US politics Flashcards
Comparative theories for Section B Q2
*Structural theory = institutions and processes
Cultural theory = shared ideologies
Rational theory = individuals
The US constitution + amendement process
Enumerated powers - checks and balances – 27 amendments
Sharing not a seperation of powers
Bipartisanship, limited governmnet, federalism, limited government, checks and balances
Amendment process: proposed on national and ratified on state level
2/3rds of both houses of Congress (33 passed this stage) OR 2/3rds of states call a National Consitutional Convention –> 3/4 of state legislatures to ratify OR 3/4 of state constitutional conventions
Key Amendments + evaluation of the amendment process
- 10th = protects states – all powers not stated to be held by the federal government are delegated to the states
- 17th = an elected Senate in 1913
Evaluation =
+ efficient as 27 amendments have been added, endured the test of time, requires bipartisanship so prevents on party dominating, prevents federal government from dominating
– super-majorities are too difficult, Supreme Court has vast powers as they interpret amendments, tyranny of the minority, a few member sof Congress or states can propose amendemnts, difficult to add new ideas so it is perhaps out of date, poor amendments can be added [18th was repealed by the 21st = prohibition]
Federalism
- Is the US federal today
State powers vs. concurrent powers [ones they share – e.g. enforcing laws]
Is the US federal today? = depends on circumstances
+ states independent = Marijuana is legal in 9 states, Supreme Court supports states = Texas v US [2016] overturned DAPA, broadchurch parties
– Electoral College focuses importance on a few states = California has 55 vs. Wyoming has 3 but their votes make up a larger proportion of the ECV, federal governmnet supported by the Supreme Court = NFIB v. Sebelius (Obamacare), only the federal government has the resources to deal with emergencies
Similarities and differences between the US and UK constitutions
S: both can be amended, explicit protection of Citizen’s rights, separation of powers, checks and balances, to an extent judiciable, both consist of written documents, devolved institutions rely on the national government for grants, national government retains a degree of supremecy, devolved regions have notable differences in legislation
D: US is codified and entrenched, federalism vs. unitary states, parlaimentary sovereignty in the UK, rights protected more in the US, limited checks and balances in the UK, bipartisanship is neeed to pass legislation due to supermajorities but in the UK majorities dominate, US government limited by checks and balances, US states has a range of criminal law whilst the UK’s is centralised
Make-up of Congress
House = 435 members, 2-year terms (speaker and minority leader)
Senate = 100 members, 6 year terms (1/3 up for election every 2 years), originally unelected but then 17th amendment [VP, minority and majority leaders]
115th Congress
20.9% of Congress = women
9.5% = black
Average age in Senate = 61.8
Powers of the House and Senate Vs concurrent
Senate:
Ratify treaties, Try cases of impeachment, Confirm presidential appointments, Elect VP if ECV is deadlocked = only occurred twice: 1800 + 1824
House:
Elect the President if ECV is deadlocked = only occurred twice: 1800 + 1824, Bring cases of impeachment, Initiate monetary bills
Concurrent = Confirming a new VP, passing legislation, declaring war, constitutional amendements [2/3rds of both houses], overturn Presodential veto
Legislative process
Bill can pass concurrently or consistently [same stages in both houses]
Committee (subcommittee hearings + committee chairs can pigeonhole bills),
Timetabling (H = House Rules Committee dominated by majority party vs. S = by majority leader)
Second reading and vote = simple majority (S = filibuster)
Third reading and vote = simple majority
Compromise/merge bills = Conference Committee – equal H + S members – reconcile the bill
H + S approval
Presidential action [sign, leave, veto]
Oversight of the executive
Impeach - e.g. Bill Clinton ‘98
Investigation
Ratify treaties (S)
Ratify federal judges and other appointments (S) - judges can be impeached
Determine funding - 2018 shutdown
Declare war = WW2
— e.g. Russian interference in 2016 election = investigated by House oversight committee = insufficient evidence to bring conspiracy charges against Trump
Legislatures comparison
Similarities: Both can declare war, Both pass legislation, Both strutinise the executive, Removal = vote of no confidence vs. impeachment, bicameral system
Differences: Commons more powerful than Lords, Commons elected, Party discipline = no carrots or sticks in US
President’s powers vs. informal sources of power
- Powers: Signing or vetoing legislation, appointments: judges, ambassadors, granting pardons, executive orders, making treaties, State of Union address, Commander-in-chief, executing laws, appointing cabinet
- Head of state vs. head of government [vs. Lame Duck President = between Nov to Jan when lost election but still in power]
-
Mandate = Obama won 52.9% whilst Trump won 46% (3 million fewer than H Clinton) – allowing Obama to propose ACA [passed March 2010] = passed the Senate by 60-39 votes, which was along party lines but Obama held the Senate = however, along party lines as all D voted for it and all R against it
National events + circumstances = Bush jnr. gained popularity after reaction to 9/11
VP + Cabinet = Biden was in Congress for a while so was good for Obama – Senator for Delaware for 36 years
Strengths and weaknesses of each House = UK + US
UK = Commons = + more powerful, strong backbench power, strong constituency links – whips, executive is dominant, governmnet majorities in committees
Lords = + more time to debate, reduced party discipline, increasingy willing to challenge the Commons – unelected, salisbury convention, large size [800 peers]
US = House = + strong constituency links, effective control by the majority party – short election cycles, power of the speaker means that the minority can be ignored, shared legislative power
Senate = unanimous consent, power of the filibuster, six-terms enable continuity, represnt state’s interests not just the electorate – dhared legeislative power, unanimous consent result in gridlock, overrepresented smaller states
EXOP
Executive Office of the President
- created in 1937
- Office for Management and budgeting
- National Security Counsel
- White House Office
Limits on presidential power
Events and circumstances = Sandy Hook Elementary school (Obama) + Hurricane Maria (Trump = he critiqued the Puerto Rican government for their response, then on a visit through toilet paper to people who had no water)
Election cycle — mid-terms so maybe a loss of a house = divided governmnet
The media, separation of powers, judicial review, appointments
Types of Presidency + foreign policy
Imperial vs. imperiled = Presidents have aspects of both in their Presidency
Foreign policy = the president controls: cabinet secretaries [state and defense], negotaiting treaties, executive orders and agreements, receive ambassadors, commander-in-chied
Congress controls: power of the purse [MONEY], the power to declare war, Senate approves cabinet members, Senate approves treaties
— Obama 2011 air strikes on Libya without Congress but asked them for approval in 2013 in Syria as weaker
— War Powers Act 1973 = Congress authorises militray action
Executives comparison
US + UK
Similarities:
Powers depend on majority in legislature, Can be removed by legislature, Face scrutiny from legislature, Control of military (Commander-in-chief + UK too through royal prerogative), head of governmnet, draws up legisltive agenda in a speech [Kings speech v State of Union address]
Differences:
Presidential veto, head of state and government, direct personal mandate, State of Union Address (vs. King’s speech), Congress has final say due to checks and balances
