US Politics Flashcards
When was the constitution originally drawn up?
1787
How many times has the US constitution been amended?
27 times
What was the first constitution based on and who ratified it?
The articles of confederation and the 13 original us states
Why were colonies reluctant to join a central government?
The colonies were all very distinct and of varying size - they were also reluctant to give up their hard won independence
What did the constitutional convention help with? What came out of it?
The tension caused between the states trying to balance freedom and the right to resist with stability and effective government
At this convention, the 55 attendees or the founding fathers drew up the us constitution which had to be ratified by 9 of 13 states before coming into effect. This happened in 1788 when New Hampshire became the first state to ratify
What are some key features of the constitution? (Not necessary to know all just the general gist)
- emphasis on representative government not democracy
- general fear of mass democracy
- product of its time and authors
- slavery was intrinsic to the economy and society of several nations
- it was about the framework and structure of government as opposed to individual rights
- the articles were intentionally ordered in a specific way
- it was a compromise
- there was an implicit fear of power
- left a lot unsaid and plenty vague
- designed to be long lasting, enduring and not easily changed or overturned
- acts as a focus of loyalty and attachment for the majority of Americans
- the constitution was to be sovereign
What is the bill of rights?
The first 10 amendments to the constitution agreed by congress in 1789 and ratified in 1791.
Focuses on individual rights and freedoms used to protect US citizens from the actions of government.
What are implied powers?
Powers of the federal government implied by or read into its roles and responsibilities as laid out in the constitution
> congress has the implied power to punish tax evasion because it has the expressed power to collect taxes
What are enumerated powers?
Powers expressly granted to congress by the constitution
> the power to collect tax
What’s the 3/5ths clause?
Enslaved people counted as 3/5 of a man until it was repealed in 1868 by the fourteenth amendment. This meant that the number of representatives a state would get in the house. Slave holding states wanted their entire population to be counted to determine the number of Representatives those states could elect and send to Congress. Free states wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. A compromise was struck to resolve this impasse.
Where is the areas of vagueness and silence in the constitution and why is this important? (Good and bad)
- has allowed the constitution to evolve with changing times (general welfare and necessary and proper clauses) but allowed for things like slavery and sectional divide
- lack of any allusion to democratic principles
- amendments can be particularly ambiguous
> the second amendment ‘the right to bear arms’ is prefixed by the phrase ‘a well regulated militia, being necessary for the security of a free state’ this is because when it was written many of the states had just expelled colonisers with single shot muskets - should this now only apply to the national guard? Or everyone? Only semi automatic weapons or more lethal devices? - the constitution also gives the president ultimate responsibility for initiating military action but congress has the sole power to declare war yet the president is commander in chief
> this is because in emergencies like an attack from the British or indigenous Americans it may not be convenient for congress to reconvene, nowadays presidents often seek congressional approval retrospectively
What is judicial review?
The supreme courts power to interpret the constitution and decide on the legality of something
What is the supreme courts most important power? How does this power allow them to act as a referee?
Judicial review as it allows the court to interpret the constitution and declare laws or executive actions as unconstitutional and therefore illegal
Is judicial review mentioned in the constitution?
Not specifically - it came around from precedent from one of the most important historical cases - Marbury v Madison in 1803
> in the past due to areas of ambiguity this has been used with one Supreme Court justice stating ‘we are under a constitution, but the constitution is what the judges say it is’. This implies the meaning may change based on the courts political leaning
What contentious issues have ended up in the Supreme Court? Give case names
- Burwell v. Hobby Lobby Stores, Inc. (2014) was a landmark case in which the U.S. Supreme Court held that closely held for-profit corporations could be exempt from regulations that violate their religious beliefs under the Religious Freedom Restoration Act (RFRA).
The case arose when Hobby Lobby, a craft store chain owned by a Christian family, objected to the Affordable Care Act’s (ACA) mandate requiring employer-provided health insurance to cover certain contraceptives. The owners argued that providing these contraceptives conflicted with their religious beliefs.
In a 5-4 decision, the Court ruled in favor of Hobby Lobby, stating that the ACA’s contraceptive mandate imposed a substantial burden on the company’s exercise of religion and was not the least restrictive means of achieving the government’s interest in providing access to contraception. This decision extended certain religious rights to closely held corporations.
- Roe v. Wade (1973)
In Roe v. Wade, the U.S. Supreme Court recognized a constitutional right to abortion. The case arose when “Jane Roe” (a pseudonym for Norma McCorvey) challenged a Texas law banning abortion except to save the mother’s life. In a 7-2 decision, the Court ruled that the right to privacy, rooted in the 14th Amendment, included a woman’s decision to have an abortion. The Court established a trimester framework:
1. In the first trimester, the government could not restrict abortion.
2. In the second trimester, regulation was permitted to protect maternal health.
3. In the third trimester, states could prohibit abortion, except when necessary to protect the woman’s life or health.
Overturning: Dobbs v. Jackson Women’s Health Organization (2022)
In Dobbs v. Jackson Women’s Health Organization, the Court revisited abortion rights after Mississippi enacted a law banning most abortions after 15 weeks. The Court’s conservative majority overturned Roe v. Wade in a 6-3 decision, stating that the Constitution does not confer a right to abortion. The ruling returned the authority to regulate abortion to the states.
Impact of Overturning Roe
• States gained the power to set their own abortion laws, resulting in a patchwork of policies.
• Several states enacted strict abortion bans or restrictions, while others expanded protections.
• The decision significantly reshaped the legal and political landscape surrounding reproductive rights in the U.S.
- Obergefell v. Hodges (2015)
Obergefell v. Hodges was a landmark U.S. Supreme Court case in which the Court ruled that same-sex couples have a constitutional right to marry under the Fourteenth Amendment.
Background
The case consolidated challenges from several states where same-sex couples were denied the right to marry or have their out-of-state marriages recognized. James Obergefell, one of the plaintiffs, filed suit because Ohio refused to recognize his marriage to his terminally ill partner, John Arthur, who had died.
Supreme Court Ruling
In a 5-4 decision, the Court held that:
1. The Due Process Clause guarantees the fundamental right to marry, which applies equally to same-sex couples.
2. The Equal Protection Clause ensures that same-sex couples are not denied the dignity and benefits of marriage afforded to opposite-sex couples.
Justice Anthony Kennedy, writing for the majority, emphasized the principles of dignity, autonomy, and equal treatment under the law.
Impact
The ruling:
• Legalized same-sex marriage nationwide.
• Required all states to recognize marriages performed in other states.
• Was celebrated as a major victory for LGBTQ+ rights in the U.S.
- Plessy v. Ferguson (1896)
In Plessy v. Ferguson, the U.S. Supreme Court upheld racial segregation under the “separate but equal” doctrine. The case involved Homer Plessy, who challenged Louisiana’s law requiring separate railway cars for Black and white passengers. The Court ruled 7-1 that segregation was constitutional as long as facilities were equal, legitimizing decades of segregation.
- Brown v. Board of Education (1954)
In Brown v. Board of Education, the Court overturned Plessy, ruling that racial segregation in public schools violated the Equal Protection Clause of the Fourteenth Amendment. The unanimous decision declared that “separate but equal” is inherently unequal, marking a pivotal moment in the fight against racial segregation and the civil rights movement.
How does gridlock occur in congress as a result of the constitution?
The constitution was designed to promote compromise and cooperation between the 2 houses and the president. This is because for any laws to be passed all parties must cooperate. It was intended that the senate would calm the passion and populism of the house however there is often deadlock.
> during Trumps first presidency (Dec 2018 - Jan 2019) there was a 35 day government shutdown when Trump tried to pass a budget with greater funding for his border wall
Why is there differing rules on elections between states?
The constitution places the organisation of elections solely on states
> certain things like the voting rights act of 1965 and the help America vote of 2002 are mandatory but many practical measures like postal votes and early voting are not
> some states also place limits on the voting rights of ex felons
What state automatically mails voters ballots?
Utah
What aspect of voting has there been particular controversy over lately?
Stricter voter id laws where some states, mainly republican, have aimed to tighten up rules where they allege there has been voter fraud
> Mississippi and Kansas both have stricter requirements on permissible photo ID
As a result there has been widespread accusations of voter suppression
What are the two main principles of the us constitution?
Separation of powers
Checks and balances
What is the separation of powers?
The founding fathers argued that the best way to avoid tyranny and absolutism was to divide government into 3 branches:
Legislature (congress)
Executive (president)
Judiciary (SCOTUS)
What are the positives and negatives of the separation of powers?
Each branch is limited by the other two
No person can serve simultaneously in two branches
> Clinton had to resign as senator for NY when appointed Secretary of State
It helps prevent any one branch from having too much power and avoids the notion of an elective dictatorship
It helps to prevent the notion of an independent and non political judiciary which is vital for upholding civil liberties
The term separation is misleading - shared may be more accurate
The VP is the also senate president and has the casting vote in the event of a tie
> Mike Pence used this multiple times, notably to confirm Betsy DeVos as education secretary in 2017
A president with a supportive Supreme Court whose party controls congress has a lot of power regardless
Few judiciaries in moderns democracies are arguably as politicised as the US
presidents have the power of pardon which overlaps with the judiciary
> Biden pardoned his son Hunter after he had been convicted of his peers on tax and gun charges
How do Checks and balances work?
Every branch of government is limited and constrained by others
What are some presidential checks on congress?
Presidents can veto acts or resolutions passed by congress which takes a 2/3 majority to overturn
Presidents often threaten the veto to dissuade congress from passing an unwelcome measure
Presidents can issue executive orders to by pass the need for formal legislation
Presidents can use their commander in chief role to deploy rules US troops overseas thereby avoiding congressional approval of a formal declaration of declaring war
What are some presidential checks on the courts?
The president nominated all federal justices including when there is a vacancy to the Supreme Court, often those who they have similar ideologies to
The president can issue pardons and commutations to those convinced of federal crimes
> Trump nominated 3 conservative judges to the court during his first presidency
What are some congressional checks on the president?
A presidential veto can be overturned by a supermajority in both houses
The senate must confirm by a simple majority the presidential appointments to the administration incl the judiciary
As with the presidential veto the threat of senate rejection is often as powerful and occurs more frequently
Congress has the power of the purse and can turn down presidential requests for funding
Congress can simply decline to pass legislation desired by the president
> in the aftermath of sandy hook in 2012 Obama requested congress pass several gun control laws but was unsuccessful
> Trump faced the same issues when trying to pass gun reform laws
The nuclear option of impeachment can remove a president from office mid term
> in 2019 the house tried to impeach Trump but was unsuccessful
Congress has the power to block treaties negotiated by the president
> the 2012 rights of persons with disabilities acts fell 5 votes short of the requirement (61-38)
Congress can launch investigations into presidential actions where wrongdoing or serious concerns are raised
> 2019 house oversight and reform committee launched an investigation into US air force aircraft refuelling at a struggling Scottish airport near a Trump owned resort which was helping it to remain a viable business
What are some congressional checks on courts?
Congress can impeach federal justices and remove them from office
> in 2010 a louisiana federal judge Thomas porteus was impeached and removed for corruption
Constitutional amendments can be initiated to overturn Supreme Court verdicts
> there have been attempts to ban the burning of the US flag and prayer in state schools but both have been unsuccessful
What’s a judicial check on the president?
The courts can rule presidential actions unconstitutional and therefore illegal
> In Hamdan v Rumsfeld (2006) the court ruled against a special military commission set up by George W Bush to try suspected members of Al Qaeda
What’s a judicial check on Congress?
The courts can declare acts of Congress to be unconstitutional and therefore effectively require them to be repealed
> in 2013 the defence of marriage act was ruled unconstitutional in US v Windsor which was a major milestone for same sec marriage
Why are checks and balances significant?
The system is significant for a number of reasons:
- it encourages the political players above all Congress and the president to deploy other tactics to get around constraints
> many presidents prefer to negotiate executive agreements over full treaties with international powers such as Obamas nuclear deal with Iran or to call a national emergency to secure funding as Trump did with his US-Mexico border wall
- presidents are also the most subject to checks out of all 3 branches
> this is a clear indication of the framers fears that giving too much power to one person won’t end well
- checks and balances can also affect the timing of presidential initiatives especially in times of divided government or when a president becomes a lame duck
> Trump from 2018 onwards and Obama in the 2014 midterms
- the elaborate system also means there can be extensive gridlock
> with the different levers of power being in so many different hands very little may be achieved but it also prevents dictatorship
> even during a national emergency such as Covid 19 in 2020 it took several days of intense and fraught negotiations to pass the CARES act with $2.2 trillion of stimulus passed
- not all checks and balances have equal significance and the most powerful ones are rarely used, especially things like impeachment
> even things like the veto are declining: Obama only uses it 12 times whereas Reagan used it 78 times in the same time span in the 80s
> often the threat of checks and balances can be enough
What are the two ways the constitution can be formally amended?
In most cases the process begins with Congress and is followed by ratification from individual state legislatures. This requires high levels of approval for a proposed amendment.
> the twenty first amendment that repealed prohibition occured this way
It is also possible for 2/3 of states to suggest an amendment by calling for a national constitutional convention where 3/4 state legislatures can ratify it but this has never been successful.
> came closest in 1992 when 32 states requested a balanced budget amendment
How many amendments were passsd soon after the constitution was originally ratified?
10 - this was the 1791 bill of rights
What do most of the amendments concern?
Individual rights and voting rights
Which amendment overturned another? What is a live amendment?
The 21st which repealed prohibition
Live amendments are those that are currently active of which there are 25
How do a lot of amendments come into effect?
In response to a particular situation
> the 22nd prohibits a president from serving more than 2 terms and was passed after the 13 year presidency of Roosevelt who died in office
Are all amendments equally important?
No, the 23rd amendment gave Washington DC electoral college votes but many would not consider this as important as others
What is the first amendment?
Guarantees freedom of speech, religion, press, assembly and petition
What is the second amendment?
Protects the right to keep and bear arms
What’s the third amendment?
Prohibits the forced quartering (living) of soldiers in private homes during peacetime
What’s the fourth amendment?
Protects against unreasonable search and seizure, requiring warrants based on probable cause
What’s the fifth amendment?
Provides rights in criminal cases including protection against double jeopardy, self incrimination and guarantees due process
What’s the sixth amendment?
Guarantees the right to a free and fair trial, including a speedy trial, an impartial jury and the right to counsel
What’s the seventh amendment?
Guarantees the right to a jury trial in civil cases involving claims exceeding a certain monetary threshold
What’s the eight amendments?
Prohibits excessive bail, fines and cruel and unusual punishment
What’s the 9th amendment?
States that the enumeration of certain rights in the constitution does not deny others retained by the people
What’s the tenth amendment?
Reserves powers not delegated to the federal government to the states or people
What’s the 13th amendment?
Abolished slavery
What’s the 14th amendment?
Gave citizenship rights to formerly enslaved people and included the equal protection and due process clause
What’s the 17th amendment?
Introduced direct election to the senate
What was the last amendment to pass?
In 1992 it was specified that any increase to congressional salaries could only take effect after the next election
Why have some recently proposed amendments not passed?
Things like the equal rights amendment which would have embedded women’s rights in the constitution have been passed by Congress but failed to get sufficient state ratification within the allotted time frame
What are informal amendments?
Informal amendments occur in the Supreme Court when judgements are made that change how the constitution is interpreted. This enables it to remain up to date.
What are some famous informal amendments to the constitution?
DC v Heller (2008) - the explicit right to private gun ownership
Miranda rights - the right to remain silent
Citizens united (2010) - the rights of corporations and interest groups to enjoy first amendments rights in regard to political activities
Obergefell v. Hodges (2015) - the rights of LGBTQ+ Americans
Carpenter v United States (2018) - extending the right of privacy to mobile phone data
Why are informal amendments controversial?
Some people don’t think that the constitution should be altered by anything other than the formal methods as it’s impossible to know how the founding fathers would feel about these amendments. However it it is important to modify them he document to protect things like gay rights and privacy.
Why do some people refer to the constitution as a living document and what does this mean?
This means that the constitution is able of reinventing itself and being reinterpreted into the modern age.
Is the us constitution too hard to amend formal? (Yes)
There have been very few amendments passed (27 in 200 years)
The current constitution outlines things like the electoral college which many people consider outdated
It prevents the constitution from being easily updated, arguably infringing on the rights of certain groups that have been historically oppressed
A lot of informal amendments take place via Supreme Court justices who are unelected and unaccountable
No national constitutional conventions have ever been held
Is the US constitution too hard to amend formally? (No)
The high threshold for amendments ensures that change only happens when there is a wide consensus
Obsolete clauses can be repealed
> prohibition clause
The rights of many groups not specifically singled out for protection can be equally well protected by state and federal law
The Supreme Court often does take note of the direction of public opinion when reaching conclusions
The current amendment procedure allows for a federal dimension to be present
What is federalism?
A system of government where bodies such as states or provinces share power with national government
What are reserved powers?
Powers that are reserved for states to legislate on individually as laid out in the 10th amendment
Why is the 10th amendment ambiguous?
It states powers like trade and defence are reserved for the states respectively or the people. There is debate about what the phrase to the people actually means as it could refer to the will of voters expressed through the election of Congress or the president.
Does the constitution explicitly refrence federalism? What does it say about state laws complying?
No it only says that state law must comply with the constitution as well as federal law which has primacy
What are some key landmarks in the debate about distribution of power?
The civil war (fought over slavery but also involved the issue of states rights)
The post civil war era and the legalised emergence of racial segregation in the south
The 16th amendment bringing about national income tax
The new deal of the 1930s and ww2
The 70s and 80s backlash of big government
Aftermath of 9/11 and the war on terror
The affordable care act and the American jobs act after the financial crisis both under Obama
Trump and Covid
Could it be argued that federalism has been weakened since the 1930s?
Yes - the world has become more global and complex as people’s expectations of what a government should deliver has grown
What is the current balance of power between individual states and federal government? Where are states particularly important?
There has been a shift away from states powers and towards big government in recent decades. However, states can still legislate on:
Local access to abortions
Death penalty
The presidential election
Elections, caucuses and primaries
States are also often at the forefront during times of crisis
> Katrina and sandy as well as covid
Why has there been arguments about what forms big government interference should take? (Some parties like some forms of intervention some don’t)
Republicans have no qualms with federal government cracking down on the sanctuary cities movement that curbs illegal immigration but resist federal government imposing healthcare expansion on states via Obama care and expanding abortion access which the democrats would likely celebrate
Why is the electoral college arguably a failure of the constitution?
It ensures that smaller states are not overlooked but has not elected the most popular candidate twice, in 2000 and 2016
Why is the senates system of 2 votes per state arguably a constitutional fail and increasingly unfair?
The constitution balances the interests of states of different sizes. However, the gap between the smallest and largest states has grown exponentially since the 1780s from 12x larger to 68x meaning small states are overrepresented
How does the senate provide a check on presidential appointment power?
The advice and consent powers prevent unsuitable candidates getting into the cabinet or the Supreme Court
> Harriet miers in 2005 and Ronny Jackson in 2018
What are entrenched rights?
Those that cannot be easily removed - the us constitution has a complex amendment process that prevents rights from being easily changed
How well does the us constitution protect individual rights?
Many rights are explicitly protected in the bill of rights including free speech and expression as well as the right to a fair trial
Supreme Court judgements have often discovered new rights in elastic clauses including equal protection
The constitution does not prevent other rights it doesn’t cover from being protected in other ways such as acts of congress
The USA has adapted well and many rights have been updated by judicial review making the country largely on par with other democracies
How well does the us constitution protect individual rights?
Many rights are explicitly protected in the bill of rights including free speech and expression as well as the right to a fair trial
Supreme Court judgements have often discovered new rights in elastic clauses including equal protection
The constitution does not prevent other rights it doesn’t cover from being protected in other ways such as acts of congress
The USA has adapted well and many rights have been updated by judicial review making the country largely on par with other democracies
How well does the us constitution protect individual rights? (Does)
Many rights are explicitly protected in the bill of rights including free speech and expression as well as the right to a fair trial
Supreme Court judgements have often discovered new rights in elastic clauses including equal protection
The constitution does not prevent other rights it doesn’t cover from being protected in other ways such as acts of congress
The USA has adapted well and many rights have been updated by judicial review making the country largely on par with other democracies
How well does the US constitution protect rights? (Does)
Many rights are explicitly protected in the bill of rights including free speech and expression as well as the right to a fair trial
Supreme Court judgements have often discovered new rights in elastic clauses including equal protection
The constitution does not prevent other rights it doesn’t cover from being protected in other ways such as acts of congress
The USA has adapted well and many rights have been updated by judicial review making the country largely on par with other democracies
How well does the US constitution protect rights? (Doesn’t)
Many groups and rights are not explicitly mentioned meaning they are not protected constitutionally
> free and fair elections, rights of children and the disabled
The Supreme Court interpretations are inevitably subjective and alter over time creating uncertainty and contradictions
Laws passed by congress can be reversed and lack the embedded ness of constitutional rights
The USA has some bizarre quirks regarding certain rights like the death penalty and gun rights
What is structural theory?
Focuses on institutions and their structure - applied to topics such as constitutions and legislatures like how the US constitution can be amended
They key question tends to be what role or function a structure or institution has within a country’s political system
What is rational theory?
The actions and behaviours of groups and individuals - applies best to areas such as voting behaviour and the methods applied by pressure groups
This assumes that individuals or groups will normally act or make political choices in a logical way to maximise positive outcomes for themselves or their cause
What is cultural theory?
Looks at the history, shared values and cultural context which is particularly relevant when examining constitutions and their origins as well as the nature and traditional values of political parties and the reasons why legislatures and judicial benches have developed as they have. Things like backbench rebellions act as checks.
Places a lot of weight on the historical and sociological context of political systems
What is a fusion of powers? Which country has this?
A fusion of powers is when whichever party controls parliament controls the nation. The uk has this. It may mean that there are fewer formal checks of power on a prime minister with a large majority
How is the seperation of powers in the US different to the fusion of powers in the uk?
In the USA even presidents who control both houses of congress may find it hard to pass legislation and can expect legal challenges
How is sovereignty different between the two countries?
The UK has parliamentary sovereignty whereas the US has constitutional sovereignty
How could it be said there is a lack of clarity in some roles and practices in the UK?
The lack of a codified constitution with only piecemeal codification means that there may be an absence of clear and entrenched processes. Competitively, in the US the articles of the constitution are very precise in places
How do the US and UK constitutions differ culturally?
The US constitution was formulated with clear principles and compromises to make it acceptable to everyone. It used key features like republicanism and representative democracy.
Contrastly the UK constitution in the product of centuries of evolution and has been gradually adapted over time to incorporate the notions of parliamentary government. The British constitution also factors in monarchy.
In the UK there is a number of antique documents like the magna carter and there is acceptance of things like hereditary peers and the 26 bishops. By contrast the US takes inspiration from Ancient Rome and Greece.
Finally the constitutions have different protections. The us constitution is more explicit about the protection of individual rights and the Americans historically have a greater attachment to individual liberty whereas the uk does to civil liberties.
The magna cater and the 1689 UK bill of rights both stress the importance of limiting the monarchs ability to divert power.
Both constitutions didn’t aim to protect the liberties and rights of every man and woman. The magna cater was an agreement between king John and his barons and the Philadelphia constitutional convention was a meeting of elitist white men.
How can UK and US devolution be compared?
Federalism is entrenched in the US constitution, devolution was adopted by parliamentary statute, meaning it could be reversed by a future parliament.
US states have much greater law making powers than devolved regions of the UK - the death penalty for example is based on individual states. However, the gap is diminishing.
> in Scotland top earners pay more income tax while uni students pay higher tuition in England.
Contrast ly, the growth of big government has meant that states have less power.
> states can still decide what electoral systems they use, as do devolved assemblies
Devolution in the UK does not apply to the whole country, only parts like Scotland, wales and NI. The bulk of the UKs population lives in England yet does not have their own parliament. Each of the USs 50 states has their own legislature as well as a central government. However, all state laws must conform with federal laws as well as the constitution
In what ways do the UK and US constitutions differ in practice? How are they similarly also?
Legislative power: in the uk the focus is almost entirely on the commons whereas in the us pressure groups target both the house and the senate.
Executive power: in the uk a PM with a healthy majority can normally get their agenda passed without incident which is often not the case in the US where leaders may have to negotiate with congressional leaders in their own party.
Limits of executive and legislative power: checks and balances are earthed into the US political system with vetos and congressional supermajorities being key. In the UK there is only royal assent which hasn’t been used since 1707.
The role and impact of the judiciary: the US judiciary is far more powerful and significant whereas UK courts cannot overrule acts of parliament.
Devolved and federal government: devolution in the UK is far less important and known than federalism in the US.
What are some similarities between congress and parliament?
Both pass laws that have legislative supremacy over any state or devolved measures
Each has a representative role
Both serve as important checks on the executive
Both institutions are bicameral
Political parties dominate proceedings in both congress and parliament
How are congress and parliament similar in terms of how much they resemble their voters? (Think race, age, gender)
Both tend to be more male, white and older than the general population but are becoming more diverse
> 220 women were elected to parliament in 2019
Both legislatures have issues of under representation but it is worse in congress
> after the 2018 midterms of the 101 women elected to the house 88 were democrats whereas only 13 were republican. Labour and the conservatives tend to be less gender divided
How are congress and parliament similar in terms of the parties that dominate each one?
The two largest parties are overrepresented in both but worse in the US where there is no 3rd party representation
> independents like Bernie sanders who represents Vermont is aligned with the democrats
> Lib Dem’s have served in government with the 2010-15 coalition
How are congress and parliament similar in terms of checks on the executive?
In the UK PMs must be aware of the power of the backbenchers which does not occur in congress where the president has their own mandate and not impeachment can remove them but this requires a 2/3 majority and is therefore difficult
> Thatcher and Theresa May
> only one republican senator, mitt Romney broke ranks with his party over trumps impeachment in 2020 although ten house republicans voted to impeach trump on the second attempt in 2021
However, congressional scrutiny can be very strong as congressional committees are able to launch inquiries and investigations into all areas of executive actions
> wars in Iraq and Afghanistan under George W Bush
In parliament select committees can draw attention to government failings and policy mistakes such as the wind rush scandal but they lack enough power to be able to enforce their findings on government
However, parliament does have the direct method of PMQs which are direct
How are congress and parliament similar in terms of being effective lawmakers?
Parmesan’s is normally more effective and efficient than congress. Commons dominance, parliamentary sovereignty and the norm of healthy majorities makes it easier to pass laws
Bills pass much more slowly in the USA and must go through both chambers with agreement or cant pass.
> even soemthing as central as the budget can be fiercely debated and may lead to a shutdown as occurred for 35 days in 2019 under Trump
Contrast ly, any UK government that couldn’t pass a budget would cease to become government as it’s basically the same as a confidence vote.
In times of crisis both legislators can push through laws.
> 9/11 and 7/7 bombings
How are congress and parliament similar in terms of how they’re viewed by voters?
Congress is historically unpopular
> there haven’t been approval ratings of higher than 50% since 2003
There are no real equivalent figures for parliament as a distinct institution and parliament and government tend to be more linked in people’s mind.
How can the constitutions be compared?
US is codified so considerably more accessible
Fusion v separation of powers
Federal v predominately unitary with a growing role for devolved assemblies
Role of Supreme Court makes it a focus for lobbyists whereas in the uk they focus on parliament
Both leaders have to spend time persuading fellow members to support their bills and policies
Federalism in the USA means that state governments are a major target for lobbying as are devolved assemblies
There is a deep rooted attachment to states rights
The UK constitution is a product of evolution and gradual change whereas the US is more revolutionary
The British constitution retains traditional residual elements of aristocratic and church power especially regarding the lords
How are congress and parliament similar in terms of structural, cultural and rational theory?
Both parts of congress enjoy significant concurrent powers
By contrast, the commons dominates in the UK
The executive in the UK is found in the legislature whereas no member of cabinet can be in congress in the US
in the US more power lies in the 50 states
In both nations two parties have dominated political affairs but the US lacks any third parties that get into congress
Party discipline is generally stronger in the UK and a strong leader can ignore dissent
US presidents are more reliant on bipartisan support for tricky legislation or nominations
Parliament has traditions like the queens speech whereas congress has traditions like the state of union address and those like the filibuster which has developed over time.
UK has more political theatre like PMQs while direct questioning of ministers or the president in the US is impossible due to the separation of personnel
What are filibusters and where do they happen?
A filibuster is a parliamentary tactic used in legislative bodies, particularly the U.S. Senate, to delay or block a vote on a bill or other action. Senators employ it by speaking for an extended period, introducing procedural motions, or otherwise preventing the legislative process from moving forward.
Key Features of Filibusters
1. Unlimited Debate: In the U.S. Senate, rules allow for unlimited debate, which filibusters exploit.
2. Cloture to End: A filibuster can be ended by a cloture vote, requiring the support of 60 senators.
3. Purpose: Filibusters are often used by the minority party to prevent legislation they oppose from passing.
Types of Filibusters
• Talking Filibuster: A senator speaks continuously to hold the floor.
• Silent/Procedural Filibuster: A senator signals intent to filibuster, and the bill stalls unless 60 votes are secured.
Notable Filibusters
• Used in the past to block civil rights legislation and other controversial bills.
• Modern filibusters often do not involve extended speeches but rely on procedural delays.
How long and where do house of representatives members serve?
They serve 2 years and one of 435 congressional districts
How long and where do senators serve?
Senators serve 6 years and there are 2 per state
One third of senate seats are contested at every election
What are the three roles of congress?
Passing legislation
Representing the people
Overseeing the executive
What are the powers of congress?
Legislative powers
Overriding a presidential veto
Initiating amendments to the constitution
Rectifying treaties (senate only)
Declaring war
Congressional oversight
Confirming presidential appointments (senate only)
Impeachment and removal from office (house suggests, senate tries)
Electing the president (house) and the vice president (senate) in the event of a hung electoral college which has not been used since 1824
What is a standing committee?
A group of members of congress who are experts in the subject area to which the bill relates.
Why is the committee stage important?
It is one of the most important stages of the process becasue the committee can amend the bill if they wish to and decides whether to release it to the main chamber. Most bills end their passage in congress when they are rejected by the committee.
What happens if a bill is released from the committee stage?
It is timetabled for a debate on the main chamber floor. In the house, rules are set by the house rules committee for the bill which determine whether amendments can be made. The house or senate then debates the bill and may amend it before the whole chamber votes.
How are different versions of a bill that have passed out of each house on congress decided on?
The two versions of the bill are discussed in a conference committee made up of members of the standing committees for both houses. They agree on one modified version of the bill and release this as a conference report which is then approved by both houses.
Once congress passes a bill what happens?
It is sent to the president where it will then either be signed, vetoed or left on the presidents desk. If left on their desk it becomes law after 10 days.
> the only exception to this is a pocket veto where the president leaves a bill on their desk but congress adjourns before the end of the 10 days which essentially vetoes the bill as congress cannot vote to override it as they are not in session
What criteria do members of congress have to meet?
Congressmen have to be 25 or older, 30 for the senate
Congressmen have to have been a US citizen for 7 years minimum, 9 for senators.
Both senators and congressmen must reside in the state they represent
Why is congress criticised for not reflecting the diversity of US society?
In 2019 nearly 14% of the US population was immigrants and millennials outnumber baby boomers. In comparison, congress is pale, male and stale (white, male and old) as well as overly represented by Christians.
However, it is becoming more representative and diverse.
> in the 2019-2021 congress the first 2 Muslim women were elected and a record 4 Native American people.
> AOC is the youngest democrat congresswoman of colour.
what is cloture?
The process for ending a filibuster - a 3/5 majority is required to end a filibuster of a bill.
What is a caucus?
A group of members of congress who work together to achieve similar legislative aims
What is a congressional caucus?
All members of congress belong to one, either house or senate and democratic or republican
Smaller congressional caucuses act as sub groupings of members with a similar interest
Some caucuses include Members of both parties or houses
Smaller caucuses can act as an alternative influence to the party leadership
What is the most high profile leadership position in congress?
The speaker of the House of Representatives
What is the majority and minority leader of parties?
Members of each party caucus elect a leader, known as the majority leader if their party has the majority in that chamber or the minority leader if they do not
