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
How are Bush and Blair similar?
both found their time in office transformed by the 9/11 attacks
What were their (Bush and Blair) attitudes to ‘the war on terror’?
Bush ordered an invasion of Afghanistan (2001) and Iraq (2003) and Blair believed the UK had the duty to support the USA
How did both leaders maximised their control during a time of war?
Bush used emergency powers to authorise terror suspects and their detention without trial. Blair ignored his cabinet
What was Blair accused of?
‘presidential style of government’ - two ministers resigned in protest of the Iraq war, sofa government
What did Blair and Bush know about the publics attitude to national emergencies?
they could tolerate a more assertive style of government and foreign policy
How have media relationships with leaders changed overtime?
Traditionally, they cultivate good relationships with the media, however, in the modern social media age, Trump and Johnson have taken a different approach
What did both boris and trump with policy?
Both adopted populist policies to win elections and harnessed the informal power of their offices to bypass media
Trump used twitter to commandeer the political agenda…
Boris answered ‘People’s PMQs’ sent in by Facebook users and gave statements directly to an inhouse camera team
How are both Trump and Boris confrontational with news outlets ?
Trump - claimed NYT was ‘siding with China’
Johnson - refused to be interviewed by Andrew Neil during the 2019 election campaign and discussed the possibility of abolishing the BBC licence fee
How gave some seen that Boris is inspired by Trump?
Feb 2020, his aides caused controversy when they prevented some news organisations from attending a briefing, like Trumps administration revoking the press passes of certain journalists
9M: Explain and analyse three ways that rational theory could be used to study the strategies used by parties to win elections in the UK and USA
ARA 1: policies for natural supporters
PARA 2: the use of social media
PARA 3: leaders, personal qualities
How do parties and candidates in both countries appeal to core voters?
with policies designed to resonate with their natural supporters
What do parties on the right play on?
concerns over immigration
What did republicans under trump promise core voters?
to tighten up the Mexican border through construction of a wall and to speed up the removal of illegal immigrants
What did Cameron say in the 2010 election campaign?
spoke of reducing net migration to the ‘tens of thousands’
What did Boris say in 2019 about immigration?
talked of a points-based immigration system and reducing the number of unskilled immigrants
What do parties on the left tend to focus on for core voters?
social justice and reducing poverty
What did Labour promise in 2019?
abolition of Universal Credit and to ‘end poverty by guaranteeing a minimum standard of living’
What did the 2020 Democratic platform talk of?
ending an economy ‘rigged against working families’ ‘working class families’ incomes have been largely stagnant for decades’
What does the 2020 democratic economic message echo ?
Corbyn’s labour mantra ‘for the many not the few’
What was increasing during recent elections in both countries?
The use of social media to send targeted ads to potential supporters
How did parties use gender specific ads in the 2019 election campaign?
Labour ads targeting females - focusing on party policy of compensating WASPI ‘woman against state pension age inequality’ - seen 3 million times and viewed exclusively by women aged 55 and over
What did trump do in the early stages of his re-election campaign?
controversially posted over 2,000 Facebook ads using the term ‘invasion’ in relation to immigration
Why do both parties emphasise the importance of a leader in both countries?
to bid a secure victory
What was Trump’s skills seen as?
a ‘dealmaker’ in business
How did Boris role as Mayor of London help his campaign?
experience is respectable - two terms
How do leader campaigns differ in US vs UK?
Opposition attacks are more personal and vitriolic in US
What were Trumps rally chants?
lock her up
What kind of ads are US political campaigns filled of?
denigrate political rivals
What would opponets of independent segregationist candidate George Wallace say during the 1968 campaign?
‘if you liked Hitler, you’ll love Wallace
9M: Explain and analyse three ways that rational theory could be used to study the two party system in the US and UK
PARA 1: main parties broad spectrum
PARA 2: differing attitudes
PARA 3: wasting votes
What does the dominance of the two party system in both countries translate to?
parties on both sides seeking to appeal to a broad spectrum of voters
What can’t large parties be by their nature?
narrow and niche
What are ‘wasted votes’, especially in the US?
votes for third parties
the discouragement to vote for third parties increase what?
the amount of voters for the two parties - term known as the ‘lesser of two evils’
What does two party dominance therefore become?
self fulfilling political fixture
What does the dominance of the two party system create in the US?
its own reinforcement
Which high profile independently minded candidates chose to run for the nomination in one of the two main parties?
Trump and Sanders
What increases the incentive to run under a ‘mega-party’ label?
the existence of primaries and how they operate
What encourages candidates at all levels who frequently owe little to the central party organisation to be interested in running?
emphasis on personalities, individual platforms and direct appeal
How are US parties comprised of huge swathes of independent political operatives?
own donor bases, campaign team and particular messages
How do independent political operatives affect party unity in congress?
despite the rise in hyper partisanship
example of party defections between the two parties
New Jersey congressman Jeff Van Drew who Dem –> to Rep in 2020
why is there more attraction for candidates to seek elections for parties other than labour and tories?
because we have no primaries
When party defections occur, who do they frequently involve ?
the lib dems
Which founders of the short-lived Change UK party in 2019 ended up joining the lib dems?
Chuka Umunna and Heidi Allen
What have other MPs who are disillusioned from the drift of their party done?
stood as independents eg. Dominic Grieve and Frank Field
How are defections to independent positions seen as a move harshly defined by electoral logic?
all were defeated at the general election
What is sense is there to not waste ones vote, especially in the US?
every state is essentially a two-party contest at both state and national level
every state is essentially a two-party contest at both state and national level vs.
whilst the majority of constituencies are Labour/Tory election battlegrounds, in many constituencies there is scope for tactical voting
How does tactical voting benefit third parties?
Daisy Cooper (Lib Dem) defeated Conservative MP Anne Main in 2019 in St Albans
What could be the reason for Daisy Cooper’s success?
collapse in the Labour vote, fell by 8,000, large chunk of Labour voters had tactically switched votes
What is the voting behaviour KS?
This approach emphasises the role of the individual and assumes they will normally act or make political choices in a logical way to maximise positive outcomes or themselves or their cause
three factors affecting voting behaviour
PARA 1: Race
PARA 2: Age
PARA 3: Religion
How many African Americans voted for Democrats in 2020?
87%
How many hispanics voted for democrats in 2020?
65%
How many asians voted for democrats in 2020?
61%
How many whites voted for republican in 2020?
58%
under 30s vote for democrats 2020
60%
how many over 65 voted republican in 2020
52%
equal split year in youth vote
1992
white evangelical vote 2020
76% trump
atheist vote 2020
65% biden
90% Jewish voted Roosevelt
1940
3 informal powers of the US president
PARA 1: Executive privilege
PARA 2: executive order
PARA 3: World leader
What does executive privilege allow?
allows president to refuse to hand over documents requested by congress, argue that it threatens the security or functioning of gov
Who did Obama direct to invoke executive privilege in 2012?
Department of Justice
What was Operation Fast and Furious?
a controversial “gunwalking” operation in which the Bureau of Alcohol, Tobacco, Firearms and Explosives allowed the running of guns in hopes that they could be tracked to Mexican drug cartel figures.
What did Obama think about the release of these guns?
discourage honest discussion in the future
What tends to be controversial?
executive privilege’s
Who failed to use executive privilege’s in 1974?
Nixon over watergate
What is an executive order?
written order from the president to government officials and agencies, informing them how they should go about enforcing laws passed by congress
Who banned racial discriminations in 1948 through an EO?
Truman
What did Bush authorise under an EO
surveillance of suspects without court order
How did Obama’s GB EO fail?
congress blocked funding, w supplemental appropriations act 2009, made it impossible
What do most presidents act as?
international leaders
Who lead the cold war?
Reagan
Who lead the war on terror
bush - international coalition
who played a key role in the 2015 paris agreement?
Obama
9M: 3 formal powers of the president
PARA 1: Commander in Cheif
PARA 2: legislative powers
PARA 3: sign treaties
Who are war time presidents?
Roosevelt, Eisenhower, Kennedy, Johnson, and Nixon
Where did Nixon bomb in 1968?
Cambodia
Where did Clinton bomb in 1998?
iraq
When is the State of the Union Address given?
January or early feb
What do state of the nation adresses include?
they report on the current condition of the country, but also include legislation they would like to see congress pass over the coming year.
what did Obama veto in 2015?
Keystone XL pipeline, which would carry oil from Canada to Nebraska
What did Obama argue on the Keystone XL pipeline
pipeline crossed national boarders, it was for the president to decide whether or not it should be constructed
What was the only time the Senate override Obama’s 12 exec vetoes?
JASTA in 2016, letting 9/11 families sue Saudi Arabia
What is the catch with presidential treaties?
as long as they are approved by a supermajority in the senate
What was the new START treaty of 2010?
An agreement between America and Russia to halve their number of strategic nuclear missile launchers
How did the Senate foreign relations committee vote in favour of START?
14-4
What was the vote for its advice and consent to ratification for START?
71-26
3 ways the president has too much power
PARA 1: Formal, commander in cheif
PARA 2: Informal power
PARA 3: Popularity too powerful
How many EOs did Biden issue in his first week?
22 executive orders - more than any other president issued in their first week
What did Obama say in his 2014 S of U address?
‘America doesn’t stand still- and neither will I’
What did Obama’s EO raise the minimum wage to?
$10.10
Who signed more EOs in the last 50 years?
Trump
What can create the conditions for an imperial presidency?
popularity national events and unified government
What meant that Clinton could survive impeachment?
strong economy, high approval ratings
What did high approval ratings mean for Bush?
could push through the Patriot Act which allowed wiretapping and created the environment for so called enhanced interrogation
Why did a united government help bush for most of his tenure?
to prosecute two foreign wars without much scrutiny
3 political circumstances constraining the presidents power
PARA 1: Electoral mandate
PARA 2: First or second term
PARA 3: Public opinion
What helped Biden keep his 100 day promises
his win of the pop vote by 7 mill
What was nixons popularity like?
won all but 3 states and 60% of the pop vote
What helped Roosevelt pass his co-operative federalism in 1932?
strong election victory
What happens when a post-election ‘honeymoon’ dissipates?
new president discovers that Congress has become less cooperative and the media more critical
What did JFK say about congress?
“It is very easy to defeat a bill in Congress, It is much more difficult to pass one.”
Who said that ‘Nixon mortgaged every aspect of his influence- prestige, reputation ultimately formal powers”
Neustadt
Who said ‘Public moral in America was low. Distrust of politicians was rife.” after the WS?
Hardin
How many people expressed confidence in the executive branch of government in 1974?
13%
Explain and analyse three ways that the advice and consent powers of the Senate can limit the president
PARA 1: Treaties
PARA 2: confirm cabinet
PARA 3: Judicial appointments
What was the most famous treaty rejection in 1919?
President WOODROW WILSON’s desire to have the United States join the newly created LEAGUE OF NATIONS after WORLD WAR I.
How many public official jobs are ‘Senate Confirmable’?
1400
What position was Betsy DeVos voted in by 51-50?
Sec of Education
Who was blocked by senate ratification in 1989 to be GHWB Secretary of Defence?
John Tower
Who did the senate vote down in 1987 - RR nom?
Robert Bork
Which judge’s nomination in 1991 caused huge controversy?
Clarence Thomas
What did Trump veto in 2020?
Iran War Powers Resolution
Explain and analyse three key features of presidential power in US politics.
PARA 1: Veto
PARA 2: Commander in Cheif
PARA 3: appointments to executive and judicial branch
Who has a 100% success rate vs 92?
Trump vs Obama
What does JASTA stand for?
Justice Against Sponsors of Terrorism Act
When did Trump use his C in C powers in 2019?
Baghdadi
When was the last time Congress had 2/3rds maj to declare war?
Japan in 1941
How many treaties have been rejected since Versailles?
only 7
What was the last treaty that was rejected?
Convention on the Rights of Disabled Persons (2012).
How has Trump’s SC appointments had a lasting effect?
3 appointments shifted the court 6-3 to a conservative majority.
Explain and analyse three ways in which the president can influence foreign policy
PARA 1: War Powers Resolution (1973) has made little impact
PARA 2: Congress chose to give the President broad authorisation to use the military to combat terrorism after 9/11.
PARA 3: influence of executive agreements have replaced treaties
How has the War Powers Resolution have little impact?
numerous presidents have argued that they are not bound by the resolution because placing restrictions on the Commander-in-Chief is unconstitutional.
When did Clinton adopt this argument?
ordered military action, including air strikes and the deployment of peacekeeping forces, in Bosnia and Kosovo.
What does the War Powers Resolution do?
requires that the president notifies Congress within 48 hours of deploying troops
What year did congress cite the WPR to block the Obama administration from taking military action in Libya?
2011
Why was the Libya mission not restricted by the WPR?
because NATO was leading the military actions, and US ground troops had not been deployed
What was Obama’s worst mistake of his presidency?
lack of planning for the aftermath of this intervention, in which Libyan leader Muammar Gaddafi was overthrown, leading to instability and political violence
What is argued after the Libya intervention?
if there been stronger checks, leading to a debate and the input of Congress, this mistake could have been avoided
What was the the Authorisation for Use of Military Force Act (2001) a response to?
9/11 terrorist attacks in New York
What did the act act as blank cheque for?
to wage war against terrorist groups, and individual terrorists, rather than states
When did Obama announce plans to expand air attacks in Syria to tarket IS?
September 2014
Who did Trump issue with the authority to carry out drone strikes?
CIA
What does the military have to do and the CIA dont?
report drone strikes to Congress
What does the CIA’s involvement with drone strikes increase and decrease>
critics fear may increase the number of covert attacks and decrease transparency over outcomes and casualties
since WW11 what has replaced treaties?
executive agreements
What are congressional-executive agreements?
Congress authorises the president to negotiate on its behalf
What big international trade deal was an congressional executive agreement?
North Atlantic Free Trade Agreement (1993)
What trade deal was scrapped under Trump in Jan 2017?
Bipartisan Congressional Trade Priorities and Accountability Act (2015) - took unilateral action
What are sole-executive agreements?
The president negotiates them without any input from congress and relies on their own constitutional and statutory powers to fulfil the terms of the deal.
What sole-executive agreement did the Obama administration negotiate in 2012-15?
the President would lift certain sanctions if Iran agreed to limit its nuclear programme
3 ways the president’s power is constrained in foreign policy
PARA 1: Congress can use its power to set budgets, and channel public opinion
PARA 2: Supreme Court rulings over foreign policy
PARA 3: Treaties negotiated by the executive require the consent of the Senate.
What did Congress cut the budget for ?
military action in South East asia
how did the budget cut to South East Asia impact the executive?
pressure to speed up negotiations and find a way to withdraw troops, even though victory was far from secured.
How did Obama change his opinion about the civil war in Syria in 2012?
from drawing ‘red line’ to be involved if banned chemical weapons were used, after 2013 use of CM, delayed plans to first recieve approval of Congress
How did public shift Obama’s urgency to invade Syria?
public support falling, and the UK Parliament voting against military intervention, the President was looking for a way out.
How did SC challengeBush administration’s treatment of ‘enemy combatants’ in Boumediene v. Bush (2008)?
suspects have right to habeas corpus as protected by A 1, S9 of US cons.
What treaty was rejected for ratification in oct 1999?
Comprehensive Nuclear Test Ban Treaty - agreement to ban testing of nuclear weapons
what does a treaty need to go into effect?
passed by a supermajority, two-thirds vote in the Senate - difficult
Explain and analyse three constraints on the president in domestic policy.
PARA 1: Veto budget/economic policy
PARA 2: Congress can voice public opinion
PARA 3: Divided government on divisive issues
What was the The Congressional Budget Office’s analysis of Trump’s Obamacare repeal?
projected that 14 million people would lose their health insurance in its first year, with 24 million losing coverage over time.
What did Republican Kentucky Senator Rand Paul say over ‘repeal and replace bill’
labelled it ‘Obamacare Lite’
Why was the ‘repeal and replace’ bill criticised by other Republicans?
Reps chafed at the prospect of cutting Medicaid benefits for their poorer constituents.
Who did Trump blame the failure on a lack of bipartisan support on for ‘repeal and replace’?
The House Democrats
What did Trump state on the ‘repeal and replace bill’
‘we’ll end up with a truly great health care bill in the future after this mess known as Obamacare explodes.”
What did GBW say he intended to do after reelection in 2004?
spend liberally the political capital that voters had plainly invested in him.
What did Obama say in dispair over his 2011 jobs bill?
“For the second time in two weeks, every single Republican in the United States Senate has chosen to obstruct a bill that would create jobs and get our economy going again’
What did Obama say about Nancy P in 2014 midterms?
‘Realistically, I’d get a whole lot more done if Nancy Pelosi [were] Speaker of the House.”
What did Pelosi say about Republican’s obstruction?
‘obstruction has really been their philosophy.”
Explain and analyse three arguments that support the view that the US President is an imperilled institution
PARA 1: Constitutional checks on the president prevent imperialism
PARA 2: Congress can limit informal Power and direct authority
PARA 3: popularity, national events and unified government are not fixed and can restrict conditions for an imperial presidency
What is unlikely for the president to do without congressional approval?
execute a war - eg. Iraq in 2003
Examples of constraints on commander in cheif powers
2013 - Obama stop plans to bomb Syria
1990s - Clinton wanted tougher line on the Bosnian Serbs but EU stopped him
What can exec orders be nullified by?
congressional legislation or judicial intervention
What was ruled unconstitutional about Obama’s DAPA programme?
deferred action for parental arrivals
What is not fixed?
popularity, national events and unified government
Who was left unpopular after his last two years due to Iraq?
Bush
What national event scuppered Bush’s agenda?
Hurricane Catrina
What scuppered Obama in the 2010 midterms?
The Credit Crunch
What were the 2011 Congress divided on?
immigration
How was Congressional assertiveness established in Trumps presidency?
Ukraine investigation - impeached twice, damaged reputation
Explain and analyse three ways in which the presidency has been weakened in recent years.
PARA 1: Trumps administration and covid
PARA 2: Biden and expectations
PARA 3: Obama and gridlock
Who negotiated COVID legislation?
by Treasury Secretary Mnuchin and congressional Democrats w/ little involvement of trump
What kind of executive branch has Trump presided over?
administrative and political capacity has been constrained by mismanagement, infighting
What are the most recent polls from Emerson College Polling for Biden approval ratings?
38% job approval, while 52% disapprove of his job performance
How has Biden not met expectations?
vaccine-or-testing mandate for large employers was blocked by the supreme court’s conservative supermajority. Inflation is at a nearly 40-year high. Diplomatic talks have failed to pull Russia back from the brink of war with Ukraine.
Who said that “Whenever a president disappoints expectations, that’s a problem’?
Bill Galston
How was Biden’s foreign policy expertise undermined?
desperate scenes from Kabul as the Taliban took control
What did Obama say about gridlock?
‘But I will not allow gridlock, inaction, or willful indifference to get in our way.’
How many Obama’s favoured bills were passed in the first year?
90%
3 enhancements of presidential power
PARA 1: Personal skills
PARA 2: Mandate
PARA 3: Crisis handling
Who was a skilled public speaker?
Obama
What were ‘Bush-isms’?
many mistakes made by him during his speeches. For example, “Are our children learning?”
Who had a decisive mandate?
FDR - greater freedom to enact his desired policies. eg. Co-operative federalism
What was the pro Rep move in the House during 2002 midterms?
resulting in a 229-204 Republican majority.
3 examples of the Presidents direct authority in Congress
PARA 1: Executive orders
PARA 2: Recess appointments
PARA 3: Executive agreements
How did Obama use executive orders as an environmental protection?
Restrict greenhouse gas emissions
How did Trump use executive orders to restrict immigration?
Temporary banning order from Muslim majority countries
What are recess appointments?
ability of the president to appoint federal judges on a temporary basis if Congress is in recess
How did the NLRB vs. Noel Canning happen?
President Barack Obama’s appointments of Sharon Block, Richard Griffin, and Terence Flynn to the National Labor Relations Board
Explain and analyse three ways in which Congress can check the President.
PARA 1: Override executive orders
PARA 2: can override veto
PARA 3: make laws and power of purse
What did Press Secretary Sean Spicer admit? after the ‘repeal and replace’ act failed in July 2017?
‘at the end of the day this isn’t a dictatorship and we’ve got to expect members to ultimately vote how they will according to what they think’.
How many vetoes have been overriden by Congress?
8%
