Key facts Flashcards
What gave congress a lot of power?
The Elastic Clause - can make all laws deemed necessary and proper in Article 1, Section 8.
Seen with the PATRIOT Act 2001
Example of enumerated power of the President
Article 11 made him Commander in Chief
Example of implied power of the President
In 1947, Ptrsident was accepted as Commander in Chief of Airforce based on Article 11
What granted the judiciary power
Marbury v Madison 1803 - granted them power over judicial review when the judiciary declared they did not have the power to judge whether or not Madison was acting unconstitutional by not delivering Marbury’s documents that had made him a Justice of the peace under the previous president, Jefferson.
What is the percentage of the population needed to stop a constitutional amendment?
2% according to Justice Scalia
When was the last constitutional amendment
1992 - 10,000 have been introduced in total, only 27 have ever passed!
Unsuccessful constitutional amendment
2006: Bush requested to pass an amendment that would allow him to veto parts of a bill.
1972: Equal rights amendment stopped
A controversial constitutional amendment?
Article 2 - right to bear arms.
although only 1/5 of people want to fully repeal it!
Walk through of Watergate scandal?
June 1972: burglars entered democratic national committee offices in Watergate. burglars employed to gather evidence to help the re-election of Nixon, yet Whitehouse staff dismissed the claims.
However, in Nixon v US 1974, it was decided that Nixon must release tapes that incriminated the Whitehouse in the scandal. He resigns before an impeachment process could find him guilty.
Walk through of Clinton impeachment
1998-1999
in a sexual harassment lawsuit by Paula Jones, Clinton denied charges.
in 1997, Monica Lewinsky - a Whitehouse intern - claimed she had a sexual relationship with Clinton, who said “I did not have sexual relations with that woman”.
However, by 1998, it was found that he did and the House of Representatives voted (with 31 Democrats joining) to begin the process of impeachment by launching an enquiry.
However, he was ultimately acquitted.
Trump vetoes
10 vetoes. 1 override (National Defense Authorization 2021 - when he was a lame duck!) 81-13 override!!
Obama vetoes
12 vetoes. 1 override (Justice Against Sponsors of Terrorism Act 2016 97-1).
Does it really prove that Obama was that weak… exception considering it was concerning 9/11 as it allowed relatives of victims of 9/11 to sue Saudi government.
Bush vetoes
12 vetoes, 4 overrides (all in his second term)
Walk through of Trump’s first impeachment
Trump bribed foreign aid and support to Ukraine in return for information on Biden that could help him win the election.
Senate voted 48-52 against abuse of power (although republicans like Mitt Romney did vote against Trump!)
Walk though of Trump’s second impeachment
January 2021: insurrection on Capitol Hill
Even though Senate voted 57-43 against Trump (including 7 Rep.), it still isn’t a supermajority and Trump remained.
Shutdown due to power of the purse showing gridlock?
2018-2019: government shut down for 35 days and 400,000 staff furloughed as Trump wanted $5b for a border wall!
How does Congress declare War?
Mostly through AUMFs nowadays.
2013: Obama tried to obtain a AUMF to attack Syria after chemical attacks but it was rejected.
2001: successful AUMF “against all those who aided” 9/11, and all related forces. It was even used in 2011 under Obama when al-Awlaki was killed in Yemen by a drone strike.
When has Congress authorised a Treaty
New START, 2010. Ratified and aimed to reduce nuclear weapons between Russia and US.
When has Congress not authorised a Treaty
Iran Nuclear deal 2015, which would reduce Iran’s nuclear weapon producing capacity in exchange for economic relief.
However, Trump withdrew in 2018 - mostly due to his preferance of a hard power and instead used trade sanctions to limit Iran!
When has Congress changed Constitution to stop a Supreme Court judgement?
Pollock v Farmers Loan Limited 1895 - passed 16th Amendment which allowed them to levy income tax. SC has since had to stick to it in rulings including NFIB v Sebelius 2012 which classified the individual mandate in Obamacare as a tax!
When did Congress try to limit SC?
2006: Military Commissions Act tried to stop SC hearing Guantanamo Bay cases
When has President not asked Congress for an AUMF
2020: Trump invaded Iran and killed Soleimani, without first consulting Congress.
When has a President gave commutation
on obamas last day, he gave 330 to non violent drug offenders. he also gave a pardon to Chelsea Manning who stole and published state secrets concerning the Iraq War.
Trump pardoned Steven Bannon after tax evasion.
Average campaign cost for a Senator
$10m (average raised by an incumbent was higher than this - $12m, only $2m for a non-incumbent)
How beneficial are franking privileges
Saved constituents $25m in printing and distribution
Evidence of advantage of incumbency
93% of Senators remained the same 2017-2019
How diverse is the Senate
2 black, 26 women
How is president’s power over money limited
2018: Trump requested budget for Environmental Protection Agency be cut by a third. It was cut by 6%.
Evidence of power of primaries?
2014: Eric Cantor lost a Primary in West Virginia to a Tea Party Member. They blamed him for not speaking out enough about Obama!
2022: Tom Rice, Senator for South Carolnia, lost his seat in the Primary to Russell Fry - an avid Trump supporter - perchance because he voted to impeach Trump over the insurrection.
How much spent on lobbyists?
2020: $3.5b spent on them
Example of majority-minority district
Illinois 3rd District
Although SC ruled that use of race alone in redistribution was unconstitutional in Cooper v Harris 2017
Example of revolving door
2018: Representative Lynn Jenkins sets up a lobbying firm, whilst still in Congress!
(this is so bad considering groups with so-called “revolving door lobbyists” prevailed in their lobbying efforts 63 percent of the time.)
What proportion of bills make it to committee stage
7%
How does the House Rules Committee undermine democeacy
Limits debate time, and can set closed debates.
2017: Tax Cuts and Jobs Act limited to 4 hours -» it is generally very rushed through, and passes in under 2 months!
Example of filobustering
2013: Green Eggs and Ham by Ted Cruz on ACA for 21 hours.
Example of pigeonholed bill
2013: John Boehner refuses to allow House of Representatives to debate the Border Security and Immigration Act (he, as the House speaker, had significant say over this and as a Republican was against immigration reform)
What happened with Bork’s appointment?
1987: Robert Bork appointed to be next SC judge by Ptrsident Reagan.
Opposition due to his role in the Saturday Night Massacre - the dismissal of aides who were partially responsible for the incriminating evidence of Nixon in the Watergate scandal.
Senate rejected him 42-58. then, they accepted Justice Kennedy 97-0
When was the Thurmond Rule used?
2016: Obama nominates Merrick Garland to replace Justice Scalia. Mitch McConnell says that the appointment is void because it should be made by the incumbent - not Obama at this point (Trump!)
Bit contradictory considering ACB was nominated in 2020, 35 days before Biden’s inauguration!
Example of committee that limits President
January 6th Committee
Where have Presidential appointments been rejected?
1989: Bush’s nomination of John Tower as Secretary of Defence, for reasons including his “womanising” history, and his dislike of the Civil Rights Act 1964!
How many days did Paul Ryan spent in his home consittuency
218
What was the Bridge to Nowhere
Alaska Bridge set up as a Xmas Tree Bill commissioned for $400m in Surface Transportation Extension Act of 2011
Bills that have been signed by Presidents
No Child Left Behind 2002
Obamacare 2010
Infrastructure Bill 2021
Which judges did Trump nominate
Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett
Where was Obama’s power over appts limited
NLRB v Canning 2014: 4 of Obama’s recess appts deemed unconstitutional - needed to be in recess of 10+ days!
An order that has been consistently withdrawn and reintroduced?
1984: Reagan order prohibited family planning clinics that receive federal funds from informing clients about abortion options
1993: Clinton revoked it
2001: Bush reintroduced it
2009: Obama reintroduced it
2018: Trump revived it
Where have executive orders been good?
Affirmative Action by Kennedy in 1961
Where have executive orders been for foreign policy
2022 -> Biden EO for trade sanctions for Russia and Russian backed occupied areas of Ukraine
Also EO 13729 (Muslim travel ban) in 2017
Presidential proclamation?
2001: after 9/11 (national emergency by reasons of certain terrorist attacks)
What limited the President’s power over foreign policy?
War Powers Resolution 1973 - President has to notify congress within 48 hours of military action.
Every President since the 1970s has challenged it
2011: military action by Obama in Libya (and also in 2011, the assassination by drone strikes of Anwar Al-Awlaki which used a decade old AUMF!)
2020: Trump invaded Iran and killed Passim Soleimani, without first consulting Congress.
Where have State of the Union addresses been successful?
2002: Bush requested Congress’ assistance in acting against the ‘axis of evil’ - Iran, Iraq, and North Korea.
An AUMF was passed in 2001, and continued to enable Bush’s foreign policy!
Where have State of the Union addresses failed?
2018: Trump called for Congress to stop Obamacare (failed)
2010-2016: Obama called for immigration reform every year but none happened!
Where has a President attempted to morally appease to Congress?
2012: Obama after Sandy Hook Massacre -> “we have an obligation” (although very little gun control law has been passed federally).
Where has a President used the bully pulpit?
2017: Trump bussed entire Senate for a briefing on North Korea after Trump pressured the UN for further sanctions to be placed. This enabled him to later threaten that they were ready for a War on NK if necessary.
Where has a president used their own gravitas?
2017: Trump sent his aide, Conway, to share information with whips on who was willing to support the Tax Cuts and Jobs Act 2017 in order to decide the best way to pass it.
How did President decrease the power of his executive office
Trump relegated chairs of joint chief of staff to only attending meetings relevant to their experience
What Cabinets have different Presidents created?
Bush -> Homeland Security, created in 2002
How frequently did Obama meet with his Cabinet
Around once every 2 months, and referred to them as “good students in class”
How has a Cabinet undermined a President?
When they speak out against a President?
2020: Attorney General William Barr said that there was no proof of election fraud in the election.
2016: Chuck Hagel - Obama’s Sec of Defence - spoke out against Obama for not invading Syria on 2013
Expertise within a Cabinet
Tim Geithner was President of federal reserve bank, then Secretary of Treasury under Obama
Where was the Bush Doctrine evident?
2001: invasion of Afghanistan which forced the collapse of the Taliban within 2 months
2002: Guantanamo Bay repurposed for terrorists, detaining up to 500 such inmates at a time
2003: Iraq War due to their alleged stockpile of weapons (and despite no evidence of weapons of mass destruction in a search, the Iraq War does go ahead and kills 500,000 Iraqis!)
2004: Condaleeza Rice only allowed to testify in front of National Commission on Terrorist Attacks if it does not set a precedent
Obama foreign policy?
Guantanamo Bay remained open
Extended PATRIOT Act 2001
Used Bush’s AUMF to justify how Anwar al-Awlaki was killed in Yemen by a drone strike by the US in 2011
2011: withdrew from Iraq
Trump’s foreign policy?
2017: vows to meet NK with “fire and fury”
2020: kills Quasem Soleimani (still related to Bush’s 2001 AUMF!)
How has Congress limited foreign policy of a President?
2015: A National Defence Authorisation Act in the Senate that barred the transfer of Guantanamo inmates to the US stopped Obama’s plan.
Where has Supreme Court supported President foreign policy?
Hawaii v US 2018
What was a significant move on gun control?
The Brady Bill in 1993 - introduces background checks for gun purchases
A unified Supreme Court appointment?
Ginsburg: 96-3 (1993)
A less unified Supreme Court appointment?
Brown: 53-47 (2022)
Party positions on death penalty
Dem: abolish death penalty
Rep: right of the people
Party positions on same sex marriage
Dem: support the Defence of Marriage Act 2012’s Repeal
Rep: marriage is between a man and woman
Party positions on abortion
Dem: should have access
Rep: infringers on right to lfie
Party positions on minimum wage
Dem: $15 min wage
Rep: state issue
Party positions on healthcare
Dem: Obamacare
Rep: repeal Obamacare to cut tsxes
Party positions on tax
Dem: wealthy pay more
Rep: if investment creates high tax, lower tax
Who is Bernie Sanders?
2016 Presidential election candidate.
Believes in free education, universal healthcare
Who is AOC?
NY 14th District Democratic Socialist
Won election in 2018 despite being outspent by a margin of 18 to 1.
How much does it cost to win a Seat in Congress
$10m - only 3 Dems in the entirety of Congress have won with a budget of under $10,000
(however, it is possible - AOC!)
Who is Joe Manchin
One of the most right-leaning Democrat Senators
2018: only Dem to vote for Brett Kavanaugh
What demonstrates the Blue Dog Democrats power
2020: helped Trump push through budget to stop shutdown. Urged Democrats to vote for it (it included policies that appeased them, including cutting funding for Medicare providers by $500b!)
What demonstrates the difference in opinions between different Dems?
American Voters for Prosperity approval ratings!
AOC - 9%
Joe Manchin - 37%
Name a Moderate Conservative
Lisa Murkowski - one of the only Republicans to vote for Justice Brown in 2022
Name a Fiscal Conservative
Mitch McConnell - Speaker of the House and has, as of yet, refused to negotiate an increase in the debt ceiling in the House, which is becoming an increasing issue for Biden.
Name a Social Conservative
Ted Cruz.
2013: 21 hour filibuster against Obamacare
Where has a third party candidate hindered an election?
2000: Ralph Nadar ran as a Green candidate - this created a spoiler effect where he took 3% of the votes (mostly from Al Gore).
This meant that otherwise, Al Gore may have won!
When does the invisible primary beginq
No set date:
Trump announced he would rerun as President on the same day as his inauguration in January 2017
Some take longer to announce - Biden, April 2019
Evidence off influence of the media?
Jeb Bush withdrew from 2016 election in 2015, after losing a Twitter debate with Trump -> dubbed him an “embarrassment to his family”.
Evidence of influence of Iowa primary?
Since 2000, every Democrat who has won Iowa Primary has won the election (BUT not always: Ted Cruz won Iowa in 2016!)
Evidence of influence of Super Tuesday?
+Biden won 10 states in Super Tuesday (although Bernie Sanders did win 4!), and he won the election
-Trump won all 14 states in Super Tuesday in 2020, yet lost!
What is the New Hampshire Effect?
The belief that a candidate would never be President unless they win New Hampshire.
However, Bush Jr won the election without New Hampshire in 2000, as did Obama in 2008 (who won the largest majority of 53% in an election since 1988!)
What is turnout like in primaries
Maximum 30% - 2016 (even then, it is not that high with some states in particular having very low turnout - North Dakota, 2020 - 3%)
Proof caucuses are not as good as primaries?
Reliable to overrepresent certain candidates.
E.g. Ron Paul won 21% of the vote in caucuses, but only 12% in primaries in 2012!
Evidence of using experience to select a Cabinet member?
2008: Obama chose the older and more experienced (having been in the Senate for over 30 years) Joe Biden as his running mate
Evidence of using potential rivals to select a Cabinet member?
1980: Reagan intentionally selected HW Bush as his Vice President after a bitter rivalry during the election.
Where have National party conventions settled policy?
2016: Donald Trump urged not to get involved in culture wars with LGBT issues, with one billionaire - Peter Thiel – who was present at the convention saying he was proud to be gay, just as he was proud to be American (maybe not effective considering Trump still banned transgender people from the military in 2019).
Where have NPCs highlighted rising stars?
2004: Obama gave his first keynote speech - he was President 4 years after that!
Where have NPCs healed broken wounds?
2008: Clinton thanked Obama and congratulated him on winning the primary, which healed previously sore scars after what is always a competitive primary.
Question this however with how the 2016 Republican NPC was not quite as nice – Ted Cruz (Trump’s competition) was booed off stage and Jeb Bush was not even present.
What does turnout tend to look like in the election itself?
2020: 67% (highest in over a decade)
What are some Bellweather states?
Democrat: New York (democrat since 1992, currently serves as a Safe Seat for Chuck Schumer) - has only supported a Republican President 6 times since 1930s, and certainly hasn’t since Reagan
Republican: Texas (republican in Senate since 1993 - the last democrat candidate, Bob Krueger, was also on the right wing of the Democrat party) - since 1980, has always voted Republican.
!What are Swing States?
Tend to change hands.
Florida election -> e.g. supported Obama in 2012, but then Trump in 2016, TWO COMPLETELY OPPOSITE CANDIDATES
Evidence of disproportionality in elections?
2 Senate seats added to each ECV, so some states with fewer people get overrepresented.
California, 1 vote per 700,000
Wyoming, 1 vote per 200,000
Where have there been faithless electors?
2016: 5 against Clinton (including Milinex voting for Sanders in Hawaii). 2 against Trump
When have faithless electors has a great influence
Bush only just won election in 2000, with 271 EVCs (270 is needed to win!)
Where has EC undermined democracy?
1992: Ross Perot got 19% of the vote, but no EVCs
Where has the loser won?
Clinton in 2016 got 3 million more votes but 70 less ECVs due to Electoral College votes she lost to Bernie Sanders, including Hawaii
What was the TV debate like in 1980?
Carter was seen as forgettable, Reagan spoke to the nation -> “are you better off?”. although this tactic was copied by most opponents, and has become commonplace now! Carter only won 6 states - shows the influence of such debates!
What was the TV debate like in 2016?
Vicious and competitive - unlike any before.
Clinton arguably outperformed Trump, suggesting policies like healthcare reform (objectively idealistic, however good they may be)
However, both sunk to depths: Trump over Clinton’s deleted emails; Clinton over accusations of rape!
BUT Trump also called Clinton a “nasty woman”
Negative October surprises>
2020: found that trump was $400m in debt, also insurrection!
1980: despite Carter announcing that he had negotiated the release of 50 Prisoners of War within Iran, they were never released which Reagan used in his campaign against Carter, that his foreign policy was insufficient.
Positive October surprises?
2012: Sandy Hook Massacre
2020: Trump having COVID gained him some support
How much was spent on 2020 electino
$3.65b raised
How much did Super PACs contribute?
Spent $2b on campaign
Example of a Super PAC
America First Action.
Spent $130m in support of Trump’s campaign (almost $100m of it was campaigning against opponents), 2020
What funds elections the most?
Individual donations.
$5b in large individual donations!
Pressure groups and funding elections?
NRA spend an average of $700,000 in an election, and more of their importance is based on their election sheet.
Evidence of electioneering by an interest group?
Interest Group pro-choice NARAL has a list of candidates it endorses, this includes members like Nancy Pelosi.
Similarly, NRA campaigned against Joe Manchin because he advocated for background checks (Manchin had to release a video back maintaining his support for them) in 2018
Where have pressure groups tried to stop a Justice?
NARAL campaign #StopKavanaugh - Kavanaugh still got into Congress in 2018-2019, due to the multiple allegations of SA against him.
NAACP supported the appointment of Ketanji Brown in 2022
What was the Keystone XL Pipeline?
A new way to transport oil, if fully built, could travel from Canada to Oklahoma.
the League of Conservation Voters has continually attempted to stop it (to no avail).
2015: Obama halted it
2017: Trump continued it
2021: Biden blocked it
What is Proposition 8?
“eliminate the right of same sex couples to marry” - initiative in California.
It did reach the amount of votes to be passed, but Hollingsworth v Perry 2013 meant that gay marriage was forcibly legalised within California
However, before it was struck down, there was a highly divisive campaign:
-Courage Campaign funded the no Campaign (allow same-sex marriage)
-The Mormon Church in particular was highly influential in the yes campaign ($20m spent)
Where has a Pressure group not been as influential>
Texas teachers organised the ‘Speak out and stand togrthrt’ campaign to protest teachers in Texas being stripped of their pensions under state law in 2018. Realistically saw no success whatsoever: teachers who strike lost their license altogether!
When was the Chamber of Commerce influential?
2004: 2 businesses in Iowa fined by courts for mislabelling their products.
This was appealed, and the appeal court within Iowa had a vacancy so the Chamber of Commerce funded a fiscal Conservative justice to replace this. They were the deciding vote in replacing the prior justice.
How influential is AIPAC
Certainly appears influential as they spent $3m donated to Senators.
Is it really though, considering how groups representing retirees spent $110m.
Still has considerable support - both Chuck Schumer (Senate majority leader) and Mitch McConnell (house majority leader) spoke at 2019 AIPAC Conference
Amicus Curaie briefs influence>
US briefs used in 65% of cases. Obergefell v Hodges had 150 briefs, 67 of which against gay marriage
Proof that Justices do not always side with their appointer?
Roberts was the swing vote in deciding that phone records should not be used in a case without a warrant in Caprenter v US 2018. ROBERTS WAS APPOINTED BY BUSH!
Why was Kamala Harris Biden’s VP?
BIden was 80 years old - he needed someone younger, without sacrificing experience so Kamala’s 50 is suitable.
She was Senator for California prior, so had the requirements.
Evidence that bellwether vs swing states undermine democracy?
94% of events took place in 12 states in 2016, and even within this, its disproportionate.
E.g. Texas had 1 campaign event. Florida had 71!
Evidence of revolving door?
45% of members of the Chamber of Commerce interest group previously held a position in the government.
How much does the Chamber of Commerce spend lobbying
$80m in 2022 - 2nd greatest!
When was the Civil Rights Act?
1964
Evidence racism still perpetuates in US?
2016: Supreme Court had to order Mississippi school district, Cleveland, to desegregate
Where have National Conferences been effective?
2014: UnidasUS - an interest group representing Latinos - dubbed Obama their “deporter in chief” after he ordered the deportation of 2 million illegal immigrants.
What was Shelby County v Holder?
2013
Supreme Court ruled 5-4 that gerrymandering based on the prior formula was outdated, thus should no longer be used to rectify areas of racial discrimination. it did permit a new formula to be created, but it never was, and now state legislatures create boundaries that benefit the incumbent.
What have states done as a consequence of Shelby County
Can now pretty much create their own voting laws (and Mitch McConnell refuses to let the House debate this, so his word is final).
E.g. Texas state legislatures have introduced ID for elections in 2013, which some Low Income Households cannot afford.
How can the NRA spread their message?
Through the media
Sponsored by gun manifacturing company Smith and Weston who manufactured the AR-15 who even launched a show in cooperation “love at first shot” which is a show of women finding their love for guns launched in 2014.
What was the Dodd-Frank Act?
2010: Dodd-Frank Act was introduced to the House of Representatives which was to regulate financial industry (which industrialist resented)
2013: a bill, the Swaps Regulatory Improvement Act, would basically overturn this. When looking at the content of the new bill, it is of a very similar format to a recommendation submitted by industrialist pressure group, the Citibank Lobbying group.
How many days did Paul Ryan spent in Wisconsin
128
What was the Brady Bill and the efficacy of it?
1993; act that introduced background checks to be performed by individual states.
Not that effective really - out of 200m checks, 0.5% of people buying a gun were blocekd
Rcent power of persuasion? The result
Matthew McCaughey delivered a speech encouraging gun reform in 2022 following Uvalde shooting in Texas
Bipartisan group of 20 Senators (including even some more right wing Republicans, like Mitt Romney (announced a gun violence agreement ensuring background checks for under 21s trying to purchase a gun)
A recent protest by a US interest group?
MarchForOurLives - 40,000 protest against gun violence in Washington DC
