US and UK Comparative pt2 Flashcards
Power to impeach
House
- 2008, Kucinich sponsored 35 cases of impeachment against GWB
Who can confirm executive appointments?
Senate
- Trump’s appointment of Kavanaugh had objection due to abortion views
What are primaries?
A primary is a preliminary election to appoint delegates to a party conference or to select the candidates for a principal, especially presidential, election.
- Liz Cheney lost to a Trump-endorsed candidate during the 2022 midterms
Examples of imperial presidency
- Bush’s war on terror (Patriot Act passed in under a month).
- Powers of persuasion
- Trump declared a state of emergency in 2019 to bypass Congress to fund his wall.
Examples of imperilled presidency
There are too many constitutional constraints to allow for an imperial presidency. Informal powers can greatly assist the president, but only up to a point, a point that falls short of imperialism.
- Iran War Powers Resolution
- War Powers Act
- Trump’s disagreement on the budget caused Congress to shut down.
- Obama failed to achieve gun control.
Rights protected by the Supreme Court?
- Marriage (Obergefell v Hodges)
- Voting rights (Shelby v Holder)
- Gun ownership (DC v Heller)
- Protest (Snyder v Phelps)
- Political funding (FEC)
Why is the SC independent?
- Life appointment
- Protected salary
- Appointment process
- Holding other branches accountable
Which Justices won by a lot?
- John Roberts (78-22)
- RBG, Ruth Bader Ginsburg (96-3)
Which justices barely won?
- Kavanaugh (50-48)
- Amy Coney Barett (52-48)
Failed Nominees to the SC?
- Merrick Garland (McConnell said he would not allow appointments during an election year, but when RBG died, ACB was nominated in election year)
- Bork because of his ideology.
Strengths of the SC?
- Ensures independence
- Judicial ability
- Personal suitability of the role
Weaknesses of the SC?
- Politicised nominations (Garland v ACB)
- They can hand pick issues
- SC decisions can be overturned (proves that they can be wrong)
(Brown v Board of Education 1953
Ruled that Separate but Equal is inherently unequal - Overturns Plessy)
Arguments that the SC is politicised…
- Judicial review gives the Supreme Court immense power over the constitution, judges have become arbiters over a wide range of public policy. The Supreme Court can supersede or overturn Congressional and State legislation. They therefore make political decisions.
- Justices apply their own political values when applying the Constitution. They are not neutral in their decisions.
- The appointment process has been criticised for being too politicised. Presidents appoint judges who reflect their own political beliefs.
Arguments that the SC is not politicised…
- The Supreme Court can only apply the law and the Constitution. It cannot create policy. Justices cannot initiate cases.
- Decisions have to be based on the Constitution. There are different ways of interpreting the Constitution but this is not the same as being ‘political’.
- The Constitution effectively protects the neutrality of justices, however it also makes them unaccountable and very difficult to remove or overrule.
Examples of the President Negotiating Treaties (Foreign Policy)
- New START was an Obama treaty which strengthened military bipartisanship between the USA and Russia. Nuclear warhead limit
Examples of Commander in Chief Powers (Foreign Policy)
- The War Powers Act 1973 limits this, as a President must withdraw troops after 60 days if there is no Congressional approval.
- It forced Clinton to withdraw troops in Somalia;
- When it was forced upon Obama to withdraw from Libya, the SC decided not to uphold the law.
Examples of Congress using the power of the purse
- In 2007, the democrats attempted to defund the Iraq war.
- The President is still dependent upon Congress for funds for the military, and therefore needs financial backing for foreign policy.
- Defending Ukraine Sovereignty Act of 2022 gave Ukraine $500 million. The bill also reimposes sanctions on Russia.
Examples of Congress Ratifying Treaties (Foreign Policy)
- The UN Disability rights treaty was rejected by the Senate.
- Congress needs to pass a ⅔ vote (supermajority) in order for a treaty to be passed.
Senate Majority Leader
Chuck Schumer
Senate Minority Leader
Mitch McConnell
Speaker of the House
Kevin McCarthy
House minority leader
Hakeem Jeffries
House majority leader
Steve Scalise
Examples of earmarks
The announcement of 4,000+ earmarks ($13 billion) in congressional appropriation bills for the fiscal year 2022 by the U.S. government was led by Joe Biden.
Incumbency rate in 2020
95%
What % of bills go to the President?
3%
Ted Cruz Filibuster
In 2013, Senator Ted Cruz gave a 21-hour speech opposing the Affordable Care Act.
What is a conference committee? W/ Example
A conference committee is a special committee appointed to resolve differences between the House and Senate versions of a bill.
An example of a conference committee is the one formed to resolve differences in the Affordable Care Act (Obamacare) in 2010.
Modern examples of Bipartisan Bills
Bipartisan Safer Communities Act 2022 (65-33)
$40 billion aid package for Ukraine (86-11)
CARES Act (96-0)
Patriot Act (98-1)
Joe Manchin
Shitted build back better,
Conservative democrat,
Helped pass inflation reduction act
Voted to appoint Kavanaugh
Examples of Government Shutdown
2023- The government was close to defaulting on its debt, and made a bipartisan decision to raise its debt ceiling.
Examples of Committee oversight
The Trump and Russia Investigations
House Committee on oversight and reform investigation of Hillary Clinton’s use of a private email account.
January 6th Investigation.
How does Popularity Reduce Oversight?
Post-9/11 Bush was extremely popular due to his strong and powerful image as a leader. This allowed the Patriot Act, which established domestic and international wiretapping and surveillance measures, to be passed within a month.
2009/10 Obama was very popular. This allowed Obamacare (or ACA) to be passed, and was further solidified by the Sebelius V NFIB SC decision.
How does Unified Government Reduce Oversight?
Inflation Reduction Act (51-50)
The Inflation Reduction Act will protect Medicare recipients from drug costs by phasing in a cap for unfair costs and establishing a $35 cap for a month’s supply of insulin.
Trump Tax Reform (51-48)
The Tax Cuts and Jobs Act made several changes to the tax code, including Eliminating the individual mandate for health insurance under the Affordable Care Act
Obamacare (60-39)
It aimed to provide affordable and quality health insurance coverage to millions of Americans who were previously uninsured.
How does Divided Government Increase Oversight?
The DREAM Act was a legislative proposal to grant temporary conditional residency, with the right to work, to illegal immigrants who entered the United States as minors.
This failed as a law, and so Obama introduced DACA and DAPA as executive orders.
Example of when Presidential legislation failed EVEN THOUGH it was a unified government.
In 2017, President Trump and Republican leaders tried to repeal and replace Obamacare, but their efforts failed despite controlling both the House and the Senate.
Iran Nuclear Deal
The Iran nuclear deal was a 2015 agreement between Iran and six world powers: the States, the UK, France, Germany, Russia, and China. The deal aimed to limit Iran’s nuclear program in exchange for lifting economic sanctions that had been imposed on the country.
In the end, Congress did not pass any legislation to undermine the deal, but the Trump administration ultimately withdrew from the deal in 2018.
Name Obama’s Immigration Reforms
DACA
is an immigration policy implemented by the Obama Administration in 2012. It allows certain individuals who were brought to the United States as children and do not have legal immigration status to apply for a two-year period of deferred action from deportation and eligibility for a work permit.
DAPA
(Deferred Action for Parents of Americans and Lawful Permanent Residents) was a proposed immigration policy that was announced by President Obama in 2014. It would have granted deferred action and work permits to certain undocumented parents of U.S. citizens or legal permanent residents.
The DREAM Act
is a proposed legislation that would provide a path to citizenship for certain individuals who were brought to the US as children and do not have legal immigration status. The DREAM Act has been introduced in different forms in Congress several times, but has not yet been passed into law. It is seen as a more permanent version of DACA.
Trump’s immigration views
Trump has made controversial statements about Mexicans, describing them as “bringing drugs, they’re bringing crime, they’re rapists”
Trump has compared Syrian refugees to pieces of candy, suggesting that some may be harmful
Trump has called for the restriction of people coming into the United States from the Middle East and the stopping of Syrian refugees from entering the country
Arguments for affirmative action
Affirmative Action is considered necessary because it aims to level the playing field for underrepresented groups or people who have faced historical disadvantages. This is because many factors, especially race, can influence a person’s chances in life, such as the neighbourhood they are born in or the schools they attend.
People of colour disproportionately live in poorer neighbourhoods with underfunded, lower-quality schools, and even the most capable students may not have the resources needed to succeed. Therefore, affirmative action gives these disadvantaged groups a “leg up” in order to have better opportunities.
Arguments against affirmative action
Affirmative Action can lead to reverse discrimination, where individuals from certain racial or ethnic groups are given preferential treatment over more qualified individuals from other groups. Additionally, some argue that Affirmative Action can lead to a lack of motivation and self-sufficiency among members of traditionally disadvantaged groups, as they may come to rely on these policies for success rather than working hard to achieve it themselves.
Additionally, it can be argued that Affirmative Action does not address the root causes of inequality such as poverty and lack of access to education, and that these issues need to be tackled instead of using Affirmative Action as a band-aid solution.
Examples of affirmative action controversy.
US v Fisher ruled that the university’s use of race as a factor in admissions was constitutional, but also established that universities must prove that their use of race is necessary to achieve diversity. This decision upheld the use of AA in college admissions, but also required universities to regularly justify their use of race as a factor in the admissions process.
The case of Harvard V SFFA highlights the limitations and potential negative effects of affirmative action policies, while others argue that the case reaffirms the importance of considering race in admissions to promote diversity and counteract the effects of past discrimination.
- The SC received thirty-three amicus briefs in support of SFFA, and sixty in support of Harvard
How much did the NRA spend on lobbying in 2017
$5 million
How much did the NRA spend on influencing elections through attack ads etc 1998-2018?
$145 million
AARP Membership
38 million
What was March for Our Lives?
The March For Our Lives movement, which was started by survivors of a school shooting, organised a voter registration drive and endorsed political candidates who supported their goal of enacting gun control legislation.
They also supported a voter registration bill in Congress, which would make it easier for young people to register to vote.
When have Amicus Briefs been used?
here were over 140 amicus briefs filed in the Dobbs v. Jackson Women’s Health Organization case from pro-choice and pro-life pressure groups.
Emily’s List
Successful in supporting Democratic women candidates at all levels of government.They helped elect a record number of women to Congress in the 2018 midterm elections.
AIPAC
They successfully lobbied for the passage of the U.S.-Israel Strategic Partnership Act, which strengthens the U.S.-Israel relationship and promotes cooperation on defence, energy.
The American Israel Public Affairs Committee.
Both Trump and Clinton spoke at their annual conference in 2016.
MADD
The number of drunk driving deaths has fallen by 50% since MADD was founded in 1980.
Average cost of winning a seat in the House
$1.3m (£1.04m)
(Average cost of becoming an MP is £11,000- so the US costs 100x more)
What did Citizens United v FEC overturn?
2002 McCain-Feingold Act, which had limited corporate spending on campaigns.
Trump Super PACs
Great Trump
America First Action
Biden Super PACs
Future Forward USA
Unite the Country
Why is it difficult to reform campaign finance in the US? 4 reasons.
The Supreme Court, since FEC v Citizens United has made it hard to limit campaign spending.
Politicians, since those in a position to make change are often the ones who have benefitted from the system in getting their seat.
Loopholes, since ‘types’ of campaign spending are just ways to circumvent limits.
FEC, since it is gridlocked and fails to work in a bi- partisan manner.
Hard Money Rules in US
An individual is only allowed to donate $2,700 to a candidate and $5,000 to a party during an election cycle.
US Elections- stats
In 2016, 94% of election campaigning took place in 12 states
Small states are overrepresented in the Electoral College. California has 55 ECVs and a population of nearly 40 million. A Californian ECV represents over three times as many people as wyoming.
What % of presidents get re-elected?
Historically, incumbents have a high rate of winning re-election, with over 80% of Presidential incumbents winning re-election over the last 100 years.
Freedom Caucus and Obamacare
In 2013, members of the Freedom Caucus were instrumental in shutting down the government for 16 days in an effort to defund Obamacare.
How does Gerrymandering impact elections?
During the 2020 midterms, Florida Republicans gained 4 seats, which was helped massively by gerrymandering.
Comparative Theories
“This can be explained by…”
The rational theory- a focus on individuals.
The cultural theory- a focus on groups.
The structural theory- a focus on structures/ functions.
2016 Caucuses Turnout
16%
2016 Primaries Turnout
30%
Example of judicial review?
Brown Vs Board 1954
