mocks summary Flashcards
- legislative powers
- influence over appointment process
- public approval and national events
- power of the EXOP
- oversight of other branches
- use of executive powers
arguments that the president is not powerful in domestic affairs
- weakness of the cabinet
- EXOPs limitations
- limits to appointment powers
- public approval and national events
- the iron triangle
- checks from congress and the supreme court
what are the president’s foreign policy powers
role as commander in chief
- ability to dispatch troops
- can exert pressure without using force
the limits of congress
- can no longer declare war
- can be bypassed in ratifying treaties
role as chief diplomat
- sets the national tone of foreign policy through inaugural address or state of the union address
- able to appoint and control diplomats
what are the four theories of presidential power
- neustadt power to persuade: presidents are weak and can achieve little unless they are skilled in the art of persuasion
- schlesinger the imperial presidency: presidents are powerful and face few effective checks
- Wildavski the dual presidency: limited in domestic but few checks in foreign policy
- Howell power without persuasion: presidential power has grown steadily particularly in the second half of C20
arguments that the constitution is effective?
- checks and balances effectively keep each branch in line
- federalism is still in place
- the amendment process stops it becoming a reflection of its time
- it is adaptable
arguments that the constitution is not effective?
- bipartisanship in the US has failed
- federalism is no longer in action
- the constitution is too difficult to amend
- the constitution is too vague
- the branches do not effectively check each other with the President and SC being too powerful
arguments that separation of powers is effective?
- there are effective checls on the President
- there are effective checks on congress
- there are effective checks on the judiciary
- a divided government can be healthy
arguments that separation of powers is not effective?
- weak checks on the president
- weak checks on congress
- weak checks on the judiciary
- bipartisanship has deteriorated and a divided government is not good
arguments that the US remains federal?
- the supreme court makes rulings in favour of states over federal government
- states retain autonomy through variation of electoral practices, healthcare, criminal punishment, taxation, drugs and national crises managements
arguments that the US is not federal?
- federal encroachment on state issues: education, homeland security and defense, illegal immigration, healthcare
- federal encroachment in national crises
- the supreme court makes rulings in favour of the federal government
arguments that the constitutions amendment process is effective?
- protects states and upholds federalism
- prevents ill thought out amendments
- requires broad support through supermajorities
arguments that the constitutions amendment process is not effective?
- goes against the concet of a majoritarian democracy
- difficult to amend outdated provisions or to incorporate new ideas
- enhances the power of the unelected supreme court to make interpretaive amendments
arguments that the electoral college does not need reform?
- preserves the vote of small population states
- promotes a two horse race
- there are no viable alternatives
- ensures candidates have nationwide appeal
arguments that the electoral college does need reform?
- small states are overrepresented, tyrrany of the minority
- the winner of the popular vote doesn’t necessarily become President - undemocratic
use and impact of campaign finance?
- fundraising is getting more expensive
- super PACS in the 2020 election
- where the money goes
- who is donating
history of campaign finance?
- Federal election campaign act 1974, limited direct contributions to candidates
- 1976 buckley v valeo, limits went against first amendment
- 1979 congress weakened introduced soft money
- McCain-Feingold act 2002
- Obama’s role in 2008 election
- 2010 citizens united v FEC
- McCutcheon v FEC 2014
arguments that congress is effective in its representative function?
- minority representation
- interest groups and lobbying
- representative models
arguments that congress is not effective in its representative function?
- minority representation
- incumbency and gerrymandering
- conflict between party and constituents
- interest groups and lobbying
arguments that congress is effective in its legislative function?
- the need for supermajorities ensures broad consensus and bipartisanship to pass legislation
- the low pass rate means only necessary legislation becomes law
- congress can pass emergency legislation
- significant laws have been passed historically
arguments that congress is not effective in its legislative function?
- not enough major legislation is passed (2-3%)
- key individuals dominate the process
- gridlock is common due to a rise in polarisation
arguments that the supreme court is political v judicial
they are obviously more political
- the appointment process
- commenting publicly on politics
are they interfering directly
- checks and balances
- it has a limited ability to enforce its rulings
- creating vs upholding policies
race and rights protection in the US
- executive orders
- congressional law
- supreme court rulings
- statistics show improvement
strengths of the judicial appointment process
- they face high levels of scrutiny
- justices may not follow the political outlook expected of them
- it produces competent judges
weaknesses of the judicial process
- it is overly politicised
- it doesn’t produce good judges
