US and UK comparative Flashcards
Similarities of their constitutions (4)
- Enable representative, accountable and democratically elected government
- Elements of convention e.g. judicial review not specifically mentioned in US Const + Sailsbury convention in UK
- HRA 1998 provided guidelines for Parliament legislation to comply with, just as the US Constitution does for Congressional law
- Devolution has made the UK system of government slightly more federal than unitary e.g power
Differences in their constitutions (4)
- Uncodified vs codified
- Unitary gov (centralised in Westminster) vs federal gov (shared between Washington and states)
- Fusion of powers vs separation
- Parliamentary sovereignty vs constitutional
Executive- PM has more power (6)
- Sole and elected leader of party
- Can usually rely on support and loyalty of MPs
- Normally commands majority in Commons
- Collective cabinet responsibility ensures ministerial support
- Less likely to have actions struck down by UKSC
- Unlimited terms e.g. Thatcher, Blair
Limitations of the PM (UK) (3)
- Backbench revolts increasingly common e.g. 119 Tory MPs voted against May’s deal in 2019
- Power restricted by coalitions e.g. Cameron 2010-15 with LibDems
- Actions limited by UKSCe.g. R (Miller) v Brexit Secretary 2017, government unable to implement Brexit without Parliament approval
Executive- President has more power (5)
- Huge administrative and policy advice resources
- Personal mandate through direct election
- Entrenched, formal constitutional powers
- Ability to nominate USSC judges to reflect personal policy views and aims
- Commander in chief, world’s biggest military budget
Limitations of the President (3)
- Popular vote required for true mandate?e.g. Clinton won 2.87 million more votes
- Restricted by uncooperative legislaturee.g. Obama unable to pass gun control reform due to GOP majority in House
- Prolonged and failed military campaigns can tarnish reputatione.g. LBJ and Vietnam
Similarities of the Judiciary (4)
- Both face increasing publicity and controversye.g. R Miller v Brexit Sec. 2017, Kavanaugh hearings 2018
- Judicial independence and review
- Unaccountable, unelected
- Appointed on a life basis
Differences of the Judiciary (4)
- Constitutional sovereignty means the USSC has a much greater impact on laws and public
- USSC key in development of civil rights vs Parliamentary legislation in UK
(USSC - Brown vs board)
(UKP - Equality act 1965) - UKSC independently appointed by JAC, USSC more politicised (President, hearings)
- UKSC linked to / limited by EU law vs USSC highest court in land
Similarities in Electoral systems (3)
- Majoritarian systems, FPTP in executive elections
- Voter profiles and current issues play a major role in voting behaviour
- Concerns over participation and turnout (69% UK 2017, 61% USA 2016)
Differences in Electoral systems (7)
- Direct election of President vs UK MPs
- Greater number and types of election in US
- Campaigns focused on candidate vs UK party
- National referendums in UK
- More expensive and unregulated elections in US vs Electoral Commission UK
- Race and religion more important in US vs class/income UK
- Turnout markedly lower in US (complex registration processes)
Differences in Political Parties (4)
- Broader and less centralised in US (50 parties?)
- Greater influence of third parties in UK (e.g. MEP elections 2019)
- Clear party leaders and manifestos in UK
- Party discipline greater in UK e.g. whip system
Differences in Pressure groups (3)
- Structure of US government allows more access points
- Greater party links to trade unions rather than pressure groups in UK e.g. over 50% of Labour MPs had links to Unite the Union in 2015
- More effective lobbying in US (JASTA) vs collective cabinet responsibility UK
Similarities in Civil Rights (3)
- Both have laws in place to protect rightse.g. HRA 1998 UK, VRA 1965 USA
- Development of civil liberties seen over time
- Women’s suffrage linked to other causes e.g. WW1 UK, Prohibition/temperance USA
Differences in Civil Rights (6)
- More entrenched in US (Bill of Rights, codified)
- Greater history of struggle for minorities in USA
- Higher profile for individual rights in USA e.g. gun rights
- International influence on civil rights in UK (ECHR)
- Hyper-partisanship over issues in USA e.g. abortion
- Dominant role of USSC in CRM vs Parliament in UK
What is rational theory
Focus on individuals
e.g President, Senators, Prime Minister, Congressmen, Lords and MPs
What is structural theory
Focus on structures
e.g Regional Power, Legislative Processes, Election Processes, Constitution, Sovereign Bodies and Other Political Processes and Institutions
What is cultural theory
Focus on groups
e.g Pressure Groups, Political Parties, Factions and Voter Groups
Reasons why some Pressure Groups in the UK have high levels of influence while others don’t
Access points, weak parties, rights protection and number and frequency of elections
Methods used by US and UK Pressure Groups
Direct action and demonstrations, legal methods, electioneering, lobbying and publicity
Similarities regarding campaign finance in both countries include..
Concerns about the involvement of money in US and UK elections, legal regulations of campaign finance and donors in both countries are not particularly limited, despite campaign finance laws
Monitoring Body for Donations and Expenditure in the US vs UK
The Federal Election Commission vs The Electoral Commission
The Role of Outside Groups in the US
Creation of Super PACs means that donors can give unlimited money, even if this money cannot go directly to a candidate’s official campaign, donations to political parties are largely unregulated
The Role of Outside Groups in the UK
In 2015, no group could spend more than £9750 per constituency in an election campaign, no limit on the amount an outside group can donate to a political part
Limits on Campaign Expenditure in the US
No real limits, maximum limit only applied to presidential candidates who take federal funding, which is now rejected by candidates from both partie
How is the US allowed to have super PACs?
- Citizens United v FEC 2010
- Undermined the BCRA, overturning regulations on outside spending and allowing for the creation of Super PACs
How has the US attempted to limit the impact of interest groups in election campaigns? (2)
- The Bipartisan Campaign Reform Act 2002: Tried to close some of FECA’s loopholes by limiting outside expenditure from interest groups during election campaigns
- Federal Election Campaign Act 1974: Introduced maximum donations, expenditure by presidential candidates and federal fundin
How does the UK limit outside influence in elections? (2)
- Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014: Regulated the expenditure of outside groups, any pressure group spending £10,000+ during an election campaign must register with the Electoral Commission
- The Political Parties, Elections and Referendums Act 2000:Required all parties to register with the Electoral Commission and put controls on donation
Similarities between Conservatives and Republicans in Moral and Social Policy
Typically resisted or opposed extension and protection of civil rights and both parties opposed these acts in their respective countries
Similarities between Labour and Democrats in Moral and Social Policy
Adopt a liberal approach to civil rights, Labour Party created the Human Rights Act and Democratic Party crafted the Civil Rights Act and Voting Rights Act
Similarities between Conservatives and Republicans in Economic Policy
See government intervention in the economy as a risk to personal freedom, favour reduction in public expenditure, especially on welfare, champion the reduction of taxation, and have resisted the introduction and increase in the national minimum wag
Similarities between Labour and Democrats in Economic Policy
Favour an active role for government, using economic policy to promote social justice, favour higher government expenditure, especially on the provision of health, education and benefits, Brown and Obama attempted to stimulate the economy and protect jobs through the increase of government expenditure
Similarities between Conservatives and Republicans in Welfare and Social Justice
Tend to favour a reduction in the role of the state, critical of big government, stress personal responsibility, with the Tories introducing major welfare cuts since 2010 and Republicans opposing the ACA and supporting cuts to food stamps
Similarities between Labour and Democrats in Welfare and Social Justice
Typically champion the cause of social justice, view the system as unfair, the provision of greater health care, access to education and benefits are central to the ideology, Labour are the founders of the NHS, and the Democrats the ACA
Differences between Party Systems in the UK and US
UK has stronger third-party presence than the US, and is arguably a multi-party system, whereas the two main UK parties fall well below the near 100% of seats held by Dems and the GOP, and in the UK the two party system is characterised by a pendulum effect, with power swinging between the two, whereas in the US both parties often have power at the same time
Similarities between Party Systems in the UK and US
Two dominant parties, with only politicians from these two main parties heading the executive in recent years and third parties having some power at regional level
Rights are more effectively protected in the US
Sovereign Constitution allows US courts to overturn the actions of any institution, including Congress, if it restricts civil liberties, which UK courts cannot and because the US has an entrenched Constitution, court rulings cannot be easily overturned by other political bodies
Rights are more effectively protected in the UK
The UK Human Rights Act provides extensive legal protection of civil liberties, and Parliament is unlikely to reject decisions made by the court that have protected civil rights
Similarities of the President and Prime Minister on Politics and Government
Both are dominant political figures, both act as a driving force for the policy agenda, both are subject to constraints by the legislature and are subject to limits from public opinion
Advantages of being a President
Imperial Presidency suggests that Presidents can bypass some of the checks intended by the Founding Father using executive orders etc, some PMs also find it difficult to dominate the rest of the executive and can be heavily curtailed by parliament if they have a small majority
Advantages of being a Prime Minister
Easier to pass legislation through parliament, can use patronage to encourage backbenchers to stay loyal and vote for government bills, and the government dominates parliament, so a PM will be very powerful if they can dominate the rest of the executive branch
Comparing the Chief Legislator
In both countries, the head of the executive branch has assumed a major role in the legislative process, arguably acting as the dominant force, in the UK, this is based on the PMs position as the head of the party with the majority, in the US, the President has been able to use their national mandate and superior resources to become known was the chief legislator
Comparing the Commander in Chief
US Constitution gives this role to the President, allowing them. great deal of control over military matters, through royal prerogative, the PM effectively has this role, and can order military action and lack of absolute clarity in both countries over who has the final say - Congress and Parliament can assert some control
Comparing the Chief Diplomat
Both President and PM are main negotiators with other countries, taking a lead in international relation, and in both countries this power is limited by the legislatures
Comparing the Head of State
This role is held by the President in the US, the presidency combines a larger set of roles and responsibilities than the position of PM, this role is held by the monarch in the UK, not the PM, and gives the President a stronger ceremonial role in the US and arguably greater authority as a symbol of their nation
Weaknesses of the House of Lords (3)
- Has limited power to check government because it cannot overturn legislative proposals or insist on amendments
- Has limited legislative power with no power to block legislation, amendments can be overturned by Commons and limited by Salisbury convention in blocking bills
- Unelected and unaccountable, Lords lack democratic legitimacy
Weaknesses of the Senate (2)
- 6 Year terms are arguably too long, 2 senators per state leads to over representation of small states
- Use of filibuster can be seen as undemocratic and leads to ineffective government
Weaknesses of Parliament (3)
- Insufficient checks on the government due to government majority/ whip system and patronage, only one chamber with significant checking power
- Is mainly a reactive body considering government proposals with limited significant initiation of bills, has a fairly limited ability and willingness to challenge government proposals
- Use of FPTP elections leads to lack of voter choice and safe seats in the UK, as well as disproportionality between votes and seats, and the party with the most votes does not necessarily get the most seats
Weaknesses of Congress (3)
- Provides excessive checks leading to weak government, for example through legislative gridlock and partisanship in Congress has led to unacceptably high levels of checks under divided government
- Power is shared in Congress, making it extremely difficult to pass legislation, some legislative procedures such as ‘pork barrel legislation’ are undesirable
- Use of FPTP elections leads to lack of voter choice and safe seats, the party with the most votes does not necessarily get the most seats
Strengths of the House of Lords (3)
- Expertise gives authority in scrutinising government actions and policies, limits to checks (cannot block bills) and ensures scrutiny but not weak government
- Lords have influence over legislation via their ability to amend and delay bills, their expertise gives Lords authority over legislative matters
- Serves the interests of the people because it can use its own judgment, not strongly affected by the government/ patronage/ whips and therefore can represent the people if the government is carrying out unpopular policies
Strengths of the Senate (2)
- Specialist function of removal from office after impeachment
- Representative due to separation of powers, 6 year term allows Senators to take a more rational/ long term view of public interests
Strengths of the House of Commons
Elected chamber with a tradition of MPs
Strengths of the House of Representatives (2)
- Specialist function of impeachment
- 2 year terms and separation of powers leads to high sensitivity to public opinion
Strengths of Parliament (3)
- Effective checks of the executive through voting on legislation, select committees and question time, can remove a failing government through a vote of no confidence and checks are not excessive, allowing for strong effective government
- Has the power to scrutinise and block bills, providing quality legislation, government majority and influence in Parliament ensure an efficient process in which bills can be passed and are agreed in timely fashion
- Elected Commons is responsive to public opinion with a mandate from the people, complementary representation in which the Commons can respond to the wishes of the people and the Lords can take a more reasoned views and consider the interests of the people
Strengths of Congress (3)
- Very high level os checks on the executive due to the separation of powers and checks and balances, important roles given such as declaring war, removing a President from office and ratifying treaties and appointments
- Powerful legislative body that is able and willing to restrict executive proposals, proactive in initiating its own legislation, high quality legislation due to detailed scrutiny of bills
- Highly representative due to the separation of powers, with both chambers elected separately from the executive, complementary representation of 2 years and 6 years
Arguments for Parliament being more powerful than Congress
Location of Sovereignty, Imperial Presidency and Bicameralism
Arguments for Congress being more powerful than Parliament
Separation and Fusion of Power, Checks and Balances and Power of Second Chambers
US supreme court is more powerful than UK (2)
1) more power, can strike down laws e.g bush v gore 2000 go to decide an election
2) more power through constitution, clear enumerated powers through checks and balances. judges serve for life
UK supreme court is more powerful than USA (2)
1) no politicisation by media unlike usa. e.g Clarence Thomas 1991 ‘feeding frenzy’ (although R(Miller) v sec of state for exiting eu in 2019 did articles on wether a remainer or not, but still way less than usa)
2) better appointments system= ensure judicial neutrality. usa uses litmus test on wether ‘liberal’ or ‘conservative’. e.g bill Clinton and RBG abortion. need to be confirmed by senate e.g Robert broke, fully qualified but nom. by pres Reagan a republican in 1987, rejected 42-58. whereas UK judges are selected by an independent body, judicial appointments commission. also cannot be affiliated w any political party whereas in usa are based off that
US supreme court is more independent than UK (2)
1) disconnected from other branches of gov due to clear separation of powers. enumerated powers laid out by const whereas uk has parl sov. uk can only say incompatible w HRS 1998 and can’t ‘strike down’ laws, parl ultimately gets to decide e.g client earth v uk in April 2015- called air pollution laws ‘unlawful’ but parl ignored.
2) US sc is more diverse. 9 justices in scouts, 6 men and 3 women (rip rbg). one AA man and one latin/hispanic female. uk 11 men and 1 woman (as of October 2014), variety of backgrounds. white and 75% oxbridge
UK supreme court is more independent USA (2)
1) us sc in media too much. RBG on late show w Stephen Colbert 2 years ago showing her workout routine. in uk media rarely comments on sc judges. Clarence Thomas etc
2)appointments more political in usa. litmus test, etc vs judicial appointments commission
UK Supreme Court has more impact on gov + pol (better at protecting rights)
- less politicised, more neutral so more legitimate
- can declare something unlawful
US Supreme Court has more impact on gov + pol (better at protecting rights)
- can strike down laws
- more public and known about
How PM is accountable to legislature
- role of opp
- role of committees
- elections + media
- vote of no confidence
How PM isn’t accountable to legislature
- leader of the party so indirectly elected
How President is accountable to legislature
- directly elected so arguably has a better mandate
- can be impeached
How President isn’t accountable to legislature
- arguably has more power?
- veto etc
UK is better at protecting civil rights
1) protects rights via 1998 HRA e.g right to life and a fair trial. judicial review, precedent
US is better at protecting civil rights
( BOR + PASSING BILLS?)
1) codified in the bill of rights. 19th right to vote for women, 26th lower voting age to 18. rights not entrenched in uk, conservative gov announced plans to replace HRA with a BR bill of rights when uk leaves eu in 2015
2) congress passes bills to protect Cr’s such as CRA 1965 and lilly Ledbetter fair pay act 2009
gay marriage UK
UK
- nullity of marriage act 1971
- 2004 civil partnership act
- challenger in Wilkinson v Kizinger 2006 high court case Canadians sort to have their marriage viewed as valid in uk and argued civil partership was a second best option
- high court said full marriage is not applicable
- galvanised lGBT groups e.g Equal Love
- George Osborne, shad chancellor in 2010 said Torys would consider.
- Lib Dems had committed in 2009 to ending the ban
- came into affect in 2014
- marriage (same sex couples) act 2013
2004=- 52% in favor of
2009= 615
2010= 71%
gay marriage USA
by contrast more ambiguous
- defense of marriage act 1996 said up to states
- massachustetes stands out as a forerunner on this issue
- 2001 GLAD civil rights
- goodridge v dept of public health
- us v Windsor
Goodridge v. Department of Public Health
In 2003, the Massachusetts Supreme Court ruled, 4 to 3, that same-sex couples are entitled to marry
US v. Windsor
Overturned DOMA (Defense of Marriage Act )based on due process. 2013
gun control in US v UK
2016,a gunman in Florida killed 49 people in a nightclub in Florida. This was the biggest in along line of massacres committed in the USA. Each time, calls for greater gun control fail to result in changes to legislation.
In1996, a gunman in Dunblane, Scotland, killed 16 school children and their teacher. Following this, the UK government quickly passed legislation to tighten restrictions on handguns and introduce a ban on many of them.
Checks by Congress on the President
- In every state of the Union address 2010-15, Obama asked to pass immigration reform.
- Of GWB’s 12 vetoes, 4 were overridden and attempts were made to override 6 more.
- In January 2018, the US government shut down since it lacked money due to a dispute with Trump over Obama’s DACA immigration policy.
- Since 1942, Congress has mainly used AUMFs to authorise the use of troops. Bush, Obama and Trump have used the AUMF against 9/11 in 14 countries since 2001.
- Three presidents have been impeached and all of them found ‘not guilty’
Checks by Senate on the President
- (Ratifying treaties) START 2010 passed the Senate vote by 71-26. START went back to the Senate in 2016, it never received a ratification vote.
(Ratify Appointments)
- The senate rejected John Tower as secretary of defence after alcoholism and womanising allegations in 1989.
- Andrew Puzder was nominated as secretary of labour in 2017, but withdrew after the Senate told Trump that he didn’t have the votes to ratify his appointment.
Congress checks on the SC
In 1913, the 16th amendment was adopted, allowing for federal income tax to be levied, after the Supreme court had ruled to deny this.
Samuel Chase was impeached, although found not guilty of being partisan.
President Checks on Congress
- Trump asked Congress for more money for border security in 2018, in line with his promise to ‘build a wall’.
- Bush and Obama used the veto 12 times during their presidency. The threat of a veto can be enough to stop Congress from passing a bill, or to make them amend it.
President checks on SC
(POWER OF PARDON?)
- (Power of pardon) On his last day in office, Obama granted 330 commutations to non-violent drug offenders. He also pardoned Chelsea Manning, who had served 7 years for selling state secrets.
- The President appoints justices. Had Obama gotten Garland in, the court would have become more Liberal.
Constitution Advantages
The 13th Amendment (1865) abolished Slavery;
The 14th Amendment (1868) gave former slaves full citizenship.
Ensures SOP, does not allow short term trends to change its nature.
Constitution Disadvantages
Clinton polled more votes than Trump but lost the election.
Former Justice Stevens identified six areas of constitution needed reforming: campaign finance, death penalty, gun control.
There is one senator for 300,000 people in Wyoming, compared to one person for 20 million in California (70 times the effective representation)- Wyoming has the same influence as California in selecting the President.
Examples of expansion of government power
- The Patriot Act
- Medicare
- Arizona v US
- Obergefell v Hodges
What is the Patriot Act?
Expanded surveillance abilities of police, including by tapping domestic/international phones.
The Patriot Act gives the attorney general unprecedented new power to determine the fate of immigrants.
What was Arizona v US?
Established that states may not implement their own immigration laws.
State law enforcement officers are authorised to inquire about a resident’s legal status during lawful encounters.
What is Medicare?
It established Medicare, a health insurance program for the elderly, and Medicaid, a health insurance program for people with limited income.
Government became more involved in healthcare, and played a more active role in everyones’ lives.
What is Obergefell V Hodges?
The SC ruled that the fundamental right to marry was guaranteed to same sex couples under the equal protection clause of the 14th amendment.
Examples of expansion of state power
- NCLB
- California Senate Bill 54 (Stops state/local law enforcement from using facilities to arrest people for federal immigration purposes.)
- DACA
- American Recovery and Reinvestment Act
What was NCLB?
NCLB effectively scaled up the role in holding schools accountable for student outcomes.
States had a responsibility to make sure a better education was received by the extra educational assistance they provided.
What was California Senate Bill 54?
Stops state/local law enforcement from using facilities to arrest people for federal immigration purposes.
Trump threatened to withhold federal funds from Sanctuary cities.
What was the American Recovery and Reinvestment Act?
Stimulus of $787bn on infrastructure and education, health and welfare; $245bn on grants to state and local governments.
Federal power increased here because state governments managed the issue of funding.
What was DACA?
DACA is a policy that allows people with unlawful presence in the US after being brought to the country as children to receive a renewable two-year period from deportation.
What treaties has the senate rejected?
In 2012 the Senate voted to reject the UN convention on Rights of Disabled People.
How many women are in the Senate?
27%
How many white people are in the Senate?
92%
How many LGBT people are in the Senate?
2%
Examples of Biden earmark legislation?
$13 billion in congressional appropriation bills for the fiscal year 2022 by the U.S. government was led by Joe Biden.
Citizens United v. FEC (2010)
Decided that independent expenditures on political campaigns are free speech protected by the 1st Amendment and so cannot be limited by federal law.
NFIB v. Sibelius (2011)
The Supreme Court ruled that it was constitutional for congress to enact most of the elements of Obamacare. This included the requirement for Americans to have health insurance by 2014.
Dobbs v. Jackson (2022)
The court came to the decision that the constitution does not mention or state anything related to the right of abortion, therefore ultimately overriding the decision made in Roe Vs Wade in 1973
Snyder v. Phelps 2011
Speech on a public sidewalk, about a public issue, is protected, even if the speech is found to be “outrageous” and causes emotional distress.
DC v. Heller (2008)
Struck down a Washington DC ordinance that banned handguns.
The Supreme Court voted in favour of the appeal court’s decision to allow Dick Heller to own a handgun and did not require the firearm be disassembled or locked to prevent firing.
Shelby v. Holder (2013)
Struck down Section 4 of Voting Rights Act which required federal pre-clearance of voting law changes for states with a history of voter discrimination
Fisher v. University of Texas (2016)
The court upheld a race-conscious program used to admit students to the University of Texas at Austin, it was determined to be legal under equal protection principles.
Who can try impeachment cases?
Senate
- Trump x2
Who can start considering money bills?
House
Who can ratify treaties?
Senate
- In 2012 the Senate voted to reject the UN convention on Rights of Disabled People.
how did the temperance movement lead to the women’s suffrage movement
WCTU leaders like Frances Willard and Frances Ellen Watkins Harper argued that the way to break the power of the “liquor traffic” was for women to win the right to vote and enact alcohol prohibition and other reforms to “protect the home.”
Seperation of powers in practice
When obama became president in 2008, he had to step down from the senate
Argument that seperation of powers and checks and balances are effective?
1)
- yes, no branch has too much power, therefore protecting democracy against tyranny
- Trump was impeached for his involvement in the insurecction in 2020
2)
- forces other branches to work together so promoting bipartisanship
Argument that seperation of powers and checks and balances are NOT effective?
1) seperation of powers and checks and balances require bipartisanship and thefore could lead to gridlock if theres a divided governement (e.g. imigration reform bill)
which president had a unified governement in their first 2 years
- trump
- Obama
- Biden
Arguments that bipartisanshipn and Divided governement are effective?
1)
-A divided government leads to better scrutiny of the executive including treaties and nominations
- The house judiciary committee played a key role in the investigation in the watergate scandal and the complicity of president Richard Nixon which led to his impeachement
2)
- when there unified governement there is less scrutiny
- During the iraq war and war on terror, George Bush Presidency recieved little scrutiny
- The senate hasnt rejected a treaty from a president of its own party since 1935 but ubder divided govt. there have been 4
Arguments that bipartisanship and Divided governement are NOT effective?
1)
- It could be argued that bipartisanship and divided governement isnt effective as forcing parties to work together leads to gridlock
- In the past few years there has been little succes on imigration reform and climate change, despite both being a pressing issue
- A key example would be the DREAM act under the obama adminstartation which would allow citizenship for immigrants brought to the united states as children
How has federalism changed under Obama
- The Obama adminstration intended to deliver key changes to domestic policy resulted in the federal govt playing a much bigger role
- Obama forced medicaid unto states and if they refused they would lose out on federal funding
- increase in federal power
How has federalism changed under Trump
- trump saw to gradually take away states power whilst others he sought to grant more power back to the states
- In repsonse to the black lives matter protests, Trump deployed federal troops to tackle the protest despite several states opposing it and policing being generally controlled by states
- He rolled back a lot of Obama enviromental policies which gave more power back to the states
- he did give back a large amount of power back to the states during COVID 19
[ Consequences of Fedaralism]
Variation in policy and culture and ideology
1)
- There is significant variation in lawas and policy on a wide range of issues
- E.g. COVID 19 responses and sanctuary cities
2)
- Across states there is also big variation in culture and ideology
- The deep south including texas are more conservative and are more likely to support the republican party and NYC is more liberal and is more likely to support the democrats
[ Consequences of Fedaralism]
States as policy laboratries
1)
- the ability for states to experiment with new policies and solutions means that eventual federal govenement laws are first tried on states
- This can be seen with the affordable care act 2010, which was modelled on the healthcare reform act in massachusetts in 2008
[ Consequences of Fedaralism]
Complications and shared responsibilities
- some areas of policy are controlled exclusively by states or by the federal govt. This leads to administartion of certain policy to be complicates
- The tax sytem is used at both federal and state level
Is the US still federal?
Yes
1)
- The 10th amendment ensures that the power of the states is protected form federal overreach
- 2017, trumps executive order was struck down withholding federal grants from sanctuary cities was struck down by the courts
2)
- States are able to to take a different approach to the federal government when they disagree
- Certain democrats controlled states have introduced sanctuary cities which intefere with implimentations of federal govt laws
Is the US still federal?
NO
1)
- It can be argued that due to the expansion of federal power in the 20th century, the us is no longer federal today
- Mahor federal deals such as New deal and obamacare can be seen as having enroached on policy areas historically controlled by the states such as helathcare and employement
Factors affecting voting behaviour within Congress
1)
- parties in congress arent as unified as they are in the Uk house of commons. Traditionally, voting along party lines is less common than it is compared to the uk, with only aorund half of all votes in the first few years of the 21st century being party votes (could be because of the lack of powers of patronage to incentivise or punish members compared to the Uk)
2)
- In the last few years, US political parties are far more partisan and divided then ever before
Give an example of a caucus
The congressional black caucus played an important role in pushing for the George Floyd justice in policing act 2021
Factors affecting voting behaviour within Congress
Points
- Caucus
- Interest groups and Lobbyist
- Party
Arguments that congress does perform its representative function well
- Election to congress are done very frequently with the whole house of REP and 1/3 of the senate being relected every 2 years
- thsi leads to greater accountability
2.
- The fact that congress is elected separetly from the president means that they can behave indepnedlty from the government even when being from the same party
Arguments that congress does NOT perform its representative function well
1)
- the succes of incumbents can be used to say that congressional elections have little democracy is weak
2)
- The republican and democrats dominate congress and are becoming increasingly cohesive, leaving little room for 3rd parties with differring views
Structure of congress
Bicameral: House of Representatives and Senate
House of Representatives
-lower house of congress
-435 congressmen/women
-serve 2 year terms so significant portion campaigning
-ALL seats are contested in election period
Senate
-upper house of congress
-100 senators
-serve 6 year terms, means they can focus on getting things done. this also acts as some protection towards volatile swings in public opinion, as only 1/3 senators are up for re-election each year.
-every state has 2 senators
-congressional elections are held every 2 years
-1/3 seats are contested every election and one senator from each state has to NOT be up for election (at the same time as the other one)
Roles of congress
Passing legislation
-as a legislative body of the USA, congress has the task to make new federal laws
Representing the people
-members of congress need to represent the interests of their constituents.
overseeing the executive
-congress has a number of powers that allows it to scrutinise and sometimes check the executive
Powers of congress
Overriding a presidential veto
power of the purse
declaring war
Overriding a Presidential Veto
+president cannot reject this veto, is it the ruling factor
-it needs a 2/3rds majority from congress
trumps veto was overridden on the defence spending bill January 2021
power of the purse
Constitutional power given to Congress to raise and spend money
+only congress can raise revenue for the federal government, which allows for a clear separation of powers and creates a limited government
-government shutdowns can happen, and this is due to the fact that when neither the executive or the executive is willing to compromise. the 2018-19 shutdown during trumps administration lasted 35 days, longest in history. government shutdowns can be unpopular due to their length and the fact that in a full shutdown, the government is forced to close its ‘non essential’ functions e.g environments and food inspections
declaring war
Congress has the power to declare war.
+both houses must vote on a declaration of war (power hasnt been used since 1941)
-modern presidents avoid asking congress for a formal declaration of war (Congress authorized troop deployment in Vietnam, but, because it did not issue a declaration of war on North Vietnam or the Viet Cong, the Vietnam War is, technically speaking, not considered a war in the United States, as it was a PROXY war)
