US and comparative questions Flashcards
EQ: ‘Federalism and devolution weaken central governments too much’
PARA 1: Reserved powers
PARA 2: Legislative variation/challenges to central/ federal government priorities
PARA 3: growth in US federal government - NCLB Act, Covid relief vs. UK governments with large majorities - Brexit, spending power
PARA 4: complement rather than weaken?
PARA 5: ‘too much’?
EQ: ‘Federalism functions better in the US than devolution has in the UK’
PARA 1: Legislative output
PARA 2: strengthening national unity/dampening enthusiasm for secession/independence
PARA 3: Less gridlock/legislative efficiancy
PARA 4: symmetrical vs. asymmetrical
PARA 5: breath of parties/variety of electoral systems
“Federalism and devolution operate in very similar ways in the UK and USA. Analyse and evaluate this statement.”
PARA 1: legislation - UK is more like US culturally with regions
PARA 2: similarity: electoral systems - structural
PARA 3: similarity: influence of leader
PARA 4: legal structure: difference
PARA 5: different origins and development
What could you say about devolution and federalism similarities?
-operate in v similar ways, much more than the past, given the two systems are moving closer together in recent times.-UK has increased the powers of its devolved assemblies, with many critics even claiming that we have a ‘quasi-federal system’
- while constitutionally, on paper, dev and fed are drastically different, they act in similar ways
Examples of the growing legislative divergence across the different parts of the UK
- e.g., scotland top earners pay more income tax, which has 5 income tax bands, whereas, university students pay higher tuition fees in England
No of cancer treatments available in Scotland and not in England - differences in policies.
What is your although point in similarities….
US expanding the power of federal gov, recent decades have been major initiatives in healthcare+ education, such as nation-wide COVID vaccine rollout, undoubtedly reduce the autonomy of individual states
UK power in devolved assemblies have become more uniform, moving towards US, Wales gained primary legislative powers, following the referendum in 2011.
different states in the US have power to initiate their own legislation through state congress eg. Alabama 2020 introduced Heart Beat Bill which banned abortion after 10 weeks. Whereas in NY, abortion is legal in state leg up to 24 weeks
how did the Affordable Care Act demonstrate that states have power?
Florida and 12 other states brought actions seeking a declaration that it was unconstitutional.
What are differing electoral systems dependent on in each country
regional desire
What kind of electoral system does NY use in their presidential national convention?
primaries
What kind of system does Iowa use in their presidential national convention?
caucuses
How does Washington dc choose their presidential elections?
winner gets all the votes
How do Maine and Nebraska run their presidential elections?
proportional system
US, states can decide the electoral system they use. E.g. NY uses primaries, whereas Iowa uses caucuses during the presidential national convention.-as well as choosing voting system within state election, they can choose presidential elections; Washington DC, winner gets all the votes, whereas Maine and Nebraska asking their electors using proportional system
UK - greater use of different electoral system and increasing responsibility for electoral laws in devolved regions, such as STV in NI, and reduction of voting age to 16 in Wales and Scotland
WHY are there different types of electoral systems across both nations?
because there is a different democratic demand - both nations have adapted
Why is the level of fed and dev greatly determined by political leaders?
USA federalism entrenched constitutional, the UK is publicly entrenched by public democratic pressure
What is Reagans famous 1981 quote on state power?
‘the federal government did not create the states. The states created the federal government’.
Biden EO first week
22
Example of Obama’s federalism
increase in medicare and medicaid and transgender bathroom policy 2016
what did transgender bathroom policy imply?
This guidance, which contained implicit threat of cuts in federal funding if it was not followed, shows that the gap in the dispersal power between the US and UK may not be as severe as previously thought.
what did the International Federation of Independent business vs. Sebelius (2012) do?
harm state power - defending Obamacare and right of federal gov to inforce healthcare rules onto unwilling states
what does the UK have which means that dev is dependent on the leader?
Parliamentary sovereignty
David Cameron and New Labour push for devolution
Boris disinterested? devolution had been a “disaster” in Scotland.
Mr Johnson also reportedly described it as predecessor Tony Blair’s “biggest mistake”.
What does the fact that devolution is adopted into parliamentary statute mean?
leg is only sustained by parliamentary laws, therefore, in theory it could be reversed, as no parliament can bind its successor
Who said that the absence of English Parliament created a ‘hole in the devolution settlement’
Hazel
How was parliamentary sovereignty shown in the Miller vs. Secretary of State case (2017)?
UK SC court ruled that devolved assemblies had no legal veto on Brexit
Miller case 2017, UK SC court ruled that devolved assemblies had no legal veto on Brexit
- Shelby v Holder (2013) - Texas can introduce voter ID laws - states have the right to establish their own rules, struck down key parts of the the Voting Rights Act (federal law) - didn’t need to ask Congress
- DACA 2012 executive orders - loosening immigration laws as many of these children were brought up here- erode state law enforcements BUT Many states ignore Executive Order - will not let Syrian Texans in Florida
Devolution is the delegation not the…
alienation of powers
when has the NI assembly been suspended?
NI 2002-7, over police scandal which left exec collapsed
2017-2020 following renewable heat incentive
What upholds the states legally?
concurrent powers and 10th amendment
why cant these amendments be easily repealed
cannot be repealed easily w supermajorities needed in congress as well as state approval.
How is devolution asymmetrical?
Levelling up, the Westminster Parliament acts, in non-devolved matters, for the UK, and, for devolved matters, for England, and (in principle) as the body with oversight across the subordinate legislatures in the devolved countries, which creates two ‘wicked problems’
What act gave all power to parliament in westminster?
Act of Union (1800)
What is the disadvantages of devolution being a far more recent phenomenon?
the power of the devolved regions is borrowed from Westminster; it can be rescinded
devolution brought about by increased nationalism in devolved countries
federalism and states have stemmed from revolutionary vs evolutionary reasons
UK dev is asymmetric ..
US is less
nearly all states feel a greater sense of detachment from Washington as states were formed before capitol, agreed to give up power to create central gov
whereas UK, sense of regional identity more of a political concept , not all areas adhere to
Manchester has metro Mayors but..
9 cities including Birmingham rejected David Cameron propositions for regional structures in 2012.
How would you know that the UK and US differ dramatically in their legislative process?
By comparing attitudes to an array of human rights debates, such as abortion, LGBTQ+, race and gun laws
Unlike the UK Supreme Court, which can only declare Acts of Parliament as ‘incompatible’ with the Human Rights Act (1998)
the US Supreme Court can strike down legislation in landmark rulings which is respected by all other branches of power.
Civil Rights are at the forefront of many of these cases, such as Obergefell vs. Hodges (2015), which declared that the fundamental right to marry is guaranteed to same-sex couples.
Whilst the UK Supreme Court has upheld same sex rights in a similar regard, by amending the Rent Act of 1977 to adhere to homosexual couples in Ghaidan vs Goblin-Mendoza (2004)
How does the UK judiciary not have the US SC sovereignty?
displayed in the HM Treasury v Ahmed (2010) which was overturned by the Terrorist Asset-Freezing Act (2010).
Unlike the UK courts which use an independent body to appoint their judges, known as the Judicial Appointments Commission
the US Supreme court justices are sworn in by the president at the time, encouraging a degree of political bias within the 9 justices
How could Trump’s three appointments of conservative leaning judges of Gorsuch, Kavanaugh and Coney Barrett lead to Politico leak?
Supreme Court’s desire to overturn Roe vs. Wade (1983), displaying an inconsistency with womens rights on a federal and national level in America
How is womens right to an abortion is substantially better protected in the UK?
declared abortion legal since the Abortion Act of 1967
On a federal level, this means that almost half of the states are prepared to illegalise abortion of this Supreme Court ruling is put into action
a circumstance which was only altered in the UK in 2019, when Northern Island finally legalised abortion.
How is the US seriously jeopardising woman’s rights?
the Equality Right Amendment was never passed, and America is the only western Country that doesn’t give women the right to be paid on maternity leave
What is another reason why US Supreme court may be too powerful?
the US is not held up by an external court of law, unlike how the UK judiciary has to adhere to the ECHR regulations over the HRA
The Bill of Rights and amendments are entrenched
untrenched rights in the UK that are from multiple sources and can easily change
How could you compare the FOI with the Pentagon papers?
President Nixon compelled to release the Pentagon Papers in 1971 - cover ups over Vietnam vs. UK can’t get hold of information over Saudi Arms deals as the UK gov has exempted arms deals from the F of I - entrenched protection of these rights makes it harder for gov limitations however entrenchment makes it harder to introduce new rights
Rights not explicitly stated in the US constitution such as abortion are subject to reinterpretation and state action are likely to change
eg. 8th amendment is vague
rights introduced in statute law are more permanent in practice even if they are easier to overturn
eg. continual abolition of the death penalty - Article 3 of the HRA
What was the US Patriot Act (2001)?
searches without a court order
How did the UK Prevention of Terrorism Act mirror Bush’s attitude to 9/11
control orders on suspects of terrorism (repealed in 2011)
Why would the BLM protests be more violent in the US versus UK?
Whether this be due to the 46 million Black Americans living in America versus how Black Britons only make up 3% of the UK population, or the more encouraging attitude towards direct action due to the upholding of the 1st amendment, pressure groups in the US have greater access to protecting rights. - 1963 Bristol Bus Boycott vs. Montgomery 1955 bus boycott
more encouraging attitude towards direct action due to the upholding of the 1st amendment, pressure groups in the US have greater access to protecting rights.
Due to the implementation of the 2021 Policing Bill, the UK government have further infringed pressure group protection of rights
How do UK and US involve their pressure groups with the judicial branch?
Whilst both countries generally use the same methods of marches, rallies and lobbying, with US and UK pressure groups similarly targeting the judicial branch with the use of amicus briefs and the increase of judicial review in the UK
Why do American pressure groups have more power overall?
lack of financial regulation.
How have religious groups made an impact in both countries?
religious pressure groups have argued that anti-discrimination can infringe on their right to practice their religion in both countries and were successful in very similar cases
Supported by the Christian Institute, Asher’s Baking Co case ruled 5-0 that a bakery did not have to bake a cake with a pro-gay marriage message,
which was similarly voted 7-2 in the US Supreme Court, after a Colorado baker refused the same wish in the 2018 Masterpiece Cakeshop vs Colorado Civil Right Commission
9M: 3 Constraints on the president’s power
PARA 1: courts
PARA 2: congress
PARA 3: constitution/popularity
Which court case defeated the 2020 ‘great steal’ theory?
Republican Party of Pennsylvania v. Degraffenreid
How did Manchin and Sinema demonstrate how Congress can be a constraint?
objections to Biden’s infrastructure bill
Which Act demonstrates that there needs to be better congressional oversight?
Ukraine Democracy Defense Lend-Lease Act April 2022 - $13.6 million emergency package
How does the Constitution provide oversight?
22nd amendment to limit presidential power to two terms, designed to prevent ‘tyranny’, checks and balances and seperations of powers, provides congress with ‘tools to tame’
When was the Constitution amended over fixed terms?
FDR’s unprecedented four election victories in 1951
What part of congress does not enhance oversight?
the role of the Vice President, as they are president of the state. Harris has been tasked with pushing broadband access, leading the Space Council, driving for passage of the voting rights bill, and addressing the illegal immigration crisis at the U.S. Southern border in her first year
How does the 22nd Amendment limit the president
stops them from becoming too entrenched in the White House
How is the 22nd amendment not relevant?
only two post war presidents, Eisenhower and Raegan were seen as likely to have won a third election
9M: how can rational theory be used to study voting behaviour in the UK and US?
PARA 1: voter profile and how that logically affects how individuals vote
Boomerang vs bandwagon effect, Independent candidates
PARA 2: absentationism/turnout
PARA 3: recency factors/campaign funding
How many voters are affiliated with a political party vote
close to 90%
how many independent voters claim to lean towards a particular political party?
89%
african americans voted for Biden - 87%
Labour is leading the Conservatives by 25 points among black, Asian and minority ethnic voters (BAME), according to polling by Opinium
- AGE - USA- florida, swing state, more conservative due to amount of retirement homes
- UK- 2010 66% 18-19yo
trump made discriminatory comments about muslims, Chinese and Latino
conservative played more on ‘white fright’ in 70s. Windrush scandal, history of racial negation’
BJ comments on ‘post-box’ of Muslim hijabs
how do recency factors involving campaign funding differ in the UK and US?
US is much higher - policies are more widespread etc.
How much do MPs on average spend on their election campaign?
£15000
How much was spent in the 2017 election on political parties, candidates, and non-party campaigners?
£40 million
How much did presidential candidates, Senate and House candidates, political parties, and outside interest groups spend in the 2016 US election?
$6.5 billion trying to influence federal elections.
Who said “The problem with British politics is there’s too little money. The problem with American politics is there’s too much.”?
Fisher
How are media recency factors different in elections?
Britain’s ban on political advertising on commercial television and radio. The parties are instead given free time to screen short pre-election broadcasts on television.
55% in US 2016 election
67% in 2019 UK election
What was the turnout like in 2020 election?
158 million out of the 240 eligible
Attitudes to abstentionism in the US
2014 - 36.3 percent, the worst in 72 years
9M: Use rational theory to explain 3 methods of pressure groups in the UK and US
PARA 1: Direct action
PARA 2: Lobbying
PARA 3: Political alliances
1942 election turnout
33%
What is direct action seen as in both countries?
a last resort
what does direct action risk?
alienating the government
What movement had mass protests in US and UK?
Black Lives Matter - highlighting systematic racism and inequality in both societies
Example of insider groups driven to direct action due to government disagreements
2016 - EMA called a junior doctors strike over government changes to UK junior doctors contracts
Why are Members of congress more favourable to pressure groups then MPs?
Because they may hope for the support from pressure groups during election campaigns, or fear condemnation
What does the NRA candidate grading do to results?
graded on their support on the right to bear arms - can influence close elections
Why are MPs less likely to like lobbying?
tight UK electoral finance laws and a stronger party whip system
What still exists in both countries?
the revolving door - Cameron and Greensill, politicians monetise their connections by working for private lobbying firms
Who help fund labour and the democrats?
Unions as they share many of their political objectives
Who do Conservatives and Republicans tend to listen to more?
Big business
What depends on the reception of abortion, gay rights, civil rights, gun rights and the environment campaigning?
on the type of government in place
Which kind of pressure groups to the executive favour?
aims to appeal to their voters, and may be influenced by previous or future donations
9M: explain 4 ways how rational theory can be used to study the protection of civil rights in the UK and the US
PARA 1: self interest judicial cases
PARA 2: Individuals in the political agenda
PARA 3: executive opinion
How has the role of individuals acting out of self interest sparked a change in civil rights?
in court cases - the infringement of individuals liberties
examples of self interested court cases
Linda Brown or Brown vs. Board of Education 1954 and Norma Carvey of Roe vs. Wade (1973)
Which civil rights leader had a transformative impact on the US political agenda?
MLK
What did the UK lack in is campaign for post war civil rights?
a figure of political stature
Which presidents chose to expand civil rights?
Lyndon B. Johnson and JFK in the 1960s
Who passed the Abortion Act 1967?
Harold Wilson
Who chose to restrict the civil liberties of terrorist suspects?
Blair and George W. Bush
Who restricted the civil liberties of immigrants?
Trump
9M: Three ways the rational choice can be used to study the UK and US constitutions
PARA 1: Executive power
PARA 2: Role and impact of the judiciary
PARA 3: Devolved and federal government
What do both executives have in common?
both play a significant role in drawing up policies and setting the political agenda
How do UK and US executive set the political tone
‘Get Brexit Done’ and ‘Make America Great Again’
How can the PM get their agenda through without major incident?
through a healthy majority
Why is it harder for the president to negotiate?
Presidents have to bargain with congressional leaders, even those of their own party
Johnson pushed through Brexit legislation in 2020
Trump found it harder to secure the billions of dollars required for his proposed Mexican border wall
What can the judiciary do in both countries?
rule against the legislature and executive
the UK supreme court intervene in aspects of anti-terror legislation as INCOMPATIBLE with the ECHR..
similarly, US SC has ruled executive actions such as the line-item veto unconstitutional
What Act did the SC strike down in the 2010 Citezens united case?
Bipartisan Campaign Reform Act 2002?
What is encouraged due to constitutional sovereignty?
The US SC being a prime focus for lobbying by interest groups with ‘amicus curiae briefs’
What does US SC importance reflect?
the fundamental difference between parliamentary and constitutional sovereignty
What is a misconception of the UK and US central power?
tendency to focus on DC and Westminster as being the epicentres of powe but in reality much decision making takes place in regional assemblies or in state capitols
What do devolved and federal governments promote?
a lot of campaigning for elected offices and important targets for pressure groups
Why is the federal structure more important than devolution?
elections and state legislatures have been heavily contested, and these are major access points for pressure groups
9M: Examine and analyse three ways that rational theory could be used to study the power of legislators in the UK and US
PARA 1: committees
PARA 2: ordinary voters wishes
PARA 3: favour of their local party
what are very powerful in the US when drafting legislation?
congressional committees
What is more logical for US legislators - to bid for a seat on an influencial committee, or one with important ties to their home area?
influencial committee
Why are private members bills constrained?
back bench MPs who want legislative power can only get it if their PMB is backed by government for it to pass
9M: Explain and analyse three ways that rational theory could be used to study how the president and prime minister have governed in the US and UK
PARA 1: Different individual approaches
PARA 2: Responding to National emergency
PARA 3: responding to media criticism
How do leaders use rational strategies?
to help govern effectively within the political context they find themselves in
How did Cameron respond to his weak legislative position?
formed a coalition with the Lib Dems and created the Quad Committee
What was Camerons rational response to the coalition?
agreement from both parties on his policies
How were Cameron and Obama similar in their lack of control of the legislature?
After loosing the House in the 2010 midterms, the Democrats lost the Senate in 2014
How did they differ in their approach to the legislative?
Cameron forged an alliance but Obama rarely met with his cabinet as they didn’t have the ability to control congress
What was Obama’s way around loss of legislative control?
His rational response was to use direct authority to govern.
How did Obama use direct authority?
used executive orders to avoid asking congress to pass legislation or ratify treaties as he knew these would be rejected