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%