriot Act = lead to a trifecta in Congress thus ineffective checks as Bush put an executive order to create the controversial Guantanamo Bay detention center

Obama's policies that passed.

1) Successfully introduced healthcare reforms in 2008 leading to the ACA 2010 as it was passed in Congress due to party affiliation

2) stimulus package for the economy: was achieved with legislation being passed in 2009 that led to the additional spending of 787 billion as a response to the Global Financial Crisis

3) Successfully removed US troops from Iraq and Congress agreed to a troop surge in Afghanistan to increase their involvement against the Taliban

4) Obama successfully creating the White House Council on Native American Affairs to safeguard their interests

5) Obama's veto power on the ACA repeal due to high party unity of the Republicans

Obama's policy aims that failed.

1) DREAM Act 2010: failed to achieve due to the lack of votes acquired in the Senate filibuster, also failed to pass immigration reforms in 2012 based on this due to speaker Boehner refusing to debate on the legislation

2) gun legislation as a result of the Newtown shootings in 2012: failed to pass legislations regarding limitations of guns, despite massive public support in 2012 as the National Rifle Organisation's opposition carried more weight that public opinion, plus it was also defeated by the Senate

3) budget shutdown in 2013: decreased Obama's powerful persuasion due to political gridlock = he complied to setting a proposed budget from forced compromise

4) Obama bombing Libya with drone attacks controversial as this was done without Congress approval

5) Obama failing to nominate Judge Garland into Supreme Court as a result of Republican-led Senate refusing to even consider it

Trump's policy aims.

1) American Healthcare Act of 2017 failed to pass due to lack of congressional support even from his own party = had to please both Freedom Caucuses, a group of conservative Republicans that believed the Act did not go far enough on its regulations and cutting deficit and moderate Republicans who feared the loss of health insurance coverage for many citizens

2) Trump's executive order on banning immigration in 2017 lead to dismissing members of Cabinet that opposed to it such as Sally Yates, and sidelining the Defense and Homeland Security Department to create it: failed to pass due to judicial review under Judge Robart, deeming it unconstitutional due to religious discrimination

3) Trump's impulsive appointment of Steve Bannon for NSC: ended up removing him on April 2017 as he was criticised for politicising his office

constitutional advantages for the President.

1) can overcome checks and balances from the Congress (such as international agreements, tools of imperial presidency)

2) commander in chief role of President: gives authority over military policy = e.g. Obama's intervention in Libya in 2011, in order to overthrow the brutal Gaddafi regime, underscoring the critical need for coupling military action with political and economic strategies that Congress was unlikely to respond to

3) position as Head of State and Chief diplomat = can conduct foreign policy with other counties

4) Executive agreements are used to bypass constitutional restrictions = ignore the need of Senate to bypass Senate ratification of treaties

constitutional disadvantages for the President.

1) Congress holds a multitude of constitutional powers that restrict the President such as the power to declare war = Obama faced criticism for both overstepping constitutional authority by intervening in Libya without Congressional approval

2) they have funding powers thus can restrict military action: Clinton was forced to withdraw US forces in Bosnia as Congress refused to fund for the deployment of military forces = they feared the mission to be threat for the US as Bosnia was at civil war

3) Senate has the power to ratify treaties, thus can restrict President's goals in foreign policy = UN disability rights treaty rejected despite Obama signing it in 2009 as conservative Republicans argued that it threatened US sovereignty

political advantages for the President.

1) National mandates gives better position for decision-making for the whole US = Obama's national mandate on the 2012 Sandy Hook Newtown shootings

2) As president is the only nationally elected body has has more authority than Congress: his presidential prowess is looked up upon by the public = Obama's establishment of the White House Council of Native American Affairs in 2013 safeguarded their interests as the Council aimed to address persistent challenges faced by Native American tribes, including economic development, education, public safety, and healthcare in order to strengthen their relationship and protect their sovereignty

3) Congressional leaders tried to take control over foreign policy facing criticism = Nancy Pelosi criticised for visting Syrian president in 2007 was seen as an overstep for her role as House speaker, plus the Bush administration had adopted a policy of isolating Assad's regime, accusing it of supporting terrorism, destabilizing Iraq, and aligning with Iran Pelosi's visit was seen as undermining this policy.

political disadvantages for the President.

1) Congress may feel entitled to determine US foreign policy =

2) challenges the presidenctial policy when there is a divide government and hostility

3) separation of powers indicates that individuals of Congress are encouraged to respond to constituency views

4) public in state/district may opposed presidential policy, thus Congress can challenge it

practical advantages for the President.

1) changes in practical considerations as there is a big surge in the president's control over military policy overtime

2) changes in technology altered relationship between President and Congress = the need for fast decision making, secrecy and expertise increased due to technological advancements

3) President and EXOP are more suited for foreign policy due to access to classified information

practical disadvantages for the President.

1) it depends on the type of foreign policy that is being conducted and the level of partisanship

2) Congress has its own expertise in foreign affairs which can question President's authority = John Kerry under Obama which managed to develop peaceful developments in the Middle East

3) Closed sessions of Congress where congressional committees can receive sensitive information that helps them challenge the executive action