2024 mocks dump

Question 1

evaluate the view that checks and balances are harmful to effective governance

Answer 1

effectively stops authoritarian executive
- this was the aim of the founding fathers
- the judicial branch can declare executive acts unconsitutional (e.g. December 2021 supreme court declared Biden’s attempt to remove Trump’s ‘remain in Mexico’ unconstitutional
- the legislative can override the presidential veto, confirm executive appointments, ratify treaties and impeach the President

checks the power of the judicial and legislative branch
- executive can appoint federal judges to the supreme court, make appointments to federal posts and negotiate treaties (e.g. Trump’s three appointments to the supreme court in 2017, 2018 and 2020)
- the legislative can impeach and remove judges, approve consitutional amendments and approve appointments of federal judges
- supreme court can declare acts of congress unconsitutional (e.g. in 2022 when new york’s firearms law was against the second amendment)

but arguably limits the power of the branches too much
- Biden tried to raise the minimum wage in Setpember 2023 but the court ruled he didn’t have the authority

Question 2

is the consitution more effective at checking the power of the President than Congress?

Answer 2

the president is very limited in what he can do
- the judicial branch can declare actions unconstitutional
- legislative can override presidential vetos, confrim executive appointments, ratify treaties and impeach
- e.g. Biden’s attempt to lower minimum wage and attempt to remove Trump’s remain in mexico policy

but the legislative branch is equally limited
- the judicial branch can declare acts of congress unconstitutional (e.g. 2022 new york’s firearms law)
- executive can propose and veto legislation, make appointments to federal posts and negotiate treaties

rather the constitutional checks limit their power equally?

Question 3

is the US constitution fit for purpose?

Answer 3

good separation of powers and checks and balances
- examples from previous plans

encourages bipartisanship
- historically this has been effective but less so today
- framers of the constitution wanted compromise between president and congress (e.g. 1996 welfare reform between democrat clinton and republican congress)
- today gridlock and lack of cooperation is more common suggesting it is no longer fit for purpose
- e.g. Trump’s appointments to the increasingly republican supreme court
- the rise of caucuses in the house, threat to funding in Ukraine

too inflexible and difficult to reform
- around 340 school shootings just in 2023 alone
- needs two thirds majority vote in the senate and house of representatives
- three-fourths of state legislature must approve
- only 27 amendments ever and 10 of them are the bill of rights
- example of Biden and New York gun legislation
- 12,000 amendments proposed since 1787 meaning a 0.2% success rate

Question 4

is the amendments process of the consitution effective

Answer 4

too inflexible and difficult to reform
- around 340 school shootings just in 2023 alone
- needs two thirds majority vote in the senate and house of representatives
- three-fourths of state legislature must approve
- only 27 amendments ever and 10 of them are the bill of rights
- example of Biden and New York gun legislation

protects it and gives it a timeless nature
- “New York Times v. United States” (1971): Better known as the “Pentagon Papers” case, the Supreme Court upheld the First Amendment rights of the press, allowing the New York Times and Washington Post to publish classified documents about the Vietnam War
- first amendment

still stays relevant despite its age due to its ambiguity
- “Obergefell v. Hodges” (2015): The Supreme Court ruled that state bans on same-sex marriage and the refusal to recognize such marriages performed in other states violate the Constitution’s guarantees of equal protection and due process.
- 14th amendment

Question 5

is the relationship between the federal government and the states determined more by the president than the US consitution?

Answer 5

regardless of the president in power federalism has broadly remained
- seen in separation of power between the executive and legislative
- dual federalism 1790s-1930s
- cooperative federalism 1930s-1960s
- creative federalism, Lyndon B Johnson
- new federalism 1960s-2000s Nixon, Clinton
- the caveat of how they sometimes weren’t entirely federalist

today - Trump
- his appointments to the supreme court
- use of emergency declaration such as to build the wall
- he did give state’s more autonomy in the handling of COVID and vaccines

today - Biden
- Biden’s COVID response and vaccine rollout that limited state powers
- his reversal of Trump’s immigration policy is much more federalist

Question 6

does the US remain federal

Answer 6

obama: more power to states
- affordable care act mandated individual health insurance and showed federal nature
- but obama encouraged state-driven education reforms through federal grants in ‘race to the top’
- he also set federal emission targets but allowed states to devise their own plans

trump - more power to the states
- aggressive enforcement of federal law such as building the wall and general immigration policy
- but the COVID 19 response, rolling back environment policies and obama’s emission standards

biden: more power to federal economy
- he allocated fedearl funds for state and local infrastructure projects allowing states power
- but his centralised COVID response and climate initiatives set national standards

Question 7

has congress’ power increased in recent years?

Answer 7

legislative powers haven’t increased due to increased partisanship

foreign policy powers have weirdly increased
- technically they declare war but the president can still launch attacks so this power has weirdly been taken away
- but could be argued that they influence foreign policy powers in a different way now
- recent example of caucuses saying they won’t provide funding to israel without immigration reform and the senate saying they won’t provide funding to israel without more aid to ukraine
- and it recently secured a trade agreement between the US and Taiwan

increased seen through recent role in education?
- introduced a bill to reduce the financial burden of higher education on students and families in late 2023 coming into effect early 2024
- a new federal law expanded access to universal pre-kindergarten education across the country

Question 8

is congress effective in fulfilling its reprentative function?

Answer 8

representation of minority groups has increased
- number of minorities doubled since 2003
- black americans and natives are proportional to their US population share
- BUT hispanics make up 19% of the population and only 11% of house members
- asian americans make up 6% of the population but only 4% of house members

they reflect the increasingly partisan political environment
- examples of how the US population is more partisan (Jan 6?) and how this is seen in congress
- but general public tends to favour collarborate problem solving on major policy issues
- the 116th congress most partisan in history
- polling shows population not be on the same page

interest groups broaden opportunities for representation
- LGBTQ groups like GLAAD are instrumental in passing the 2015 reform through raising awareness and legal advocacy
- climate change groups important in passing environmental legislation like stopping logging in Alaskan national parks or the inflation reduction act

Question 9

is the legislative process more influenced by pressure groups than parties

Answer 9

influenced by pressure groups:
- substantial financial resources that many interest groups possess, their ability to focus intensely on specific issues, and their skill in mobilizing public opinion and voters
- in 2021 the house passed a bill on cannabis usage because of great bipartisan support as a result of lobbying from the CSI (cannabis science institute) but then failed in the senate

but rather most influenced by parties due to the increasing nature of partisanship and divide in congress

the legislature still holds the primary role
- parties are still very strong
- seen in role of gun legislation, many pressure groups that are consistently unsuccessful
- the same goes for environmental legislation

Question 10

is campaign finance the most significant factor in determining the outcome of an election?

Answer 10

campaign finance is not the most significant factor
- Trump won despite being outspent by Clinton
- Micheal Bloomberg, one of the richest in the US, won only a handful of delegates in the democratic primaries

media presence and candidate personality
- Trump’s charisma over Clinton
- Obama’s relatibility in comparison with old white men and sense of humour, ‘hope and change’, ‘yes we can’
- slogans like MAGA and Trump’s use of twitter
- reagan was known as ‘the great communicator’

external factors
- reagan came into power because of his economic policies that moved towards the new right and free trade and away from keynesian economic, there was a decline that needed addressing similarly seen in the UK
- Trump beat Clinton arguably because of the feeling that America was losing its grip on being a global superpower, wanted to MAGA
- Obama beat john mccain arguably because of rise of inclusivism and liberalism in America, didn’t want another old white man
- Biden because he was the only alternative to Trump, his lack of charisma strengthens this argument

Question 11

do gender and education play the most important role in determining voting patterns?

Answer 11

gender and education
- 2016 presidential election: higher percentage of women voted for clinton (but bcs she was female?)
- 2018 midterm elections: women supported democrate candidates, those with a college degree voted democrat
- 2020 presidential election: continued the trend, women for biden and college-educated as well

geography
- talk about traditionally liberal and conservative areas in the US, south and non-coastal west republican
- importance of swing states (e.g. ohio, michigan, pennsylvania, florida) but note how some are movinf to one side
- democrat safe seats e.g. california, new york, massachusetts
- republican safe seats e.g. texas, alabama, utah
- 2016 presidential election: urban-rural divide, urban areas in favour clinton and rural trump (rural voters emphasised conservative values), same went for the 2020 election

Question 12

evaluate the electoral college

Answer 12

in need of reform
- safe states ignored by candidates
- smaller states votes are worth more than larger states which is undemocratic
- you can technically win with just 22% of the popular vote
- an outdated system used by the founding fathers to manage the population

ensures candidates broaden their national appeal
- the US is so large and diverse, such a wide array of people and opinions they all need to be represented
- just having a popular vote wouldn’t work because a President may gain a majority vote from people who are all like-minded

hard to replace and causes polarisation
- there is no consensus on what would replaced
- it would require a constitutional amendment which is notoriously hard to pass
- without the college candidates would choose more extreme policies to appeal to their existing support base which would worsen existing polarisation

Question 13

what to say when talking about polarisation?

Answer 13

• increasingly partisan supreme court e.g. Trump’s appointments
• rise of divisive politics globally, more populist leaders and campaigns like BLM that divide
• weak presidents unable to keep congress in line (Biden and being pressured over foreign policy by both the house and senate)
• 116th most partisan congress in history
• decline of moderates on both sides (BDDs and RINOs)
• rise of caucuses like freedom caucus

Question 14

some recent examples of devolution in the uk?

Answer 14

1. 2023 autumn statement committed to strengthening the power of existing metro mayors as part of the levelling up strategy, reflecting local capacity and need for change
2. new apprach agreement 2020 restored the northern ireland executive after a three year hiatus
3. 2018 and 2019 Wales gained powers over land transaction tax and were granted powers to set rates for a portion of income tax

Question 15

overview of constitutional reform in th UK?

Answer 15

• human rights act 1998, codified ECHR, 2005 protected the rights of foreign errorirms suspects by stopping them being held indefinitely without a trial
• devolution reforms, Scottish parliament 1999, Welsh and Northern Ireland assemblies 1998, conservatives Scotland act 2013 gave them tax powers and the same for Wales 2014
• parliamentary reform, house of lords act 1999 removed all but 92 hereditary peers, conservatives hosue of lords act 2014 allowed peers to resign, creation of supreme court 2009

Question 16

arguments for and against constitutional codification?

Answer 16

• logical conclusion to recent reform (fix terms parliament act 2011) BUT there is no great demand for it (other current issues)
• it would untrench rights (British bill of rights) BUT a flexible constitution works better, allows quick response to pressing issues (truss energy bills)
• eradicating conventions would reduce ambiguities (proroguing) BUT it would give unelected judges more power

Question 17

is the UK leigslative process effective?

Answer 17

• committee stage brings extra scutiny (2018 windrush committee) BUT they can’t always reach an agreement (Brexit 2015-2017)
• it goes through two houses for extra scrutiny (animal welfare currently in second stage) BUT commons can refuse to accept Lord’s amendments (2021 refused to accept amendments to the trade bill with countries committing genocide)
• whip system means legislation is passed BUT this may not allow for proper scrutiny (2022 fracking bill)

Question 18

opposition effective in holding the PM to account?

Answer 18

• whip system means hard to challenge legislation (seen in 2022 fracking bill, Rwanda scheme? very persistent) and FPTP means they are almost always in a minority, only 3 out of 20 days to choose the topic of debate
• can be done through the media (Labour’s controversial attack ads, Starmer’s interviews), PMQs are not entirely effective but do act in a showy way to hold PM to account
• opposition may often be divided (seen particularly under Corbyn who allowed labour MPs free votes on the renewal of Trident 2016) and this is often the case when they are not in government

Question 19

principle role of backbench MPs to hold government to account?

Answer 19

• yes seen through the role of select committees e.g. the BBBC who recently brought forward debate on victims of road traffic offences in January 2024 and selecting the topic of a referendum on the EU that sparked Brext in 2011, they are limited though because the government doesn’t have to listen to the BBBC, they also play a role in select committees e.g. 2018 windrush scandal
• yes - to scrutinise the government, oral and written questions, 2019 996 hours spend on questions, PMQs
• rather to represent the concerns of their constituents (e.g. with the cost of living crisis MPs have called for welfare benefits, emergency support measures for energy bills and to address food insecurity)

Question 20

does the commons carry out its function effectively?

Answer 20

hold government to account
- oral and written questions, 2019 996 hours spend on questions, PMQs
- 22 emergency debates from 2017 to 2019
- scrutiny of Johnson’s government through COVID inquiry
- maybe limited as Starmer has scrutinised Sunak weekly about Rwanda but it hasn’t done anything

represent constituents
- e.g. with the cost of living crisis MPs have called for welfare benefits, emergency support measures for energy bills and to address food insecurity)

influence legislation
- seen in role of BBBC
- recently brought forward debate on victims of road traffic offences in January 2024 and selecting the topic of a referendum on the EU that sparked Brext in 2011, they are limited though because the government doesn’t have to listen to the BBBC, they also play a role in select committees e.g. 2018 windrush scandal

Question 21

is the commons in more need of reform than the lords?

Answer 21

calls for more reform in Lords but has been sufficient in commons
- 2010 coalition introduced select committees and the BBBC (example of the BBBC in use)
- 74% of people want a fully or partially elected Lords
- there has been the Hosue of Lords act 1999 and 2014 though…

representation is better in commons than lords
- 34% of commons is female but 29% of lords is female
- but is the lords role to represent?

Lords should not be made elected
- as members are not elected they don’t meed to reflect the population and perform a different role
- if they became elected they would have to become professional and basically become no different to the Commons, they have a lot of expertise at the moment
- but FPTP for Commons could be deemed unrepresentative

Question 22

dies the Lords carry out its function effectively?

Answer 22

Reform has made the lords carry its function out better (1999 and 2014)
Become too assertive, 2006 salisbury convention issue (but clearly one off)
Calls for more reform, people unhappy with unelected nature
BUT
Issues addressed in a non-partisan manner (compared to seemingly more partisan commons?)
Wide range of expertise that MPs don’t have
- 2 directly elected mayors
- a former police and crime commissioner
- President of Columbia university
- 3 olympic athletes

Question 23

has parliamentary reform been effective?

Answer 23

Good reform in the lords, made a big difference
HRA under Blair but the threat of Johnson and Sunak in their ability to almost change it
Devolution reforms and new powers of nations but calls for more?
Parliamentary reforms such as lords, creation of supreme court and issues with this
Conservatives house of lords reform act 2014
Blair’s house of lords act 1999

Question 24

has devolution been effective?

Answer 24

Pretty effective, not really asking for more
Counter-argument that they called for independence but current position of SNP
Past reforms effective such as under blair administration and the 2014 powers granted after the independence vote
Has protected regional interests and cultures
Sufficient autonomy - senedd elections lowered voting age to 16

Question 25

should there be more national devolution

Answer 25

Would protect regional interests and culture
Wales can currently teach welsh in schools can implement more protections
England/westminster has too much power
Not really asking for more
Scotland wants more but they are basically at devo max and are about to reach independence
Seems like SNP will be voted out anyway

Question 26

is the PM free to follow the policies they want?

Answer 26

Yes, talk about some of sunak’s most recent initiatives
- Attempting to initiate the compulsory maths for a levels
- No more smoking for young people
- Climate policies
- Immigration policies
But still limited by the opposition
- Particularly now with labour in a considerably stronger position than the conservatives
- Generally through scrutiny like PMQs etc.
- Labour’s pressure on the conservatives like through their adverts (rishi thinks rapists shouldn’t go to jail)
And limited by the public
- They hold the government to account in a way
- protests, media etc.

Question 27

is the UK executive effective in carrying out its roles?

Answer 27

yes - the cabinet is effective in its policy making decisions
- COVID vaccine booster rollout 20221 was widely praised by medical professionals
- but the whole Rwanda and immigration scandal has many questioning their legitimacy

good handling of economics
- Sunak’s government is recovering the post-pandemic economy?, it is 1.8% larger than 2019 with growth outstripping both Germany and France (not like this is saying much though)
- but rather growth. is slower than the rest of G7 and cost of living pressures are ongoing

effective in proposing legislation and passing it
- controversial police, crime an sentencing bill 2021 received a lot of backlash but was still effectively passed
- but Sunak has also missed important targets for the NHS due to lack of support that leaves it in a dangerous position over the winter