US Politics Flashcards

(458 cards)

1
Q

When was the constitution originally drawn up?

A

1787

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2
Q

How many times has the US constitution been amended?

A

27 times

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3
Q

What was the first constitution based on and who ratified it?

A

The articles of confederation and the 13 original us states

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4
Q

Why were colonies reluctant to join a central government?

A

The colonies were all very distinct and of varying size - they were also reluctant to give up their hard won independence

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5
Q

What did the constitutional convention help with? What came out of it?

A

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

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6
Q

What are some key features of the constitution? (Not necessary to know all just the general gist)

A
  • 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
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7
Q

What is the bill of rights?

A

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.

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8
Q

What are implied powers?

A

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

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9
Q

What are enumerated powers?

A

Powers expressly granted to congress by the constitution
> the power to collect tax

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10
Q

What’s the 3/5ths clause?

A

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.

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11
Q

Where is the areas of vagueness and silence in the constitution and why is this important? (Good and bad)

A
  • 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
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12
Q

What is judicial review?

A

The supreme courts power to interpret the constitution and decide on the legality of something

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13
Q

What is the supreme courts most important power? How does this power allow them to act as a referee?

A

Judicial review as it allows the court to interpret the constitution and declare laws or executive actions as unconstitutional and therefore illegal

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14
Q

Is judicial review mentioned in the constitution?

A

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

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15
Q

What contentious issues have ended up in the Supreme Court? Give case names

A
  • 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.

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16
Q

How does gridlock occur in congress as a result of the constitution?

A

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

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17
Q

Why is there differing rules on elections between states?

A

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

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18
Q

What state automatically mails voters ballots?

A

Utah

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19
Q

What aspect of voting has there been particular controversy over lately?

A

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

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20
Q

What are the two main principles of the us constitution?

A

Separation of powers
Checks and balances

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21
Q

What is the separation of powers?

A

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)

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22
Q

What are the positives and negatives of the separation of powers?

A

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

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23
Q

How do Checks and balances work?

A

Every branch of government is limited and constrained by others

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24
Q

What are some presidential checks on congress?

A

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

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25
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
26
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
27
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
28
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
29
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
30
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
31
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
32
How many amendments were passsd soon after the constitution was originally ratified?
10 - this was the 1791 bill of rights
33
What do most of the amendments concern?
Individual rights and voting rights
34
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
35
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
36
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
37
What is the first amendment?
Guarantees freedom of speech, religion, press, assembly and petition
38
What is the second amendment?
Protects the right to keep and bear arms
39
What’s the third amendment?
Prohibits the forced quartering (living) of soldiers in private homes during peacetime
40
What’s the fourth amendment?
Protects against unreasonable search and seizure, requiring warrants based on probable cause
41
What’s the fifth amendment?
Provides rights in criminal cases including protection against double jeopardy, self incrimination and guarantees due process
42
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
43
What’s the seventh amendment?
Guarantees the right to a jury trial in civil cases involving claims exceeding a certain monetary threshold
44
What’s the eight amendments?
Prohibits excessive bail, fines and cruel and unusual punishment
45
What’s the 9th amendment?
States that the enumeration of certain rights in the constitution does not deny others retained by the people
46
What’s the tenth amendment?
Reserves powers not delegated to the federal government to the states or people
47
What’s the 13th amendment?
Abolished slavery
48
What’s the 14th amendment?
Gave citizenship rights to formerly enslaved people and included the equal protection and due process clause
49
What’s the 17th amendment?
Introduced direct election to the senate
50
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
51
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
52
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.
53
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
54
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.
55
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.
56
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
57
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
58
What is federalism?
A system of government where bodies such as states or provinces share power with national government
59
What are reserved powers?
Powers that are reserved for states to legislate on individually as laid out in the 10th amendment
60
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.
61
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
62
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
63
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
64
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
65
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
66
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
67
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
68
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
69
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
70
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
71
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
72
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
73
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
74
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
75
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
76
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
77
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
78
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
79
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
80
How is sovereignty different between the two countries?
The UK has parliamentary sovereignty whereas the US has constitutional sovereignty
81
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
82
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.
83
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
84
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.
85
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
86
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
87
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
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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
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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
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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.
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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
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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
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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.
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How long and where do house of representatives members serve?
They serve 2 years and one of 435 congressional districts
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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
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What are the three roles of congress?
Passing legislation Representing the people Overseeing the executive
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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
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What is a standing committee?
A group of members of congress who are experts in the subject area to which the bill relates.
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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.
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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.
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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.
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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
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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
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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.
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what is cloture?
The process for ending a filibuster - a 3/5 majority is required to end a filibuster of a bill.
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What is a caucus?
A group of members of congress who work together to achieve similar legislative aims
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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
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What is the most high profile leadership position in congress?
The speaker of the House of Representatives
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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
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What do the majority and minority leaders do?
Act as floor leaders in both cambered coordinating their parties for votes and debates and the majority leader plans the legislative agenda
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Why does the majority leader have an advantage?
They plan the legislative agenda meaning they can prioritise their parties bills however they do have to follow the speakers agenda
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How is the speaker elected?
All members of the house can vote for a member of he majority party
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What does the speaker do?
Presides over debates and keeps order in the house as well as determining the legislative agenda and choosing members of conference and select committees
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What happens if the speaker is from a different party to the executive?
He or she provided the main focus for opposition to the president
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Is party discipline strong or weak in the US?
Traditionally weak as the ability of party whips and leaders to influence their membership is limited
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What does the separation of powers prevent party leaders from doing? (To incentivise)
Offering government positions in exchange for support
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What is partisanship?
A situation in which the political parties are strongly opposed to each other and have little common ground. It usually results in parties refusing to work together or compromise.
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When is party discipline particularly important?
When a party doesn’t have a significant majority
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Is congress becoming more or less partisan?
More In the 1980s many members were centrist with considerable overlap between parties In recent years they have begun to move away from each other and there are fewer centrist politicians
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What is bipartisanship?
A situation in which republicans and democrats work together to acheive a common goal eg passing legislation
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What is a party unity vote?
A vote in which the majority of voting republicans oppose the majority of voting democrats
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Why has bipartisanship become less common and party unity votes more common?
There is much more *polarisation* meaning gridlock is much more common
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What is an example of a bipartisan vote?
The first step act of 2018 which helped to reform the criminal justice system CARES of 2020 was also unanimous (96-0)
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Why has polarisation become more common? (Districts)
The reduced number of competitive electoral districts, partly because of gerrymandering electoral boundaries
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What is a standing committee? (Features, functions and significance)
Permanent Focused on a specific policy area Much of the work is done in sub committees Parties are represented in the same proportions as the house or senate so the majority has the majority here too Committee stage of passing a bill - hearings, witnesses and votes Investigations and oversight focused on the committees policy area Considering presidential appointments and recommending to the senate wether to confirm or not Hearings are often high profile and attract media attention Long term members become experts Committee chairs are influential Standing committees allow congress to manage efficiently the wide range of issues it needs to legislate on and investigate Provides oversight of the executive branch
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What is a select committee? (Features, functions and significance)
Most are temporary Generally made up of members from one house Usually investigate specific questions > Capitol Hill riots were investigated in 2021 Prevent the relevant standing committee from being overloaded Provide focused scrutiny Hold high profile and detailed hearings in the public interest Can be controversial and partisan > capitol riots committee was boycotted by a lot of republicans after the speaker would not allow certain individuals on it
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What is the house rules committee?
A standing committee in the House of Representatives 13 members Favours the majority in a 2:1 ratio Sets the rules for bills determining how much time they will be given on the floor of the house as well as if amendments will be allowed Closed rules do not allow suggested amendments to the bill The means by which the speaker controls what is debated on the floor of the house The chair of the house rules committee is a very important position Determines what is discussed, for how long, when and, in what way > in the 115th congress (2017-19) 56% of bills were debated under closed rules which was the highest percentage ever The house can force a bill to be debated if an absolute majority if members sign a discharge petition
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What is a conference committee?
Temporary - exist only for a specific bill Members come from both houses to sit on one conmittee Consider two different versions of the same bill (one already passed by the senate, one passed by the house) and merge them into one bill known as the conference report The final version of the bill is sent back to both houses for approval Can play an important role in developing legislation Either or both houses can vote against the final combined bill Party leaders increasingly prevent bills from going to conference committee by asking members in one chamber to adopt the other chambers bill > only 3 reports were written by the 116th congress (2019-21) whereas the 104th (1996-97) wrote 67
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What is the committee system?
A system of different types of committees used by congress to divide up its workload. Includes standing committees, select committees, the house rules committee and conference committees
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What is the delegate model?
Representatives vote according to their constituents wishes, ignoring their own judgements of it conflicts with the will of their constituents
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What is the trustee model?
Representatives should vote according to their best judgement not their constituents wishes. This assumes that the representatives are better placed to make decisions than constituents as they have a better understanding of the issue
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How do members of congress fulfill their representative function?
Communicating with their constituents through town hall meetings etc Debating amending and voting on legislation Sitting on relevant committees Lobbying the government for funds or policies Using their congressional offices and staff to help constituents with problems especially those involving a federal agency
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What is constituency case work?
Using their congressional offices and staff to help constituents with problems especially those involving a federal agency
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What is pork barrel politics?
Representatives lobbying the government for funds or policies that would benefit their constituents especially if they are unnecessary
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What is the return rate for incumbent congressional candidates?
Over 90% Rhis suggests that constituents approve of the work done by their representatives although congress does have low approval ratings historically
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Where do the house and senate have joint powers?
in the following key areas: - legislation - oversight - overriding a presidential veto - initiating amendments to the constitution - declaring war
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What are some exclusive powers of the house and senate?
House: Money bills Recommend impeachment 2 year terms 335 more congressmen than senators so there’s more competition for jobs Congressmen may aim to be elected to be elected to the senate but usually not the other way around Senate: Sole power to confirm appointments Sole power to ratify treaties negotiated by the president Senate can amend money bills in order to pass financial legislation both chambers need to agree The senate has sole power to try all impeachments 6 year terms Higher public profile as only 2 per state Good leadership opportunities Can be a route to presidency
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What relationship does congress have with the executive?
- regular meetings - lobbying - cabinet ministers and key figures in the presidents administration will also reach out to congress regarding key votes - administration may call in favours and make deals to secure votes needed - executive may subtly modify its legislation to win the support of members of congress - executive is likely to lobby members of both parties
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What is congresses relationship to the Supreme Court?
- can rule acts of congress are unconstitutional and therefore not law > 1996 defence of marriage act gave states the right to refuse to recognise same sex marriage done in other states but was struck down by United States v Windsor (2013) and obergefell v hodges (2015) - theoretically congress could overturn the ruling of the court but only by passing a constitutional amendment which isn’t easy - senate plays a key role in the confirmation of justices - congress has the power to impeach and try Supreme Court justices
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What is the Supreme Court?
The highest court in the USA - the final court of appeal and is responsible for interpreting the constitution
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What is judicial review?
The power of the Supreme Court to decide wether a law or action is unconstitutional
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What are justices?
Judges who sit on the Supreme Court There are 9 of them and they have life tenure
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Who is chief justice?
John roberts since 2005
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Who are justices appointed and confirmed by? What is their tenure?
Appointed by president confirmed by senate They have life tenure unless they retire or are impeached
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What kind of cases do the Supreme Court hear?
Cases of constitutional importance
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Where do Supreme Court cases come from?
Cases are appealed from the US district courts to the US courts of appeals and then to the Supreme Court
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What is the process of appointing Supreme Court judges?
- vacancy opens - president considers possible nominations with suggestions made by advisers, party and legal experts > most candidates come from the federal courts of appeal and presidents need to be confident that their candidate will attract support - candidates are short listed and background checked - a final few are interviewed by the president - the presidents choice is formally announced resulting in massive media attention - nominee appears before the senate judiciary committee and witness help the committee asses the nominations suitability - senate judiciary committee votes on candidate and recommends to senate - senate debates and votes on the nominee (simple majority required for confirmation) > defeat at this stage is rare
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What are the strengths and weaknesses of the Supreme Court judges appointment and confirmation process?
Strengths: Detailed scrutiny of every nominee Several opportunities for unsuitable candidates to be withdrawn Senate judiciary committee undertakes detailed scrutiny of the candidates Senate confirmation provides a check of power on the president Attempts by the presidents to pick justices who share their ideology are not always successful as judges are completely independent when appointed > republican president bush appointed David Souter in 1990 but Souter became an unexpectedly liberal member of the court Weaknesses: Presidents usually nominate judges who support their politics The senate judiciary committee often appears political and questioning from the opposition is often aggressive or embarrassing Questioning from the presidents party is often gentle meaning effective scrutiny may not be carried out if the senate is held by that party Voting by the senate often takes place on party lines The politicisation of the process is often increased by pressure group campaigns Media interests in nominees can be instructive > republican senators refused to even consider merrick garland (obamas nominee) in 2016 as they argued he was too close to the end of his 2nd term. In the same situation they rushed to confirm Amy Coney Barrett when the same situation arose at the end of trumps term > republican senators changed the filibuster rules for nominations in 2017 meaning cloture can be invoked with a simple majority meaning nominees can easily be approved if the presidents party has a majority in the senate without the need for bipartisan support > ACB was the first Supreme Court justice to not receive an opposition vote in 150 years > when Brett Kavanaugh faced accusations of sexual assault during his confirmation process in 2018 he was publicly defended by Trump who ridiculed Kavanaughs accuser causing many to lose faith in the integrity of the court
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Who are the conservative justices on the court?
Roberts, Thomas, alito, gorsuch, kavanaugh and Barrett
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Who are the liberal justices on the court?
Sotomayor, Kagan and Jackson
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Who was the last swing vote on the court?
Justice Anthony Kennedy, who retired in 2018 was the last one ever since there has been a conservative majority
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How many black Americans have sat on the court?
Thurgood Marshall (1967-91) Clarence Thomas (1991-present) Kentaji brown Jackson (2022-present and the first black female)
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How many women are there on the court currently? Who was the first?
Sotomayor, kagan, Barrett and Jackson Sandra day o’Connor was the first appointed in 1981 Joined by Ruth bader Ginsburg in 1993
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Who is the first and only Hispanic on the court?
Sonia Sotomayor
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Why are efforts to make the court more representative controversial?
After Stephen Breyer retired in 2022 Biden announced he would appoint the first black woman > ted Cruz claimed this was racial discrimination
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Can the court hear cases with less than 9 justices?
Yes but if they can’t reach a judgement in the event of a tie then the lower courts decision stands
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What percentage of decisions in the 2020-21 period were unanimous or had one dissent?
Over 65%
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What does the power of judicial review allow the court to do?
- rule the actions of the executive branch unconstitutional - overturn laws if it finds them unconstitutional (these could be acts of Congress or state legislature)
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How could the Supreme Court be seen as the guardian of the constitution? (Considering their main role as interpreting the constitution)
The court makes its judgements based off of what the constitution means Supreme Court justices have different ideas about how it should be interpreted and make their decisions based on this
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What are strict constructionists and what do they believe?
The legal philosophy that the constitution should be interpreted strictly according to what it actually says - usually conservatives They are associated with originalists and follow the original meaning of the text according to the founding fathers
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What are loose constructionists and what do they believe?
The legal philosophy that the constitution should be interpreted loosely applying the general intentions of its framers to a modern context - usually liberals Many believe the constitution is a living document which should be interpreted to suit the changing needs of society over time, they tend to focus on context rather than the constitutions language when making judgements
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How does the Supreme Court act as a protector of citizens rights?
The Supreme Court protects civil rights and liberties The bill of rights if interpreted and protected by the court as are other amendments that confer rights on US citizens
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Give some examples of ways that the Supreme Court has interpreted the bill of rights?
First amendment: freedom of religion *Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of* > Burwell v hobby lobby (2014) struck down part of the ACA (2010) because it made family run businesses contribute to worker health insurance that could fund contraception First amendment: freedom of speech *Congress shall make no law… abridging the freedom of speech, or the press* Political donations are seen as an expression of free speech and have been protected by the court > in citizens united v FEC (2010) the court ruled that corporations and unions have the same rights as individuals to make donations to political parties and adverts Second amendment: gun control *a well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed* Liberals interpret this as a collective right to bear arms in a militia Conservatives interpret this as an individual right to bear arms > in DC v Heller (2008) the court confirmed that the amendment does confer an individual right to bear arms meaning any future attempt to ban gun ownership would therefore require an amendment to the constitution Eighth amendment: death penalty *excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted* The death penalty is legal in 27 states Supreme Court rulings have focused on interpreting what constitutes ‘cruel and unusual punishment’ > In Roper v Simmons (2005) the court ruled against the death penalty for crimes commited by a minor > In Baze v Rees (2008) the court ruled that lethal injection was not a ‘cruel and unusual punishment’ so can be used
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How could it be argued that judicial review is undemocratic?
It gives 9 unelected justices with life tenure enormous power over elected federal and state legislatures and executives
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How has the court intervened with federalism?
They have made judgements that have overturned state laws like bans on abortion
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Where has the court been criticised?
For making political decisions getting them the nickname of a quasi-legislative body and claims that they’re legislating from the beach
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What is stare decisis?
Means to stand by what is decided or to not overturn legal precedent
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Is the Supreme Court too political? Argue yes and no.
Yes: Unelected but makes decisions on the most controversial matters Justices are appointed by president and confirmed by senate in high politicised process Most justices reflect the political stance of who appointed them Justices can engage in judicial activism aiming to improve society by interpreting the constitution in a way that was not intended by framers Loose constructionists argue that the court has begun to act as an unelected third house of legislature Judgements can only be overturned by an amendment > in bush v gore (2000) the court ruled against a Florida recount which made bush president and was highly controversial No: Justices are independent and meant to be politically neutral > Donald trumps nominees Gorsuch and kavanaugh ruled against him in Trump v Vance (2020) Decisions are made based on legal argument More than 65% of decisions in 2020-21 were unanimous or had one dissent Some justices don’t reflect the principles of who appointed them > David Souter Some justices don’t consistently vote the same way > Anthony Kennedy was a swing vote Many justices practice judicial restraint If the court is to continue being relevant they must apply it to modern areas of public policy even if this is controversial Even a conservative majority can pass judgements that please liberals > bostock v Clayton county (2020) 6-3 decision that it was unnaceptable for employers to discriminate employees based on being gay or transgender Congress acts as a check on an overly political Supreme Court > following the 2020 contested election the court unanimously rejected a bid by Texas to throw out the results of 4 states that had voted for Biden
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What happened in brown v board of education of Topeka (1954)?
Black parents from Topeka complained that their children had been denied from their local all white school forcing them to travel miles They were supported by the National Association for the advancement of coloured people and represented by Thurgood Marshall who later became the first black Supreme Court justice The court ruled unanimously in favour of the parents finding that the separate but equal doctrine was a breach of the 14th amendment > this broke precedent as they had ruled in plessy v Ferguson (1896) that it was constitutional > decision ended more than half a decade of legal segregation but in the south it was seen as an attack on states rights
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What happened in obergefell v hodges (2015)?
This case also focused on the equal protection clause of the 14th amendment James obergefell argued that in refusing to recognise same sex marriage the state of Ohio was in breach of the 14th amendment The court ruled 5-4 in favour with the majority arguing that the right to marriage was a fundamental right > this legalised same sex marriage across the USA > loose constructionist approach > many saw this as an example of judicial activism and legislating from the bench as a huge change to law had been made by an unelected body
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What happened in Roe v wade (1973)?
Using the name Jane Roe a woman named Norma Mccorvey challenged the right of Texas law to prevent her from having an abortion The court ruled 7-2 that women did have the right to abortion in the early stages of pregnancy as part of the right to privacy clause in the 14th amendment This was a landmark case for the women’s movement Abortion became a defined political issue Again this was seen as an example of judges legislating from the bench
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What happened in planned parenthood v Casey (1992)?
The court upheld the *right of states* to regulate abortion in the early stages of pregnancy provided that this regulation was not an undue burden on a woman seeking abortion > courts conservative majority hoped that this would lead to roe v wade being overturned The court practiced *stare decisis* by protecting the right to abortion defined in roe v wade Gave states more power to regulate abortion
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What happened in whole women’s health v hellerstedt (2016)?
The court ruled 5-3 that restrictions placed on abortion clinics by Texas state law were unconstitutional as they placed an undue burden on women > significant setback for the conservative strategy of using legislation to reduce access to abortions > justice Anthony Kennedy provided crucial swing vote
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What are some of the similarities between the UK and US supreme courts?
US first met in 1790, UK in 2009 US justices are chosen by president and confirmed by senate, UK are chosen by an independent selection committee which receives much less media scrutiny There is no requirements to be a US Supreme Court judge, the UK requires justices to have been a senior judge for 2 years or senior courts lawyer for 15 Higher proportion of women in the US (4/9 v 1/10), there are also no ethnic minorities on the UK court US justices have life tenure, UK must retire by 70 Loose constructionism and the idea of a living constitution don’t apply in the UK Both enjoy security of tenure Some justices in the US practise judicial restraint (*stare decisis*) which is closer to the approach taken in the UK all candidates in both are scrutinised in detail
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What impact do both the supreme courts have? (Similarities and differences)
Both have made controversial rulings Both have ruled against laws passed by the legislature The US has a bigger impact as it can strike down laws whereas in the UK parliament is sovereign The UK Supreme Court can ask parliament to pass retrospective legislation to legalise its actions after the court has ruled against it The US Supreme Court has made dramatic decisions that have dramatically impacted public policy whereas the UK hasn’t becasue parliamentary sovereignty prevents them from legislating from the bench Federalism’s in the US and devolution in the UK have both been affected by the court
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Where do each of the courts (UK and US) get their powers from?
The US gets it from Article III of the constitution whereas the UK Supreme Court was created by an act of parliament The US power of judicial review comes from its own actions - Marbury v Madison (1803) The US Supreme Court is solely concerned with interpreting the word of the constitution - the UK does not have a codified constitution so it must consider - codified parts - constitutional conventions - common law (precedent)
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What is the extent of power of both of the courts (UK and US)?
Both are final courts of appeal (except ECHR) Both courts can use judicial review to consider the acts of government Both courts can rule against the actions of the government Parliament is sovereign so the UK court cannot strike down its laws whereas the US can the US can rule against laws or government actions that contravene the bill of rights whereas the UK court can only identify a law or action as being incompatible with the ECHR parliament can ignore the UK courts declaration of incompatibility or even withdraw from the ECHR altogether, US courts can only be overruled by a constitutional amendment US has a greater interpretive role and makes more landmark rulings, UK can only clarify the meaning of the constitution UK gig event can use their control of parliament to pass retrospective legislation
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What is judicial politicisation?
When judges are drawn into politics which compromises their ability to be neutral and act as guardians of the law this may occur because of their own judgements or because of criticisms from high profile sources It threatens judicial independence fence as it pressures judges to make certain judgements to avoid negative publicity
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How do justices retain independence in the US and UK?
They have life tenure in the US or tenure until 70 in the UK Both judiciaries are structurally and physically independent from the other two branches of govt Both judiciaries have made judgements against the ruling party > the UK defended the rights of parliament in the 2 miller cases (2017 and 19) > the US unanimously rejected legal challenges to the 2020 election results despite Trumps insistence it was rigged Uk judges are independently appointed and do not have clear political leanings US judges have voted against the interests of the politicians who appointed them > Gorsuch and Kavangaugh in Trump v Vance 2020 There is a large proportion of unanimous judgements in the US court implying their rulings are not purely based on political stance
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How could it be argued justices *are* politicised in the UK and US?
The US court usually has a majority to one party and consists mainly of political appointees Both have made controversial political rulings > Bush v Gore (2000) no Florida recount > the Daily Mail in the UK accused high court judges of being enemies of the people in 2016 when they ruled that the government needed parliaments consent to withdraw from the EU Increasing polarisation in both countries (esp the uk with brexit) have led to an increase in hostile criticisms > in 2017 UK chief justice said that social media pressure had put judges under intolerable pressure > Trump repeatedly attacked the US judiciary tweeting about ‘so called judges’ in 2017 and the ‘broken and unfair’ court system in 2018 Politicians in both countries have occasionally criticised the judiciary > Public criticism by politicians is concerning because it could affect judicial independence particularly if justices moderate their subsequent rulings to avoid criticism The US system of presidential appointment gives them the ability to lack the court with those with a similar ideology > Trump appointed 54 appeals court judges in his first 4 year term, one fewer than Obama in 2 terms > he also appointed more SCOTUS judges than any other president since the 1930s Boris Johnson speculated about introducing some political accountability over appointments similar to that in the US and his attorney general Suella braverman had previously criticised judges interpretation of the HRA and said parliament must retrieve power from the courts
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In terms of structural theory - what is the role of the UK and US constitutions?
A codified and entrenched constitution in the US has resulted in a more powerful and potentially activist judiciary than in the UK Parliamentary sovereignty in the UK results in a less powerful court as it cannot override parliament Similarities in tenure allow judicial independence The system of presidential judicial nominations leads to US justices being chosen for their political leaning while UK justices are independently appointed
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In terms of rational theory - what is the role of individuals in the UK and US judiciary?
There are individual differences between justices, their voting preference and their degree of politicisation Judicial activist justices are present in the US courts Politicians have a role in criticising the judiciary and attempting to influence it
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In terms of cultural theory - what is the role of shared ideas and culture?
Both courts exist in cultures that prize the rule of law and judicial independence There are competing cultures of judicial restraint and activism in the US judiciary which is not seen in the UK The US Supreme Court decisions contribute to the nations bigger culture war between liberals and conservatives whereas the UK court has a more limited interpretive role > judgments on Brexit saw it intervening in the most divisive issue in UK politics for a generation Populists in both countries have suggested that the judiciary is supporting the supposed will of the people > criticisms by UK politicians and media of liberal judges interpretations of the HRA can suggest a cultural difference between the judiciary and the people’s representation in parliament > Donald Trump tweeted his frustration following the US supreme courts rejection of the legal challenge to the 2020 election result *’the Supreme Court reallt let us down! No wisdom! No courage!’*
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What is populism?
A political approach that strives to appeal to ordinary people who feel that their concerns are disregarded by established elite groups. Populism is a range of political stances that emphasize the idea of the common 'people' and often position this group in opposition to a perceived 'elite'. It is frequently associated with anti-establishment and anti-political sentiment.
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What is judicial independence?
Judges are free of external influence and so can make decisions freely The idea that judges are free from external pressures, improper influence or interference when making their decisions They should therefore be able to make decisions based solely on the law
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What is judicial neutrality?
Judges are politically neutral when making decisions and rule purely on the law and not their personal opinions
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What are the key differences between the UK and US constitutions?
US is codified, UK is not US is sovereign, UK has parliamentary sovereignty Constitutional sovereignty in the US gives the US Supreme Court considerable political power as it interprets the constitution through judicial review The UK constitution is more flexible to amend requiring only an act of parliament whereas the US requires a formal constitutional amendment Federalism is embedded in the US constitution whereas devolution is not in the UK
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What are some key differences between the UK and US constitutions?
Both embrace the principles of representative government and democracy Both in reality have evolved and developed over time Each provides for an independent judiciary and some separation of power/institutions Each seeks to protect the individual rights of its citizens In neither is power found exclusively in central or federal government
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What are the sources of the US and UK constitution?
The US is a single codified document, the UK has several sources eg the 1689 Bill of rights, statute law such as the 1918 representation of the people act and common law. It is uncodified.
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How have each of the constitutions come about? (Been drawn up to resemble what they are today)
The US was drawn up at one time in 1787 and has since been formally amended 27 times The UK has evolved over centuries with some parts like the Magna carter going back to the Middle Ages
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How easy are each of the constitutions to amend?
The US is tough to formally amend the UK is easy via acts of parliament
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What is the structure of each country according to their constitution?
The US is a republic with an indirectly elected head of state. The president is highly active and politically partisan. The UK is a constitutional monarchy with an unelected head of state whose role is ceremonial not political
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Who is sovereign in each country?
The constitution is in the US and the Supreme Court has the ultimate power of interpretation: the constitution is what the judges say it is Parliament is sovereign in the UK and the constitution is what the Westminster parliament chooses it to be. this was reinforced by the 2019 court case concerning the prorogation of Parliament
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Are there many or few formal checks and balances in each country?
The US has a system of formal checks and balances meaning presidents can find it hard to push through legislation in congress causing frequent gridlock In the UK there are few formal checks and balances meaning prime ministers can dominate the legislature. This can lead to accusations of elective dictatorship especially when the government has a large commons majority
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Are powers separated or not in each country?
The US has a clear separation of powers and does not share personnel or powers > members of the executive cannot be part of the legislature The UK has more of a fusion of powers and the executive is drawn entirely from the legislature. However, since 2009 the judiciary has become institutionally separate.
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Are citizens rights entrenched or not in each country?
In the US many citizens rights are entrenched and inalienable and found mainly in the 1791 bill of rights. Comparatively in the UK citizens rights are mainly protected by parliamentary legislation eg the equality act of 2010 and also by common law
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Does the constitution of each country lay out a federal system or not?
The US makes clear provisions for sharing of powers between federal govt and the states in the constitution In the UK there is no express provision for federalism, favouring a unitary style of govt. Devolution has created a quasi federal model but in theory this could be reversed by legislation. Also devolution is asymmetrical and does not exist in England.
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How has the constitution of each country come about - has it evolved?
The US is essentially a compromise balancing the rights of small and large states in terms of congressional representation > the Connecticut compromise The uk has evolved and developed over centuries as Britain has transitioned from a traditional monarchy to parliamentary government in the late 17th century and finally to full democracy in the twentieth century
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How does the separation of powers differ in each countries constitution?
US: Fundamental principle with each branch outlined in separate articles and a tendency towards regarding power with suspicion and the desire to spread it out Federalism enhancing the separation and dilution of powers with power shared albeit unevenly in many areas of policy between federal and state govt. Uk: Not a fundamental principle and in part reflecting the monarchical system of power being concentrated in the hands of a few, not many Existence of the royal prerogative conveys considerable power to the prime minister such as the appointment and removal of ministers Less separation of institutions - the executive also sits in the legislature though the judiciary is completely separate Changes since 1997 have led to greater powers for regions and a less of power at Westminster but it is debatable how far this constitutes an inalienable transfer of power
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How are checks and balances outlined in each countries constitutions?
US: Fundamental with plenty of scope for one branch to check another Supreme Court can strike down executive actions or federal laws as unconstitutional > in 2020 rejecting trumps attempting to end the DACA immigration programme created by Obama Provides for biennial elections making congress more accountable and means voters can use mid terms as a verdict on presidential performance Congress cannot directly override a Supreme Court ruling without passing a constitutional amendment which is usually difficult to acheive UK: fewer formal checks and balances and main threats and limits to a prime ministers power come from the opposition > eg Margaret thatcher with poll tax or lack of a majority > eg Mays confidence and supply agreement with the DUP in 2017 Uk Supreme Court can declare laws and exec actions as incompatible with the HRA > the government denying civil partnerships to opposite sex couples The 2011 fixed term parliaments act means there should normally be a 5 year gap between elections but this can be easily bypassed as it was in 2017 and 19 and its repeal in 2022 shows how flexible the uk constitution can be The government can overturn a ruling that it has acted illegally (*ultra vires*) by passing fresh legislation which is usually straightforward
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How are federalism and devolution different?
Both seek to limit the power of central govt but the US model is arguably more successful and certainly better established Federalism is also embedded into the us constitution in a way that devolution is not
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What are some similarities between federalism and devolution?
Neither constitution originally embraced universal suffrage so democracy has evolved over time in the US via amendments > the 19th amendment enfranchised women and in the UK via statute law > in 1969 the voting age was lowered to 18 Both systems allow for many powers to be exercised and public services to be delivered at a state or regional level which include local tax, transportation and education Both enable local political traditions and trends to be reflected > hence why southern US states have stricter laws on abortion and laxer ones on display of firearms > Scotland has a more left wing bias in some policy areas like higher taxes for the wealthiest and a greater investment in public services Arguably the two systems are moving closer together as the UK has increased the power of devolved assemblies while the US has begun to encroach on some states powers like education
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What are some key differences between federalism and devolution?
Federalism embraces all of the USA; devolution exists only in a minority of the UK and not in England itself The US constitution from the start has envisaged a clear division and the separation of powers between federal and state government > 10th amendment Devolution in the UK is a much more recent development (1997) and entirely created by legislation > power delegated not permanently and inalienably transferred but unlikely to be revoked The power of states in the USA is considered greater > controversial areas like death penalty and abortion included
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How are the legislatures of the two countries similar?
Both legislatures are the supreme law making body and posses legislative supremacy > laws passed by states or devolved assemblies cannot conflict with those passed by congress or parliament Both also check and scrutinise the executive by committees, investigations and debates Each is bicameral They are dominated by political parties They contain members directly representing geographical areas
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What is legislative supremacy?
The laws passed in congress and parliament posses the ultimate authority. No other legislation such as state govern he or devolved assemblies can pass laws that directly contradict or conflict with the national legislature
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What are some differences between the us congress and uk parliament?
US: Federal law can be struck down by the courts as unconstitutional Both chambers are directly leased The chambers have equal legislative power There can be congressional gridlock if the two chambers fail to agree on a bill > this happens often as different parties may control each chamber The legislative is seperate and independent from the executive Scrutiny largely takes place in committees and members of the executive can be forced to give evidence in committee congressional hearings The legislature can remove only individual members of the executive by impeachment and not the whole body but such attempts are rarely successful Uk: Parliamentary statutes cannot be struck down by the courts although they can be deemed incompatible with the HRA only the commons is elected the lords is made up solely of appointed members (life peers, 92 hereditary and 26 bishops) The 1911 and 1949 Parliament acts ensure that the lords must ultimately abide by the will of the commons There is no possibility of gridlock between the two chambers. > the lords can suggest amendments which can be and often are overturned in the commons. Weak governments can however be defeated in commons votes The executive is found in the legislature and ministers are frequently and directly accountable to parliament > ministerial accountability and PMQs The whole executive can be removed if a no confidence motion passes in the commons > 1979
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What is a parliamentry statute?
A law passed by Parliament known as an act of Parliament
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What are the strengths and weaknesses of the US constitution?
It is difficult to amend formally is amended by judicial review and interpretative amendments > arguably gives too much power to an unelected Supreme Court Contains some wording that is vague and general > Enables an essentially 18th century document to evolve but this can lead to conflict Enables power to be shared and spread but this can mean gridlock is common and it is difficult to pass reforms > this is preferable to too much power being concentrated in one place
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What are the strengths and weaknesses of the UK constitution?
It is easy to change but this can lead to a constantly changing political landscape > Overall change has been evolutionary rather than revolutionary as with the development of devolution Does not have citizens rights entrenched > they are protected mostly by statute law which could be repealed but this is unlikely and in any case the UK has signed up to the ECHR gives the prime minister considerable power over parliament and can usually dominate the legislative agenda but this has led to accusations of presidential premierships > recent prime ministers like Cameron and May have not wielded such power due to small or non existent majorities
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How could it be argued that the constitutions are moving closer together?
The uk constitution is becoming increasingly codified > the ministerial code Devolution has made the UK quasi-federal while in the USA federal government exerts increasing influence over states in areas such as education The judiciary has had a more political role and higher profile in the UK, not least since the creation of the UK Supreme Court and the passage of the HRA in 1998 > the UKSC ruled in 2019 that boris Johnson’s extended prorogation of parliament was illegal Recent premierships with smaller majorities have been less imperial Arguably individual rights in the UK have become more embedded with the passage of measures such as the 1998 HRA
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In terms of structural theory - What are the roles of the two constitutions?
A codified US constitution makes it more difficult to formally amend than in the UK Parliamentary sovereignty in the UK results in a less powerful Supreme Court and legislature as the courts cannot override a prime minister in the same way as the US and the PM usually dominates the legislature The direct election in the USA of both congressional chambers and their equal legislative powers can lead to disagreements and gridlock which does not happen in the UK The the US constitution specifically provides for separate branches of government with enumerated powers that can overlap and conflict > foreign policy and military action
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In terms of rational theory - what is the roles of the two constitutions?
The constitutional limits on the formal power of the president mean that the president often has to use informal methods to exert authority > power to persuade and media Individual US Supreme Court judges are far more politicised than their UK counterparts and are traditionally labelled conservative or liberal which doesn’t tend to happen in the UK The federalist nature of the US constitution means that pressure groups are far more likely to lobby a range of institutions > state governments and bureaucracies Most lobbying in the UK focuses on Westminster and occasionally devolved assemblies The US constitution gives the president a direct mandate via the electoral college from the voters, in the UK the PM relies much more on the loyalty of their MPs > their democratic mandate is indirect and reliant on Parliamentry support as people vote for MPs not them Mid term elections tend to encourage presidents to pass key legislation in the first 2 years > Trump tax cuts and Biden infrastructure projects
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In terms of cultural theory - what are the roles of the two constitutions?
The codification and entrenched rights of the US constitution and the bill of rights reflects a clear desire by the founding fathers to limit the concentration of power and to preserve individual liberties The evolution and antiquity of the UK constitution means it still contains aspects of a more fuedal past > such as the House of Lords and royal assent The entrenched rights of the US makes medical keenly aware of their rights even if they may disagree with them in practice. In the UK there is a greater sense of leaving it to Parliament thought recourse to the courts to upholds rights perceived to be protected by the ECHR is increasingly common
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What is gerrymandering?
The deliberate manipulation of house district boundaries for political advantage > often leads to oddly shaped districts > often leads to a major distortion between popular vote and the number of house districts won > in North Carolina in 2016, the republicans won 53% of the popular vote but 77% of the house seats
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What is a majority system and what does it help with?
An electoral system where the candidate with the most votes overall wins the race > also known as first past the post > can help to explain 2 party dominance
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What are primaries and caucuses?
The methods used to select candidates for elected office Most prominent are presidential primaries and caucuses but they are also used to choose a candidate for congress Primaries involve a secret vote whereas caucuses are more informal gatherings that select delegates who in turn choose the candidate
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What are national nominating conventions?
Held by each party in the summer of the presidential election year to formally elect their presidential candidate > in recent times these have been more of a coronation and media opportunity
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What (in the US) is direct democracy?
In the USA this comprises ballot initiatives, recall elections and referendums. Different states have different arrangements and there is no provision for a nationwide referendum as in the UK. > Brexit 2016
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What is voting behaviour?
Why US citizens vote the way they do Many factors are also applicable to the UK such as wealth and age, but in the USA religion and race are especially significant
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What is abstention?
Low levels of turnout - America has a huge number of opportunities to vote but has considerably lower turnout than other western democracies > 2020 saw the largest turnout since 1960 with just over 66% of eligible voters participating
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What is incumbency?
The high levels of re-election usually enjoyed by existing senators and house members often enjoyed as a result of both gerrymandering incumbency advantage (eg name recognition and superior fundraising)
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When do elections for the president and congress take place?
President: every 4 years House: every 2 years Senate: 1/3 every 2 years
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What are mid terms and what does they show? What is the UK equivalent?
Congressional elections occurring between those for president - they help to show how popular a president is > in the UK it could be argued this function is served by local elections although these usually have very low turnout
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How is the election for president done?
Via the electoral college
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How does the electoral college work?
Each state plus Washington DC receives an allocation of electoral college votes (ECVs) equivalent to the size of its congressional delegation. Thus every state has a minimum of 3 ECVs (2 senators and at least 1 house member).
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How many ECV votes are there and how many are needed to win?
538 total, 270 to win
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Has the winner of the popular vote ever not won the electoral college?
Yes - last time in 2016 when HC won popular but Trump won EC
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Which state has the most ECVs?
California with 54
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What is special in terms of Washington DC and how it votes?
They have no voting members of congress but the 21st amendment gave it 3 ECVs
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What is special in terms of Washington DC and how it votes?
They have no voting members of congress but the 23rd amendment gave it 3 ECVs
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Which states award electoral college votes differently?
Maine and Nebraska both use the congressional district method rather than a winner takes all system based on popular vote. This means that their 2 senate ECV are awarded based on who wins the statewide popular vote. Then, the state is divided into congressional districts with each one having an electoral college vote. The candidate who wins the popular vote in a specific congressional district receives their electoral college vote.
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How are elections organised?
Each state can organise its own elections although their rules must comply with federal rules and the constitution. This means that there is some variation between states over voter ID laws, absentee voting, primaries and the use of direct democracy
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Main characteristics of US presidential and congressional campaigns: frequency
People often describe US politics as having constant campaigning due to the number and frequency of elections > nationally elections occur every 2 years and involve congressional seats, state governors, governor and other local offices including some judges
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Main characteristics of US presidential and congressional campaigns: focus
Us elections are dominated by personalities and candidates are largely responsible for their own funding and policy platform > much election advertising and publicity material does not mention the candidates party > all politics is local and many issues campaigned on focus on this such as federal funds for local infrastructure > increasingly and especially for presidential elections the focus is also on the party and its national platform and policies > there is a big impact on persuading people to get out and vote as natural or potential supporters who stay home can often cost an election
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Main characteristics of US presidential and congressional campaigns: format
Campaigns involve extensive and expensive use of both new and old media > the 3 (2 in 2020 bcs of Covid) televised TV debates between the presidential candidates remain the central features of the campaign. However, they are perhaps increasingly less influential nowadays as voters are more partisan and less willing to switch their votes > much of the campaign involves promoting a candidates character: regular religious practices, stable family background, a successful business record, and being an armed serviced veteran are among positive virtues
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what does the constitution lay out that often causes divided government?
Biennial elections to congress are set out in the constitution and often leads to divided government in the second half of a presidents term which can create a lame duck president which makes it harder for a president to pass legislation, encouraging them to do it in the first 2 years of their presidency
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What are attack ads and how are they used?
Short 30 second tv ads which directly attack a flaw in an opponent > often cover marital infidelities, corrupt business dealings, avoiding military service and being inattentive to voters wishes > these may come from inside the party during primaries
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What was the total cost of the 2020 election?
Around $14 billion
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What is the October suprise?
Unexpected events occurring late in the presidential campaign that may sway voters > these can be crucial in determining the winner > On October 28, 2016, just 11 days before the election, FBI Director James Comey announced that the bureau was reopening its investigation into Hillary Clinton’s use of a private email server during her time as Secretary of State. This was due to the discovery of additional emails on a laptop belonging to Anthony Weiner, the husband of Clinton’s aide Huma Abedin. The announcement reignited controversy around Clinton’s email practices and dominated media coverage during the critical final days of the campaign. Although the FBI ultimately reaffirmed that there was no criminal wrongdoing, the timing of the announcement likely damaged Clinton’s campaign. Some analysts believe it contributed to her loss to Donald Trump, who narrowly won key swing states.
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What is a primary?
A secret ballot to select each parties candidate. Now used in the vast majority of states including the biggest and most urbanised.
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What are the different types of primaries?
Open - voters can choose on the day which parties primary to vote in Closed - voters can only participate in the primary of the party they are registered with Non-partisan blanket / jungle (congressional only) - there are no party primaries, just a single vote to select the top two candidates who go forward to the general election
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What are some key examples of the different types of primaries?
New Hampshire - first primary of the season South Carolina - first in the south Alabama - open primary New York - closed primary California - non-partisan or jungle primary
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What is an example of the weakness of the national party leadership over candidate selection?
The election of Donald Trump in 2016 as republican candidate - he was an outsider candidate strongly opposed by many of the party establishment and won becasue of the support of ordinary republican voters who participated in primaries and caucuses
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What are some advantages of primaries?
Allows ordinary voters to choose their parties candidate Enables outsider candidate to prevail > Trump Preferable to smoke filled rooms where these decisions have traditionally been made Tests candidates capability to run for office (eg funding, media presence, policy grasp etc) Staggered length of primary campaigns allows a wide range of states to influence the outcome especially as larger states tend to vote later
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What are some disadvantages of primaries?
Adds to the overall cost and length of campaigns Increases the focus on candidates rather than on party or policies Can lack diversity > 2020 primaries produced 2 white males over 70 Open primaries can encourage voters to opt for the weakest candidate for the opposition party - *raiding* Jungle primaries can result in 2 candidates for the same party being elected > 2018 California senate was 2 democrats
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What’s a caucus?
An informal series of party meetings which ultimately select the delegates for the national nominating convention Voting is open not secret and each caucus can last several hours Used in a decreasing minority of states, mainly those more rural and less populated
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What’s a key example of a caucus?
Iowa - first of the season
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What are some key advantages of a caucus?
Enables more thorough discussion and debate amount party activists of candidates’ strengths and weaknesses No opportunity for raiding as there is in primaries
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What is raiding?
Open primaries allowing voters to vote for the weakest candidate of the opposition party
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What are some disadvantages of caucuses?
Length and time often discourages many voters from attending No secret ballot Attracts mainly strong party activists and ideologically extreme voters Technological issues > The 2020 Iowa democrat caucus suffered many problems including IT failures that delayed reporting of results for days
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What are national nominating conventions and what happens in them?
The conventions held nu each party after primaries and caucus elections in the summer before the presidential election in November They formally nominate the party’s candidate They often host celebrities and have extensive television coverage showing delegates weraing hats featuring party symbols of elephants and donkeys > meryl Streep democrat convention in 2016 They are often held in swing states > the 2020 republican convention was held in Charlotte, North Carolina and the democrats held theirs in Milwaukee Wisconsin The convention provides a chance for the candidate to put forward their vision/priorities and to energise the parties voters and excite them to vote in the fall They can be politically important to candidate selection if there is no clear winner from primaries leading to *brokered conventions*
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How is a sucessful national nominating conventions categorised?
A short term boost in poll ratings and greater momentum for the candidate: the ‘big mo’ > both Trump and Clinton received a short term boost in polls of around 4% after their respective conventions They also attract a lot of media attention which can help to get a candidates policy platform out
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What is the electoral colleges main function?
To elect the president
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What happens in the event of an EC tie?
The House of Representatives chooses the president and the senate, the vice president > this has not happened since 1824
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When has the electoral college been controversial?
It has delivered the wrong result twice in recent decades - 2000 and 2016 when it did not elect the candidate that won the popular vote
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What are some arguments against the electoral college?
Winner of the popular vote may not be elected president Smaller states are overrepresented > California has one vote per 712,000 people while Wyoming has one electoral vote per 195,000 people > favours republican states Drawn up by the founding fathers in a very different era politically when direct elections were viewed with suspicion > before mass communications and gender and race equality Encourages candidates to focus campaigning on so called swing states such as Pennsylvania Faithless electors > 7 in 2016 Depress turnout, especially in safe states as most states use winner takes all to choose their electors Polls suggest that the majority of Americans - 55-43% in a 2021 poll wanted to replace the system with a direct popular vote Discriminates **massively** against independents and third party candidates causing wasted votes
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What are faithless electors?
Individual members of congress who do not vote for the candidate to whom they are pledged > it usually takes the form of a protest vote > Colorado and some other states have brought in laws to require electors to cast their vote for the pledged candidate
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What are some arguments for the electoral college system?
Usually delivers a result that reflects the popular vote Reflects the federal nature of the USA and ensures candidates campaign in a variety of states not just the most populated No superior method has gained widespread support and all the alternatives have their own problems A nationwide popular vote would was candidates to focus on large urban areas Faithless electors have never affected the final outcome and they can be remedied by changing laws Laws can be passed to reward alfies proportionally in each state but would require a constitutional amendment Much of the support for reform comes from bad losers Might be better to prioritise other political reforms Produces a clear winner as the presidency cannot be shared out proportionally
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What general factors affect the outcome of US elections?
Money Media Incumbency Issues Leadership
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How does money affect the outcome of US elections?
As a general rule higher spending candidates often have a better chance of winning Incumbents traditionally outspend challengers > in the 2020 senate elections incumbents raised $28.6 million whereas challengers raised just under $5.3 million Money is spent on a whole range of campaigning activities including private polls and social media but the bulk of it is spent on tv adverts Money is no guarentee of success > Hillary Clinton raised and outspent Trump in 2016 and still lost however, Biden outspent Trump in 2020 and won A lot of the money spent on advertising is producing material that attacks other candidates > attack ads
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How does media affect the outcome of US elections?
The media both new and old plays an important role in US elections Candidates desire positive and frequent media attention Traditionally the three most televised presidential debates were seen as especially important - this is less true nowadays as fewer independent voters are willing to be swayed and more voters get their information and political news from social media and other internet sources The media are traditionally important in raising profiles and name recognition of candidates > in 2008 this was importantly with the little known Obama compared to well known mitt Romney > it was irrelevant in 2020 as both candidates were well known but for different reasons The media focus on the two main parties and their candidates and this is often cited as a reason why independents or third parties fare badly Increasingly candidates spend and concentrate on the new media > in 2020 it is estimated that Trump and Biden spent in excess of $175 million on Facebook ads Much of the broadcast media tends to already be politically aligned > Fox News is republican and MSNBC is democrat This limits the importance of the old media in changing political views > this does partially apply to new media like social media as algorithms mean people won’t see content they don’t agree with Few republicans are likely to follow leading democrats on twitter and vice versa > this again limits the ability of the media to change voting behaviour and reinforces polarisation and the echo chamber effect > it is perhaps more important today for reinforcing political allegiances and encouraging turnout
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How do issues affect the outcome of US elections?
Despite strong pre existing political partisanship, issues and policies shape the votes of many Americans above all independent or undecided voters Issues encompass a mixture of past achievements and failures cordially for incumbents and future policy pledges At different times, different issues will dominate > in 2004 a big priority was security and foreign policy in the wake of 9/11 The economy is normally very important too > former president bill clinton famously quoted ‘it’s the economy stupid’ > Key issues in 2020 including the handling of the pandemic, racial justice, Donald trumps record and personal style during his first term Candidates are normally keen to prioritise and get media coverage on issues about which they feel strongest and to downplay policy areas where they might appear vulnerable
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How does leadership affect the outcome of US elections?
Especially at a presidential level, leadership qualities play a big role in campaigns and voting outcomes > Much of this comes down to trust, perceived competency, and general likability Great emphasis is placed on integrity and ability to cope in a crisis The qualities expected are arguably somewhat contradictory and elusive to find in a single individual > presidents are expected to be calm and clear headed yet also consultative and display a sense of urgency Leadership is closely tied into candidates personalities and track records > past indiscretions such as marital affairs or business failures are often highlighted by opponents as rendering a candidate unworthy of the ‘highest office in the land’
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What is the significance of incumbency in determining the outcome of US elections?
Incumbents have an advantage in all US elections and enjoy high re-election rates > in 2020 86% of senators and 95% of house members were re-elected However, high re-election rates should not be taken as evidence for wider popular approval of the political institutions themselves. > you have to go back to 2003 to find congressional approval rates of over 50% Since 1945, only 4 US presidents have failed to be re-elected > ford in 1976, carter in 1980, George bush senior in 1992 and Trump in 2020 > by contrast 8 have been reflected most recently Obama in 2012 Incumbents tend to do better since they raise and spend more money, they have greater name recognition and they have established campaign teams and staff. They can also highlight past concrete achievements in office and voting records to electors There was also the issue of pork barrelling (getting federal money challenged into dubious but expensive local projects) House representatives can be helped by friendly gerrymandering though a hostile one can equally jeopardise re-election even for a long serving incumbent > Michigan republican ref Upton would have faced hostile democrat redistributing in 2022 and as a result, resigned
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Why is there a debate over campaign finance?
American elections of all types are becoming increasingly expensive. > the 2020 election saw presidential and congressional candidates spend around $14 billion
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What is independent expenditure?
Money raised for election campaigns that is not raised or controlled by the candidate themselves. In theory there must be so coordination between these funds soft money and the hard money raised by candidates
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Why is the cost of US elections so high?
Sheer number and frequency of elections More spending on primaries, state government elections and ballot initiatives Efforts to restrict campaign finance have been ineffective due to loopholes (noted below) > the 2002 bipartisan campaign reform act > The first amendment guarantees the right to free speech and this has been extended to a high level of freedom regarding the ability to raise and spend funds for election campaigns Supreme Court decisions have weakened laws passed by congress to curb excessive funding > citizens united v FEC (2010) allowed corporations, pressure groups and labour unions to raise and spend unlimited amounts in support of candidates >> soft money under independent expenditure There is no limit as there is in the UK on the number of political ads that can be broadcasted on television Large numbers of well funded pressure groups and indices spend and donate generously to secure their aims > the NRA and individuals like Michael Bloomberg >> most of this money comes from Super PACs as opposed to the individual themselves There’s an belief among candidates and parties that the more spent the more of an edge they have Some individuals and business groups give to a wide range of candidates and parties > in the 1990s and 2000s, Trump donated to both the democrats and republicans saying ‘I give to everybody. When they call I give… and do you know what? When I need something from them… I call them. They are there for me.’
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What is hard money?
Money raised and donated to official campaigns Subject to limits on the size and frequency of donations
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What is soft money?
Money raised and spent independently of the candidates official campaign but which supports their candidacy or is spent attacking their opponents Not subject to limits regarding how much is raised and spent
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Why should campaign finance be reformed in the USA?
Election expenditure has gotten out of control > in 2022 there was record spending The emphasis on funding distracts representatives from doing their real jobs of making laws and listening to constituents The cost of elections means only the wealthy and well connected can be successful making the system more elitist The supreme courts recent decisions have added to the problems - the issue needs to be tackled by a constitutional amendment Reforms are desperately needed to plug loopholes in the emergence of super PACs > there is too much influence from wealthy vested interests which raises the issue of corruption and buying votes in congress Matching funding has all but died out > in 2000 the Federal election commission (FEC) paid out nearly $240 million in matching funds, in 2020 none was as all candidates opted out
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Why shouldn’t campaign finance be reformed in the UK?
Allowing for inflation, less was spent in 2016 than in 2008 and 2012 Candidates still need to listen to a wide range of their voters and will often call ‘town hall’ meetings to hear their constituents views - the reason congress is so unproductive nowadays is due to hyper partisanship and not the distraction of funding Fundraising and political donations are part of the democratic process, they allow supporters to show additional loyalty to their favoured candidates and causes The Supreme Court merely upheld the crucial first amendment rights regarding freedom in political activity when striking down some campaign reform laws - it also upheld the bipartisan campaign reform act in 2003 Whatever reforms are passed the wealthy will likely find loopholes - ‘money, like water, will always find an outlet’ said Supreme Court justices Steven’s and O’Connor in 2004
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Why shouldn’t campaign finance be reformed in the UK?
Allowing for inflation, less was spent in 2016 than in 2008 and 2012 Candidates still need to listen to a wide range of their voters and will often call ‘town hall’ meetings to hear their constituents views - the reason congress is so unproductive nowadays is due to hyper partisanship and not the distraction of funding Fundraising and political donations are part of the democratic process, they allow supporters to show additional loyalty to their favoured candidates and causes The Supreme Court merely upheld the crucial first amendment rights regarding freedom in political activity when striking down some campaign reform laws - it also upheld the bipartisan campaign reform act in 2003 Whatever reforms are passed the wealthy will likely find loopholes - ‘money, like water, will always find an outlet’ said Supreme Court justices Steven’s and O’Connor in 2004
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what dies federal law having primacy mean?
Federal law having primacy means that federal laws take precedence over state or local laws when there is a conflict between the two. Also known as the Supremacy Clause.
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What are the 3 types of direct democracy in the US?
Ballot initiatives Recall elections Referendums
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Of the 3 types of direct democracy used in the US which is the most common?
Ballot initiatives > referendums are less commonly used as direct democracy only exists in the US at a state level
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Is direct democracy the same in every state?
No the laws vary considerably > California makes the most use of ballot initiatives > in 2020, 129 measures in 34 states at es we’re voted on but popularity is decreasing overall
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What are referendums?
Measures or laws drawn up by state legislatures and put to the people to accept or reject > they are a means of vetoing state laws or proposals
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Why are referendums necessary in some states?
Some states require certain measures like changes to state constitutions or state taxes to be approved by state legislatures and pop vote
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What’s an example of a referendum conducted in the US?
In 2020 there was a measure in California to replace cash hails with a risk assessment for detained criminal suspects awaiting trial > citizens voted to repeal the legislation
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What are legislative laboratories?
The process whereby a law trialled in one state then spread to other via ballot initiatives. This has been the case recently for legalising certain soft drugs
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What are initiatives and citizens propositions?
These measures are initiated by covers themselves with most states requiring a certain no. of signatures to get onto the ballot > in 2020 there was 43 of these voted on
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What are recall elections? How significant are they?
They allow voters to choose to remove a state level official like a governor before their term has expired Probably the least significant form of direct democracy as they are rarely used and are largely unsuccessful
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Why are recall elections rarely used?
They require a large no. Of signatures to be collected and petitions are often rejected by local courts on technical grounds
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Who was the last governor to lose a recall election?
Gray Davis to Arnold Schwarzenegger > California 2003
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What are the arguments that direct democracy helps democracy?
Allows voters to have a direct say Promoted variation between states with different ideologies Improves accountability of state level officials Adds another check and balance to state executives and legislators between elections Increases opportunity for political participation Pressure groups often get involved > in 2018 the ACLU campaigned against a BI to tighten abortion laws in Alabama
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What are the arguments that direct democracy hinders democracy?
Can lead to tyranny of the majority Ordinary voters may not understand complex laws fully Can lead to inconsistency between states Often a political tactic used by sore losers Adds another opportunity for stalling over important issues Adds to democratic overload Involvement of the wealthy and pressure groups give them disproportionate influence
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What factors affect voting behaviour? Which of these factors are more significant in the US?
Race and religion are much more significant in the US, as is the personality of the candidate Other factors influencing include Region geography age
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What are primacy factors?
Long term influences on voting behaviour eg race age and political alignment
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How does race as a primacy factor affect voting? Give an example
Black Americans vote democrat as well as Hispanics and Asian Americans but Trump made gains with Hispanics in 2016 > 92% of black voters voted democrat White voters overall support the republicans but by smaller margins. Biden did well with white voters, especially men compared to Clinton in 2016 > 55% of white voters voted from Trump
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How does gender as a primacy factor affect voting?
Women go dem, men go rep > 55% of women voted for Biden
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How does religion as a primacy factor affect voting?
White evangelical Christians strongly back the republicans and non religious voters strongly trend democrat > 84% of white evangelicals supported Trump > 71% of those with no religious affiliation voted for Biden
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How does wealth as a primacy factor affect voting?
Less difference than expected > Trump received 54% of the vote from those earning over $100,000 Pa
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How does age as a primacy factor affect voting?
Young people vote democrat > particularly true in 2020 though less for older voters > 59% or under 30s voted democrat
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How does education as a primacy factor affect voting?
Voters with a college degree are significantly more likely to vote democrat > 56% of those with uni degrees voted Biden
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How does sexual orientation as a primacy factor affect voting?
LGBTQ Americans tend to be democrat > 81% of those who identified as LGBTQ voted for Biden
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How does geography as a primacy factor affect voting?
Small town and suburban rural areas favour the republicans and large urban areas are usually democrat strongholds > Biden won 66% of the vote in urban areas
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What are recency factors?
Short term influences on voting behaviour such as issues and electoral campaigns
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How does issues and policies as a recency factors affect voting?
Trump emphasised national pride, an economy that had been growing until Covid 19 and a continued tough line on immigration Biden focused on trumps record in office and his handling of the pandemic and the divisions he exacerbated
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How does personality as a recency factors affect voting?
Trump emphasised the dangers of his opponents but struggled to present himself as the anti establishment candidate he had been in 2016
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How do October suprises as a recency factors affect voting?
The NYT published a story calming Trump had only paid $750 in taxes (2016) and was $400m in debt (in 2017) and then president thank contacted covid requiring hospitalisation Arguably the biggest suprise though came after the election when Trump refused to accept the result
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How does mood of the nation as a recency factors affect voting?
Deeply divided in 2020 and overwhelmed by the pandemic > many were unhappy with Trump for his confusing rhetoric and mishandling of the pandemic
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What is the republicans core voter base?
White evangelicals, older voters, social conservatives, gun owners, people in small towns and rural areas, those fearful of large scale immigration and suspicious of big government
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What is the democrats core voter base?
Ethnic minorities, younger voters, social liberals, LGBTQ voters, urban dwellers, blue collar unionised voters, supporters of causes like feminism and gun control
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With core voters, candidates and parties need to ensure that:
Policies have broad appeal Key groups turnout and vote > Bidens 2020 victory was largely attributed to high turnout Core voter coalitions are kept loyal by policy pledges designed specifically to appeal to them
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What are realigning elections?
Certain elections are seen as key turning points in voting behaviour and are known as realigning elections > they reflect long term shifts in voting behaviour and political allegiances
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What are some examples of realigning elections?
1968: Nixon v Humphrey > rep had moved far right and dems had become more progressive and concerned with civil rights > Nixon ran as a champion of the silent majority who rejected radicalism and focused on law and order and trad values > this was the first use of the southern strategy to appeal to disaffected white Americans in the south alienated by the passage of civil rights legislation > it permanently disrupted the democrats and left them abandoned by the solid south 2016: Trump and Clinton > political outsider prevailing over someone with extensive experience > victory for populism over mainstream > many loyal democrats in blue collar rust belt seats swung rep > revealed the growing gap between urban and multi ethnic America with white small towns America > the main change in voting was with less well educated white voters in the upper Midwest
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What is split ticket voting?
The ability to vote for candidates from different parties for different elected posts in the same election > in 2016 voting from Trump as president but voting for a democrat for house or senate
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What is hyper partisanship
Political parties in fierce disagreement with each other and largely voting the same way in congress which has become a rotating feature of US politics since the 1980s
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Why has split ticket voting become less common?
Growth of hyper partisanship
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Why might a voter choose to split their ticket?
Personality of the candidates Desire to balance the power between parties Different issues dominating different levels of elections
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What is abstention?
Voters not turning out > America has high levels and of this but the 2020 election saw record turnout
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What is differential abstention?
Explaining why turnout is traditionally lower among certain groups
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What sorts of elections is turnout traditionally low for?
Primaries > under 30% > 2.6% in the 2020 North Dakota presidential primary
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What groups are more likely to vote?
Wealthy Americans and black people > 66.6% of black people in 2012
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What groups are less likely to vote?
Hispanic Americans > 47.6% in 2016
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Are men or women more likely to vote? What about older or younger?
Women and older people The age gap in voter turnout is narrowing: in 2020 the 18-30 group rise by 8% compared to a 4% rise in over 70s
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What are some reasons for low turnout?
Democratic overload Lack of choice because of two party system Political alienation Voter registration requirements Voter ID laws Wasted votes due to non competitive races Gerrymandering Felons Attack ads and too much campaigning
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What is political alienation?
Some groups especially poorer and younger voters feeling as though politicians do not listen to them
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What is political efficacy?
The sense that one’s vote actually makes a difference and isn’t wasted
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Which two parties dominate the US?
The republicans and the democrats
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Why are parties called big tent?
They are broadly based and diverse
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How has parties big tent nature changed over the last 20 years?
They have become narrower and more ideological making them more ideological and increasingly distinct from each other
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Which parties are more centralised UK or US?
UK - US is much less and local state parties remain very important > primaries also weaken the power of national parties
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What ideological values do the republicans and democrats share?
A strong attachment to capitalism and the free market Commitment to a republican system of government A preference for fptp A belief that America should remain a superpower
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Are UK or US parties more ideological?
US are less
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What are the key differences in values between the two main US parties?
Republican *stronger emphasis on individual freedom and self help Individual liberty Suspicious of vaccinations Belief that faith especially Christianity should be prevalent Clear commitment to gun rights Keen on small govt and low taxes* Democrat *greater acceptance of govt help for the poorest Retaining capitalist Collective duty and public health (covid related) Oppose anti vax Separation of church and state Rights of minorities More supportive of larger and active federal govt*
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What policy do the republicans have on taxes?
Keep low and support cutting the takes of the wealthy as a way of generating jobs and stimulating growth
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What policy do the republicans have on gun control?
Reluctant to introduce or support gun control laws > strong ties to the NRA
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What policy do the republicans have on LGBT rights?
Hostile
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What policy do the republicans have on healthcare?
Oppose the extension of publicly funded and managed healthcare > opposed Obamacare and largely see healthcare as an individual responsibility for working people
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What policy do the republicans have on immigration?
Keen to restrict it especially from Mexico and Latin America
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What policy do the republicans have on abortion?
Pro life > George w bush signed the partial birth abortion after
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What policy do the republicans have on climate change?
Strong commitment to fossil fuels found in the USA citing energy security > skeptical of climate change and global warming
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What policy do the democrats have on taxes?
Want to put some more money in the pockets of ordinary Americans by taxing them less and the ultra wealthy more
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What policy do the democrats have on gun control?
More supportive of gun control measures like tighter background checks > Clinton supported the assault weapon ban passed in 1994s renewal in 2004 but it failed
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What policy do the democrats have on LGBTQ rights?
Supportive and represents a social liberal approach > Biden reversed a Trump era ban on transgender Americans serving in the armed forces
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What policy do the democrats have on healthcare?
Support greater state healthcare Obama and the ACA was seen as a major step towards reducing the no. Of Americans without health care
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What policy do the democrats have on immigration?
Favour immigration reform and particularly making citizenship possible for many existing illegal immigrants such as dreamers
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What are dreamers
Those brought to the US illegally as children
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What policy do the democrats have on abortion
Increasingly pro choice > 63 democrats did back the 2003 partial birth abortion act
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What policy do the democrats have on climate change?
Strong commitment to alternative energy sources like wind power and tough environmental laws
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What does neo con mean?
Stands for Neo conservative > an approach to foreign policy involving an interventionist military approach in tackling global terrorism and America’s overseas enemies > most associated with George W Bush and his VP dick Cheney
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How have both parties changed since the 1960s specifically in relation to them becoming more polarised?
Democrats came out in Support for civil rights in the 60s, alienating many conservative white southern voters who the republicans then targeted Republicans became very conservative under Reagan and were more associated with tax cutes and hawkish neo con foreign policy Culture wars Polarisation post 1980s after fears of parties being in decline in the 70s
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What’s some evidence for polarisation (legislation)
Not one republican senator voted for the ACA in 2010 Not a single democrat senator voted for trumps tax cuts bill in 2017
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What’s some evidence for polarisation (supreme court)
In 2020 ACB was nominated with all but one republican votes and no democrat Kentaji brown Jackson only secured the support of 3 republican senators in her April 2022 confirmation vote > in comparison in 1993 RBG was confirmed 96-3
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What evidence is there for party decline?
The growth in split ticket voting until the 1980s Rise of primaries to reduce the control of the party machine in candidate selection Party leaders in congress and even presidents struggling to persuade legislators to toe the line Growth of candidate centred campaigning; parties rarely mentioned in ads The rise of pressure groups as an alternative for participation
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What evidence is there for party renewal?
The decline in split ticket voting in recent years Growing party unity and partisanship in senate and congressional votes Emergence of more coherent policy platforms Strong influence of many pressure groups on particular parties
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What are two key factions within the Republican Party?
Freedom caucus (very conservative especially fiscally) Tuesday group (an informal group of around 50 more moderate republican congressman)
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What are two factions within the Democratic Party?
Blue dogs (fiscally conservative) Congressional progressives caucus (the most progressive and left leaning grouping among democrats)
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Why are party factions important?
Especially when the party is in power they can make it much harder for the leadership to get a measure through congress They reflect diversity and big tent parties Often highlight political traditions of Americas regions > conservative democrats from the Midwest (Kristen sinema) The fluctuating fortunes of various factors can reflect the overall direction of the party (blue dog numbers have decline significantly in recent years)
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Why is party organisation important in the US?
More decentralised and loosely organised 100 party rather than 2 party Little part in candidate selection No official leaders Chairs of national bodies like the DNC but not high profile
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What are hill committees?
Bodies that work for the election of more republican and democrats to the house and senate > the national republican congressional committee being an example
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What’s an example of a republican historical unified party platform?
Contract with America > Reforms: • Require laws that apply to the public to also apply to Congress • Audit Congress for waste and inefficiency • Limit the terms of committee chairs Proposed Legislation: 1. Balanced Budget Amendment 2. Tax cuts for families and businesses 3. Welfare reform 4. Anti-crime legislation 5. Term limits for Congress 6. Defense strengthening 7. Legal reform (e.g., limiting lawsuits) 8. Regulatory reform
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What’s an example of a democratic historical unified party platform?
Build back better in 2020 > launched to focus on the creation of millions of better paid jobs and advance racial equality as part of a programme to rebuild the US economy after the covid 19 pandemic
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What established third parties are there in the US?
The greens and the libertarians > however in the 117th congress there were no independents or third parties represented in the house but 2 in the senate which were both aligned to the democrats
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Who was the last independent to win EC votes?
George Wallace in 1968
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Why do third parties and independents do poorly in US elections?
Majoritarian system Lack of media coverage Big tent nature of two main parties Primary system enabling voters to have a wide choice of candidates Cost of US election Perceptions of being extremist and inexperienced Voters willingness to go for the lesser of two evils Strict ballot access laws
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What are ballot access laws
Each state has different requirements for candidates and parties to get their name onto the election ballot in the first place This often involves getting thousands of signatures
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Why are third parties and independents still significant
Indirectly can determine the outcome of elections > one independent gained more votes than the margin bush won by in 2000 If their policies are seen as being popular they may be co opted by main parties
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Comparative - UK and US: majoritarian electoral system
Both nations use a majoritarian system The UK uses other systems like AMS for devolved bodies
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Comparative - UK and US: two party dominance
Prevalent in both countries but more so in the US, although the UK system is not proportional > in 2024 reform won 14.6% of votes and only 5 seats > the democrats won 50.8% of the vote and 51% of seats
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Comparative - UK and US: regularity of elections
Both have fixed term elections but the UKs can be called at any time before the end of a 5 year term Elections for congress are staggered with only 1/3 of the senate up for election at any time
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Comparative - UK and US: direct democracy
Both use referendums but they’re not used nationally in the US and direct democracy is state based Direct democracy is only used in the UK for major constitutional issues like EU membership or devolution, not for social issues
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Comparative - UK and US: focus of election campaigns
Election campaigns in both countries often focus on the short comings of opponents > crooked Hillary in 2016 More harsh and vitriolic in the US due to attack ads aired on TV US campaigns tend to be more candidate than party focused, UK elections are more about competing promises and pledges in party manifestos TV debates in the UK are also much more recent and less important > in 2017 May declined to participate which could be unthinkable in the US
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Comparative - UK and US: two party system Similarities
Both parties contain a range and views and could be described as internal coalitions > often ideological differences > one nation tories and republicans associated with conspiracy theories like QAnon Each of the parties is ideologically distinct Both parties have internal revolts and rebellions > democrat members who voted against Obamacare and conservatives who rebelled against mays brexit deal Two parties now represent largely contrasting policies and voting blocs Both parties are strongly in favour of retaining the current voting system
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Comparative - UK and US: two party system Differences
Issues in the UK in the conservatives have mainly been remain and leave In the US the republicans have clashed over gun control, immigration and trade The Conservative Party is more socially progressive than the republicans on issues like abortion and same sex marriage Conservatives also support the nhs The democrats are more moderate than Labour > British parties have long been more ideologically distinct than in the US party unity in the legislature is low in the US compared to the UK the dominance of the central or national party is much weaker in the US due to the size and diversity of the country In some elections for devolved governments other voting systems like AMS are used
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Why are third parties more successful in the UK? (But not independents)
Independents have been more prominent in the US than the the UK, perhaps due to to the emphasis that j candidates personality and character and opportunity for self funding in elections Less opportunity for third parties to receive media attention in the US Handicapped by ballot laws in the US The most successful independents in the US are often rich personally (Ross Perot) or have a strong regional base Third parties in the US are often characterised are extremist whereas in the UK the most prominent third party is centrist
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How can the differences between UK and US party systems be explained?
The UK has a range of electoral systems > offer more opportunities for third parties The primary system in the US allows wider choice within the two dominant parties > intra party elections enable another level of voter choice within what are still big tent parties There is no national tradition of strong regional parties in the US unlike the nationalist parties of the UK The cost of US elections makes it hard for new parties to emerge as few individuals want to invest in an untried party
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What is the debate over party finance in the US and UK? What similar arguments are made?
Similar: Too much money comes from a small group of wealthy individuals and interest groups Those who donate are looking for favours in return > cash for honours scandal > protection of corporate interests Fears of politicians for hire Democracy being sacrificed for donations If and how far the state should fund parties Both countries want public and transparent donations
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What is the debate over party finance in the US? Where do countries differ?
Additional concerns in the US of the escalating costs of elections > $14 billion in 2020 > compared to the tightly regulated laws in the UK where the total donations in 2019 was £21 million Undermining of campaign finance reforms by the Supreme Court > citizens united and speech now > wrong interpretation of the first amendment The decline and virtual extinction of matching funding
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What are the main differences in campaign finance between the USA and the UK
Campaign finance rules are much more slack in the US compared to the UK > bipartisan campaign reform act in the US has been weakened by court judgements and wealthy interest groups finding loopholes > the UK counterpart the political parties, elections and referendums act (PPERA) has not been challenged on nearly the same scale Campaign spending by both parties and candidates is more tightly regulated in the UK > this applies equally to referendums > the 2016 EU referendum was limited to £7 million of spending on each side Pressure groups spend large amounts on US elections via PACs and Super PACS > this is much more regulated in the UK and most pressure groups apart from unions cannot give directly to political parties or run ads
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How can structural theory be used to analyse the role of political institutions?
US parties are more decentralised and weaker than the UK the greater range of views within the two main American political parties The role of the USSC in shaping rules around campaign finance and how the first amendment is seen to extend to protect rights to pressure groups and corporations > campaign finance laws in the UK by contrast are decided solely by Parliament
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How can rational theory be used to analyse the role of individuals in electoral and party systems?
The different types of voting systems used in the UK and the USA and how this affects voting behaviour and impacts on third parties and independents How the opportunity for ballot initiatives on the USA makes this a method and campaign focus for many pressure groups How and why many Individuals or groups which want to influence elections on the USA will donate to or will create PACS or super PACS
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How can cultural theory and the role of shared ideas and culture he used to analyse electoral and party systems?
The stronger traditions of third parties in the UK > liberal dems The longstanding involvement of US pressure groups in political campaigning and political funding The much bigger scale of expenditure on elections and campaigns in the USA > lax laws about political ads on TV
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What is political pluralism? How can this be applied specifically to the USA?
The representation of and participation by numerous interest groups competing and organised based on class, race, ethnic and cultural interests > in the USA freedom of political expression is guaranteed by the 1st amendment making pressure groups important Many pressure groups fave strong oppositions from groups campaigning for the same thing but in the opposite direction > NRA vs Everytown There is not a level playing field when it comes to influencing law makers and that certain groups have much more influence > elitist theory
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What is elitist theory?
The argument that rather than competing equally, some pressure groups especially those that are well funded and have close ties to politicians and government are more powerful than others > this is a key argument in criticising the view that pressure groups enhance democracy
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What are outside groups? What are their aims and methods?
Small less well funded and less well connected groups Often have anti establishment aims and seek radical change They may use direct action like matches, sit ins or violence > BLM
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What are insider groups? What are their methods and aims?
Well funded groups with strong ties to the political establishment and links with the main political parties Nay use lower profile methods to achieve their aims such as hiring lobbyists Many raise considerable funds for candidates or campaigns via PACs Some raise and spend money for candidates of just one party, others like the pro Israel group NORPAC will split money equally between candidates of both main parties
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What are causal groups? What are their aims and methods?
Also called promotional groups More altruistic in their aims and don’t seek policy that benefits their supporters but more things they see as being morally right (usually to benefit a specific cause) > eg PETA
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What are sectional groups? What are their aims and methods?
Also called interest groups Seek to defend the interests of their members Trade unions fall into this category > AARP - association of retired persons has 37 million members
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How could some groups be described as hybrids?
The NRA seeks to defend the cause of the right to bear arms under the second amendment and also represent the interests of gun owners
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What methods do pressure groups use?
Candidate endorsement Political campaigning Lobbying congress, state legislatures and federal agencies Lobbying the supreme court Direct action Boycotts
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How is candidate endorsement and political campaigning a method used by pressure groups?
Plenty of pressure groups in the US unlike in the UK will focus on securing the election of favourable candidates > PAC and Super PAC play a big role here > some issue score cards at election time to their members showing candidates voting records
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What is Emily’s list?
A pressure group that works for the selection and election of progressive pro choice women to congress > all the money distributed via the group goes to liberal, female democrat candidates
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How is lobbying congress, state legislatures and federal agencies a method used by pressure groups?
US pressure groups have more access points than their UK counterparts > this is one of pressure groups most effective methods and if often low profile Many large pressure groups have offices in Washington DC to supply specialist policy information to legislators Many lobbyists are former members of congress or former high ranking officials > this is controversial and referred to as the revolving door syndrome > on assuming office in 2017 trump issues an executive order requiring incoming members of his administration to state they would not engage in lobbying for 5 years after leaving public service > he revoked this order upon leaving office in 2021 Lobbying federal agencies like the EPA can be particularly effective > much of detailed regulations are drawn up by these agencies after congress passes a law meaning they often have the final say > the 2010 Dodd frank act which tightened up regulations on banking after the 2008 financial crisis only had 200 of 400 regulations drawn up by 2014 due to extensive lobbying by banks like JP Morgan
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What are access points?
The different levels of institutions and government decision making that pressure groups will target and lobby to gain influence
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What is K street
The street in Washington DC where many of the largest lobbying firms are based
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What is revolving door syndrome?
When former legislators or bureaucrats go from positions in the legislature of executive to lucrative jobs as lobbyists > one study found that 59% of former members of the 2017-19 congress went on to work for lobbyists, consulting firms, trade groups or business groups working to influence federal government activities
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How is lobbying the Supreme Court a method used by pressure groups?
Amicus curiae briefs > in 2015, 148 AC briefs were submitted during Obergefel V hodges This shows a big increase as only 23 were submitted during Roe v wade Pressure groups will often also lobby the senate during the nominations process for the Supreme Court > millions of $ were poured into campaigning for and against ACB nominate to the SC at the end of Trumps first term from groups like the Catholic vote
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What are amicus curiae briefs
Latin for friend of the courts > a written argument submitted to a court of law by a person or group that has an interest in the case being considered > pressure groups often try and use Amicus curiae briefs to influence the court and employ expert lawyers to write them
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How is direct action a method used by pressure groups?
Most commonly used by new or outsider groups to gain publicity and media attention > often takes the form of mass demonstrations but can also include strikes and sit ins > major tactic of the civil rights movement in the 50s and 60s Some direct action can result in riots and become associated with violence > 5 police officers were ambushed and killed during a BLM protest in Dallas in July 2016 The violent attack on the capitol in jan 2021 is a less common example of direct action > overall generally regarded as less effective than lobbying as long term publicity is hard to retain and can make the groups unpopular due to law breaking
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How is boycotts a method used by pressure groups?
Some civil rights campaigners like Rosa parks used them > 1955-56 Increasingly economic pressure is used by businesses and even celebrities to put pressure on law makers > after the parkland shootings in Florida in 2018 as well as ‘March for our lives’ and school walkouts, Walmart raised the minimum age to purchase fire arms and ammunition to 21 In 2021, Simon and schsuter dropped republican senator Josh hawkleys book contract over his role in trying to overturn the 2020 election results
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What factors affect the success of a pressure group?
Money Size of membership Status Strength of groups with opposing objectives Political climate (party in power) Public mood (support for gun control increases after a mass shooting) Links with legislators and bureaucrats Ability to organise at a grassroots level Endorsement from politicians and celebrities
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What is the incumbent advantage?
The benefits enjoyed by existing senators and house representatives such as better funding and greater name recognition
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What is a PAC?
A political action committee that raises and spends hard money contributions for the purpose of electing or defeating candidates > there are legal limits on how much a PAC can receive or donate to candidates and parties > they can give up to $5000 to a candidate per election cycle and up to $15,000 annually to a political party PAC can receive up to $5000 donations from individuals and other PAC as well as party committees per year > donations and donors must be formally recorded and the PAC must be registered with the FEC
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What’s an example of a pressure groups PAC?
The NRAs PAC is the political victory fund which spent just under $20 million in the 2020 election race
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What are Super PACs?
Emerged after the 2010 citizens united/speech now cases > granted the rights of political expression under the first amendment to corporations, labour groups and pressure groups It means they can effectively raise and spend unlimited amounts on elections Campaigning provided the expenditure is independent and uncoordinated with candidates official campaigns and political parties > in essence super PACs raise and spend soft money > Joe bidens SUPER PAC was priorities USA Action
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What argument is there that PAC and super PAC have too big of a role in US elections?
Increasingly significant on fundraising for elections and are a vital method of getting round campaign finance limits The vast amounts raised and spent by PAC and super PAC favour well connected and established candidates Rich donors wield too much power Legislators are in the pockets of wealthy and powerful individuals and groups PAC and super PAC undermine the role of political parties
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What argument is there that PAC and super PAC don’t have too big of a role in US elections?
Rich candidates can self fund like Trump > matching federal funds are available for candidates who self limit overall campaign expenditure Superior funding does not guarentee victory The right to make political donations is a fundamental right in a democracy Members of congress cannot be bought and can’t forget the views of voters as well as donors Party allegiance remains strong and party labels essential for successful candidates > most pressure groups align with their natural party anyhow
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What is the iron triangle?
The links between congress, interest groups and the bureaucracy Interest groups provide congress with electoral support and bureaucracy with congressional support via lobbying Congress provides interest groups with friendly legislation and the bureaucracy with funding and political support The bureaucracy provides interest groups with low regulation and special favours and Congress with policy execution
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How could it be argued US pressure groups are too powerful?
Potential for corruption and undue influence > revolving door effect Legislators are afraid of upsetting key pressure groups > fear of loss of funding: after sandy hook, republican senator pat toomey backed bipartisan legislation to tighten gun laws resulting in the NRA withdrawing endorsements and financial support and giving him a bad rating on scorecards leading up to the 2016 election Advice from pressure groups is one sided and can harm wider public interests Undermine and weaken political parties Not all groups and interests are equally powerful and well organised Can lead to accusations of influence being bought by the best funded groups and legislation being written by corporate groups (ALEC)
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How couldnt it be argued US pressure groups are too powerful?
Lobbyists are regulated to an extent > 2007 honest leadership and open government act Represent and reflect the vast array of groups beliefs and causes in the USA provide legislators and bureaucrats with useful techniques, information and advice while it comes to drawing up bills and regulations Many parties in the USA are already big tent and weak Enables participation outside elections Can increase levels of scrutiny of both Congress and the executive
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What is chequebook membership?
Those who join a pressure group primarily for the benefits provided and are less interested or active in political and lobbying campaigns
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How are UK and USA pressure groups similar?
Both countries have insurer, outsider, casual and sectional groups Use similar tactics Both have seen growth in membership in recent years Both provide another opportunity for political participation Some groups are more powerful than others Revolving door syndrome Some groups attract supporters in both countries like me too and BLM
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How are access points different in the UK and US?
Far more in the US due to Federalism SC and amicus curiae briefs Checks and balances and true seperation of powers Sheer number of elections incl primaries Less in the UK due to More unitary system of govt Power remaining centralised in Westminster Brexit UK courts having fewer power to influence
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How is involvement in election campaigns different in the US and UK?
First amendments rights and the Supreme Court allowed pressure groups to spend virtually unlimited amounts of money in election campaigns Key roles played by PACS and Super PACS Laxer laws about TV adverts and attack ads Tight laws on campaigning and expensive No direct equivalent to PAC and Super PAC Strict laws on political ads on TV charities can’t make political donations and trade unions need approval from members
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How is lobbying different in the UK and US?
More organised and commercialised in the US targets a wide range of institutions including the courts, state governments and Congress Targeting individual legislators is likely to be more sucessful as party ties are weaker > lobbying members of Congress via their voters can be very effective Very much focused on central govenent Lobbying parliament and individual MPs is less likely to be successful due to stronger party unity Trade unions have historically played a larger role > especially under Labour
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How could it be argued pressure groups are more sucessful in the USA?
Heavy involvement in election campaigns Many groups are extremely well funded and organised A large no of access points > federalism and separation of powers Lobbying and influence of the Supreme Court Influence of K street Weaker political parties and federal agencies with power to draw up important regulations Strong ties between pressure groups and the main parties
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How could it be argued pressure groups are more sucessful in the UK?
Strong ties between Labour and trade unions Existence of National and regional referendums provides important and additional opportunities for pressure group involvement
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What’s the difference between hard and soft money?
Hard money is tightly regulated and given directly to a candidate. Soft money isn't regulated as strictly and can be used for party-building activities.
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How can structural theory be used to look at pressure groups comparatively in the US and UK?
Access points and how they vary in number and importance Importance in the USA of the supreme court as a focus for lobbying The lobbying of EU bodies where many important regulations are drawn up
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How can rational theory be used to look at pressure groups comparatively in the US and UK?
The attraction in both countries for lobbying firms in recruiting former legislators and bureaucrats The focus in the US of targeting individual legislators compared with British MPs The preference in both countries for discreet lobbying over direct action as the strategy to gain positive policy outcome
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How can cultural theory be used to look at pressure groups comparatively in the US and UK?
The historic link in the UK between Labour and trade unions The tradition in the US of individual political expression under the first amendment The importance of direct action in both countries for more marginalised and minority oriented groups to gain publicity
415
How does the constitution protect civil rights?
Protects citizens from an overly powerful government Checks and balances limit the power of each branch The USSC was established in article 3 of the constitution giving citizens a court of final appeal if they feel their rights have been infringed Constitution is entrenched with a complex amenities process > prevents rights being worded by future governments
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How does the bill of rights protect civil rights?
The 10 amendments protect the civil liberties of US citizens from the actions of governments
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What’s the difference between civil rights and civil liberties?
Civil rights protect against discrimination, ensuring equal treatment under the law. Civil liberties, on the other hand, are basic freedoms guaranteed to individuals, like freedom of speech. Civil liberties are detailed in the bill of rights which is just really ducking unnecessary and confusing
418
How have subsequent amendment s to the constitution helped to protect civil rights and liberties in the USA?
When it was first ratified in 1791 the bill of rights only applied to free people, not the enslaved or women > the amendments helped to ensure all people were covered 13 - abolished slavery 19 - gave women the right to vote 24 - non tax paying Americans can vote The ERA was not ratified and so is not part of the constitution. However it is important to mention as it would have made it illegal to discriminate on the grounds of sex. It was passed by Congress in 1972 but failed to get the backing of 3/4 of state legislatures in the alotted time frame.
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How do landmark rulings of the Supreme Court help to protect rights and liberties?
Landmark rulings like brown v board help to change the rights Americans hold and extend them to more groups > brown v board of education 1954 struck down the doctrine of separate but equal which underpinned segregation
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What amendment covers the right of citizens to form pressure groups?
1st
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What general issues do liberal groups advocate for?
The rights of minorities and women
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What issues do conservative groups tend to campaign for?
The rights of the unborn child, gun rights and religious rights
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How do pressure groups promote and support rights?
Raise funds and pay for campaigns to influence the public , judiciary and legislature Fund trips to the SC (brown v board funded by NAACP) Public campaigning > organising rallies and marches, tv ads, social media and internet campaigns etc Lobbying Congress, state legislatures, and federal bureaucracy Legal campaigning like sponsoring legal cases and writing amicus curiae briefs
425
How was the NAACP promoted and supported rights?
USAs oldest civil rights pressure group with more than half a million members Used conventional methods in the 50s and 60s Funded brown v board Helped to plan the march on Washington which included the I have a dream speech Ran black voter registration Lobbied Congress to pass the civil rights acts of 57, 64 and 68 as well as the voting rights act of 65 Focused on economic equality, education, health and criminal justice Helped to mobilise black voters to elect the first female poc as VP
426
How has the NRA promoted and supported rights?
Has around 5 million members generating more than $100 million in membership fees Pa Spent $30 million on trumps 2016 campaign Has exceptional influence in the Republican Party > in 2018 only 6 republicans in Congress had not received NRA funding Used its influence in Congress to resist attempts to introduce gun control following tragedies like sandy hook in 2012 Legal and financial problems forced them to reduce election spending in 2020 Most Americans support structure gun laws, especially after a tragedy > this fell from 60% in 2019 to 53% in 2021
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How does the American civil liberties union play a role in promoting and supporting rights?
Has over 1.75 million members and 300 lawyers who defend rights in court Defends the civil liberties of all Americans including the rights of American Nazis and KKK members > argues all liberties must be protected or nothing will stop the government taking away civil rights entirely Numerous successes like in brown v board and roe v wade Also won lower profile court rulings doing things like protecting the rights to privacy of gay people Mounted a lot of legal challenges on national security measures post 9/11 but was largely unsuccessful Filed more than 400 lawsuits against the Trump administration Won a victory for the lgbtq community in the landmark Bostock v Clayton county in 2020 in the SC preventing people being discriminated against on the grounds of gender identity or sexual orientation
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How do pro choice groups play a role in promoting and supporting rights?
Support a woman’s right to choose and how she manages reproductive health > planned parenthood, NARAL pro choice America, and now
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How do pro life groups promote and support rights in the USA?
Support the right to life of the unborn foetus or embryo > pro life action league, Americans United for life and the national right to life
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What were some of the defining features and methods used as part of the civil rights movement?
Direct action, sit ins and bus boycotts Brutality of police and white citizens Murder of black Americans like emett till in 1955 > showed failings of criminal justice system Landmark Supreme Court decisions like brown v board (1954) MLK I have a dream speed in 1963 Passage of the 1957, 64, and 68 civil rights act + the voting rights act of 1965 24th amendment which protected black Americans from discrimination in voting Indian civil rights act in 1968 extended the bill of rights to indigenous Americans in tribal courts Assassination of king in 1968 Obama being elected in 2008
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What is affirmative action?
Positive discrimination by employers or universities, or federal or state governments to favour racial minorities
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How has affirmative action benefited the civil rights movement? How have people and parties disagreed on it?
Liberals thought this took account of social and economic disadvantages faced by minorities Conservatives argued it was reverse discrimination Polarising issue in the US > Affirmative action is banned in 9 states > In fisher v uoTexas the SC ruled that affirmative action was legal provided certain criteria were met In 2022 the Supreme Court will hear a challenge to Harvard universities use of race in admissions > conservative majority court
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How have voting rights changed as the civil rights movement has progressed?
1965 civil rights act made it easier for black Americans to vote by removing restrictions in most states in the south > turnout by black Americans leapt up Black Americans became a key group to target for politicians In Shelby county v holder in 2013 the SC ruled that states could impose restrictions on voters More than 20 states introduced restrictions including stricter voter ID laws > Hispanic and black vote fell making it easier for republicans to be elected Black voter turnout fell 7% in 2016 contributing to HCs loss > in 2020 this was reversed by a huge mobilisation effort by black churches, pressure groups and the democrats Bidens for the people act would have made it easier for black Americans to vote with things like same day registration but it was blocked by a republican filibuster in 2020
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How do incarceration rates in the US link to the civil rights movement?
Modern civil rights campaigners argue that the criminal justice system is failing to provide equal rights > the incarceration rate for black Americans is more than 5x that of white Americans > a black man born in 2001 has a 1/3 chance of spending part of his life in prison, a white man of the same age has a 1/17 chance > felony disenfranchisement meant that in 2020 one of every 16 black Americans of voting age was no longer eligible go vote becasue of a previous criminal conviction, a rate 3.7 times greater than for other Americans
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How has the Black Lives Matter movement helped to advance civil rights in America?
Began in 2013 when George Zimmerman was acquitted for shooting de ad unarmed Trayvon Martin > subsequent police shootings resulted in street protests some of which turned into riots > numerous smart phone videos showed more police violence against unarmed black Americans > black Americans are 2.5x more likely to be killed by the police than white Americans > indigenous Americans are the ethic group most likely to be killed in an encounter with the police The murder of George Floyd sparked more protests (some of the biggest in US history) in 2020 > 23 million people demonstrated across the country > some engaging in looting, rioting, arson and violence > authorities targeted this with curfews, tear gas, smoke grenades and rubber bulkets > Trump threatened to send in the military and tweeted incendiary language like when the looting starts the shooting starts
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How has the alt right and the use of domestic terrorism affected the civil rights movement?
Black Americans, Hispanic Americans and Jews were killed in targeted mass shootings from 2015 onwards Trump associated with alt right figures and failed to condemn the far right after a liberal protestor was killed at a unite the right rally in 2017 Far right activity caused 2/3 of terrorism in the us in 2020 Hate crimes against Asian Americans increased by 150% in 2020 > many argued they were scapegoated after Trump described Covid as the Chinese virus Far right armed militias pose a grave threat to democracy: swastikas and confederate flags were brandished at armed protests inside the Michigan capitol on 2020 and during the 2021 insurrection
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What is the alt right
A political movement made up of individuals who hold a range of far right beliefs including white supremacists, Neo Nazis, and Neo confederates
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What are Neo confederates
Individuals who support the US states that fought for slavery in the US civil war
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How are civil rights similar in the UK and US?
Both of the countries have constitutions based on the rule of law and the protection of civil liberties Civil rights are entrenched in the US constitution but not in the UK constitution Both countries have had debate about the civil rights of women and minorities > in the US the rights of gun owners and those with religious beliefs also play a role The USSC has played a more important role in the development of rights than its younger UK equivalent
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How are civil rights protected similarly in the UK and US?
Both have passed legislation to protect rights > 2010 equality act (UK) > 1964 civil rights act (US) Both the UK and USA have parts of their constitutions that clearly express the rights of their citizens > the US bill of rights and the UK HRA (1998) The US and UK both benefit from the rule of law and independent judiciaries (hmmmmmm) which can make rulings against the government on behalf of individual citizens
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How are civil rights not protected similarly in the UK and US?
US civil liberties are entrenched in the constitution > can only be removed by an amendment UK civil liberties are not entrenched > HRA could be removed by an act of parliament The USSC can strike down legislation that infringes on citizens constitutional rights > the UK can only make a declaration of incompatibility with the HRA The USSC can make landmark rulings that effectively act as interpretative amendments to the constitution > UKSC decisions can be overruled by Parliament
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What is the 2010 equality act?
A law passed by the UK Parliament go bring together many different pieces of equality legislation > this included the equal pay act of 1970, the sex discrimination act of 1975, the race relations act of 1976, the disability discrimination act of 1995 and the employment equality regulations of 2003 and 06 > the equality and HR commission is an independent public body that enforces the UKs equality laws
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Where do the UK and US agree and disagree about civil liberties in a time of national emergency?
Both countries had extensive public debate about limits on civil liberties during the Covid 19 pandemic > another example of this debate arose in response to increased terror threat post 9/11 > to protect their citizens Blair and bush both passed measures that were criticised for infringing on civil liberties > the US patriots act (2001) increased police and government powers to carry out searches of homes, businesses, telephones and emails without a court order > in the UK the prevention of terrorism act (2005) introduced government control orders on terrorism suspects (repealed in 2011)
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Where do the UK and US agree and disagree about women’s rights?
Both countries had sucessful women’s suffrage movements > some women were given the vote by UK parliament in the representation of the people act in 1918 and all women 10 years later in 1928 > all American women were enfranchised in 1920 under the 19th amendment Subsequent debates have focused on abortion rights, equality and anti discrimination The me too movement highlighted sexual harassment Women’s rights are more limited and precarious in the US The equal rights amendment was not passed and there is no right to paid maternity leave but sex discrimination *by employers* is prohibited by the equal pay act of 1963 In the UK women have the right to paid maternity leave and the sex discrimination act (1975) explicitly forbids sex discrimination Debate over abortion is fiercest in the US because it concerns religion > 56% of Americans are religious compared to 30% in the UK > abortion is not really a political issue in the UK and was legalised by parliment in 1967
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Where do the UK and US agree and disagree about the rights of LGBTQ people?
Controversial in both countries > same sex marriage was intensely debated before being legalised in the UK in 2013 > obergefel v hodges 2015 was the same Religious groups in both countries have argued their right to practise their religion is infringed upon by civil rights groups > Trump has banned trans people from serving in the military The US equality act would have effectively banned all discrimination against LGBTQ people but Biden was unable to pass it Boris Johnson’s government reversed plans to make legal gender change easier in 2020 and had a turbulent relationship with LGBTQ campaigners and groups and disbanded its LGBTQ panel after mass resignations due to their delay in banning conversion therapy
447
Where do the UK and US agree and disagree about race?
USA: Slavery was only abolished in 1865 after a civil war but segregation continued for 100 years Affirmative action policies face widespread opposition in the USA UK: Slavery was abolished by the bridging empire in 1834 and no segregation ensued formally The UK civil rights movement was less high profile than the US but won important victories like the race relations act in 1965 The UKs equality act in 2010 means that attempts at affirmative action are more limited
448
How has BLM been influential in the UK?
Far fewer black peiple are killed in the UK where police are not armed Black men are nine times more likely than white men to be stop and searched and 3 times more likely to be tasered People from minority ethnic groups died at higher rates during the covid 19 pandemic and a 2021 report found that black women were four times more likely to die in pregnancy or childbirth than white women (both countries) Black people are 3 times more likely to be excluded than white peers Protestors in Bristol tire down a statue of slave trader Edward Colton in June 2020 emulating US protestors who toppled confederate statues > this sparked a national debate about school curriculums
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Where do the UK and US agree and disagree about the rights of immigrants?
USA: debate has focused primarily on the 11 million illegal immigrants presumed to be living in the country particularly dreamers > the Trump admins policy of seperation children of illegal immigrants from their parents was discontinued after public outcry > 7 children died in US govt custody between 2018 and 19 > the Supreme Court overturned trumps attempt to end the Deferred action for childhood arrivals (DACA) programme meaning undocumented child immigrants who arrived in the USA before 2007 could remain there as adults > Joe Biden campaigned against trumps border wall promising a fair and humane immigration system > construction was halted when he became president but the number of detained immigrants soared during his 6mo in office UK: Debate is mostly around Wether immigrants should have equal access to use the NHS and council houses Wether deporting immigrants who commit a crime is in breach of the HRA how best to reduce net immigration figures How to prevent migrants from attempting the dangerous journey across the English Channel from France to Britain > 27 people died including children during one voyage in 2021
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Where do the UK and US agree and disagree about gun rights?
In the USA gun rights are a majorly political issue whereas in the UK gun control is almost universally accepted since dunblane (snowdrop campaign)
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What methods do civil rights campaigners in the US and UK both use?
Marches, rallying, lobbying, Direct action and civil disobedience US pressure groups use the courts more but the UK has used them successfully especially surrounding the HRA Religious groups in both countries argue that anti discrimination laws can infringe on their rights > masterpiece cake shop v Colorado civil rights commission (2018)
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What methods do civil rights campaigners in the US and UK use differently?
The US has no limits on election spending US groups spend far more on supporting and losing political candidates US pressure groups use the courts more because they can strike down legislation or make interpretative amendments > US pressure groups fund many more legal challenges
453
How have civil rights campaigners in the UK and US been equally effective?
Changed public attitudes in both countries and open displays of racism and homophobia are considered unnaceptable now The rights of women and minorities have improved dramatically in the last 50 years and beyond Pro choice campaigners have largely been successful in keeping abortion legal in both countries Civil liberty pressure groups have shone a spot light on anti liberal measures taken by the governments of both countries especially in relation to national security > however they have not been able to stop the government from persuading controversial methods when dealing with terror suspects of immigrants
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How have civil rights campaigners in the UK and US not been equally effective?
In the US there has been a rise in far right demonstrators Religious campaigns continue to gain traction in the US the NRAs political funding strategy gave it a degree of influence over politicians unparalleled by any civil rights group in the UK women have been able to secure better maternity rights in the UK and do not fear abortion restrictions The second amendment and NRA have kept gun rights in place Both countries have significant progress to make in derivations homophobia, transphobia, anti semitism and islamaphobia in both societies
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How can structural theory be used to analyse civil rights?
Rights are entrenched in the US constitution and so is more protected than the UKs flexible constitution Parliament is sovereign so ultimately decides what civil rights UK citizens enjoy compared to constitutional sovereignty in the US and the SCs rulings Different campaign finance rules have resulted in pressure groups spending more on political campaigns in the US and arguably having more influence over elected representatives
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How can rational theory be used to analyse civil rights?
Many civil rights campaigns come from the infringements of rights of individuals (roe v wade and the snowdrop campaign) Leaders have had a big impact on civil rights campaigns (MLK) Some presidents have expanded civil rights while other have restricted civil liberties
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How can cultural theory be used to consider approaches to civil rights?
Respect for rule of law generally underpins protections in either country Both cultures value individual liberty which is reflected in their constitutions: bill of rights and HRA > pluralistic culture allowing pressure groups to campaign for civil rights Sexism, racism, homophobia, transphobia, unconscious bias, anti semitism and islamaphobia is prevalent in the societies of both countries though liberalism and anti racism is also tolerated Culture wars exist in both countries especially in the UK post Brexit Religious groups and conservative religious beliefs are more dominant in the US Anti lockdown protests were bigger in the US due to their more general suspicion of government control Far right groups are on the rise in both countries and pose a threat to civil rights > the assault on the US capital in 2021 was an attack on democracy and therefore threatened the civil liberties of all Americans
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What are culture wars?
Conservatives and liberals becoming increasingly opposed to each other > hapoened in the US from the 1980s onwards over issues like abortion, the role of religion, guns and LGBTQ rights Happened in the UK post Brexit over immigrations and attitudes to the EU, exacerbated by anti racism protests and the war on woke