US Politics - 9 Mark Questions Flashcards
3 Ways in which Constitution has Power
CONSTITUTIONAL RIGHTS - Fundamental rights guaranteed by the constitution.
- usually come in the form of amendments and can be defended by the SC eg 1st amendment right to freedom of speech, Texas v Johnson (1989). 2nd amendment right to keep and bear arms DC v Heller (2008). 8th amendment protection against cruel and unusual punishment Furman v Georgia (1972).
- however, the courts have sometimes also not upheld these rights eg Gregg v Georgia (1976) or FEC v McConnell (2004).
SEPARATION OF POWERS - a system of government where political power is shared amongst all 3 branches of government each acting independently and interdependently of eachother.
- as a result nobody can be part of more than one branch of federal government at once. Eg Gore (1992), Clinton (2008), Obama (2008).
- however, some exception includes how VP is also President of the Senate so therefore has power to cast a tiebreaker vote in Congress, e.g. Pence and DeVos (2017).
CHECKS AND BALANCES - a system of government which allows each branch of government to partially control the national power exercised by the other.
- e.g. Congress has power to declare war like it did in Japan (1941). Has power to impeach presidents e.g. Clinton, Trump and Johnson and judicial officials.
- however, the reality is many presidents often act without congress approval with foreign policy eg (1970) Nixon and Cambodia and Truman and South Korea (1950), Trump and Solemaini. Also the fact only 3 presidents have ever been impeached and no SC justice has shows how weak the power is.
3 Ways in which the Constitution can be Changed
AMENDMENT PROCESS - either 2/3rds majority in both houses of Congress or 2/3rds of states call National Constitutional Convention in Proposition stage. Then either 3/4ths of state legislatures or 3/4ths of states at Constitutional Convention vote to ratify at Ratification stage.
- So far only been 27 amendments, notable ones include (1964) 24th amendment which outlawed the poll tax as a measure for voting requirement. 19th amendment (1920) gave the right to vote on equal grounds for gender.
- however, it’s rare that constitutional amendments occur due to the complicated amendment process as shown by many failed amendments eg flag desecration (1995,97,99) or balanced budget (1997) or equal rights amendment (1982).
JUDICIAL REVIEW - Supreme Court power it gained through Marbury v Madison (1803) to declare Acts of Congress or actions do executive as unconstitutional.
- SC uses this power make interpretative amendments and therefore change the meaning on words in the constitution. Eg Furman v Georgia (1972) 1st amendment or Boyton v Virginia (1960) 14th amendment equal protection clause.
- however, depends on judges that there is as strict constructionist tend to be opposed to excessive use of judicial review as shown by DC v Heller (2008).
EXECUTIVE AGREEMENT - agreement reached by a president and another nation that does not constitute a formal treaty.
- presidents often use these to bypass the Senate for the ratification process. E.g. Copenhagen (2009) NAFTA (1994).
- however, can lead to controversy as Senators feel like their powers are weakened e.g. when Clinton used to make a deal with North Korea in 1994 it led to Republican senators such as McCains anger.
3 Functions of Congress
LEGISLATIVE - Article 1 grants Congress the power to make laws.
- shown by many landmark legislation eg Obamacare (2009), No Child Left Behind (2002), Bipartisan Campaign Reform Act (2002).
- however, only 2-4% of laws actually get passed due to the difficult legislative process through mechanisms such as filibusters which allow Senators to delay pieces of legislation. E.g Thurmond (1957) with CRA (57) 24hour, Sanders (2010) tax Bill, Cruz (2013) Obamacare bills.
SCRUTINY - Congress performs this through the oversight function where it reviews activities of executive personnel.
- This includes power to review a presidential nominee, oversight is mostly effective when Congress is controlled by an opposition party, eg Bork (1987) 58-42. Tower (1989) 53-47.
- however, this also does mean it can potentially be used to embarrass an opposition party presidents administration instead e.g. Trump and Russian interference (2017/19) and Clinton and Benghazi (2012) through the Republican controlled House Intelligence Committee.
REPRESENTATIVE - Congress may fulfil this through voting on the floor of the Senate of by visiting local constituency.
- failure to do this can result in losing seats e.g Foley (1994) voted for gun control whilst his congressional district in Washington had a mostly pro-gun lobby. Dole (2008) lost her seat after she didn’t visit it enough.
3 powers of the president
VETO - Trump vetoed the Iran War Powers Resolution (2020).
- vetoes are very powerful as Congress needs a 2/3rds majority in both houses to conduct a veto. So it’s rare. Trump has a 100% success rate for vetoes in his presidency, Obama 92%.
- the last time Congress overturned a veto was the Justice Against Sponsors of Terrorism Act (2016) with Senate voting 97-1 to overturn and House 348-77.
COMMANDER IN CHIEF- gives them the power to commit US troops to wars and negotiate treaties.
- Used by those such as Trump with Baghdadi (2019) and Solemani (2020) and by Bush to commit troops to Iraq (2002) and by Eisenhower to commit 14,000 troops into Lebanon (1958). Congress has limited power in this area despite also needing to give its consent by 2/3rds majority to declare war the last time it did this was with Japan in 1941.
- Power to negotiate treaties is a vital power such as Trump with USMCA (2019) or Clinton with NAFTA (1994). Congress is able to prevent a treaty as it needs to approve it by 2/3rds majority, however its only rejected 7 treaties since Versailles (1920) the last being the Convention on the Rights of Disabled Persons (2012).
APPOINTMENTS TO EXECUTIVE AND JUDICIAL BRANCH
- vital to the judiciary as can have a long lasting impact on the court, e.g. Trumps 3 appointments shifted the court 6-3 to a conservative majority.
- however can be checked by the Senate as they have the power to reject an appointment, e.g. Bork (1987) 58-42 and Tower (1989) 53-47.
3 Reasons why Cabinet is/is not Important
FUNCTIONS - policy debate or prompt action from an executive department.
- e.g. Reagan’s sec of defence Carlucci describe cabinet as a shouting match whereas Bush Sr’s cabinet meetings were known to have productive debates on foreign policy.
- e.g. Obama used it to prompt action from Secretary of Defence Hagel (2014) regarding release of prisoners from Guantanamo Bay.
CABINET DEPARTMENT HEADS - many of those in the cabinet are in very powerful roles.
E.g. Kerry, Clinton and Pompeo were all known to have significant political careers themselves before becoming Secretary or State. Tillerson also as Sec of Defence.
- however, arguably only Secretary of Defence, Secretary of State and Secretary of Treasury. Are actually of any note.
FREQUENCY OF MEETINGS - meetings used to be regular.
- Ford every 3 weeks, Carter monthly, this increases transparency.
- however, since then it’s become less and less likely eg Bush averaged 6 a year and Obama 3.5 a year.
3 Ways Money Effects Elections
BUCKEY V VALEO (1976) - ruling allowed presidential candidates to make unlimited contributions to their own campaigns, as laws prohibiting it violated 1st.
- this has opened up advantages to billionaire and millionaire candidates who have often found success e.g. Trump donated $66 million of his own money (2016) and won the presidency. Perot donates $50 million to his own campaign (1992) and finished with the highest ever vote share of 18.9%.
- some billionaires contribute heavy amounts and still fail e.g. Romney (2008) contributed $44 million to his own campaign and failed to win the nomination and Bloomberg contributed up to $1 billion of his own money and won American Samoa primary and nothing else (2020).
CITIZENS UNITED V FEC (2010) - ruling allowed labour unions and business to make unlimited contributions to a candidates campaign as laws prohibiting it violated the 1st.
- this saw emergence of Super PACs which were allowed to make unlimited expenditures aslong as they didn’t contribute to the candidate directly. E.g. Priorites USA Action (2012) Obama’s Super PAC contributed $78 million to him. Romney’s Restore Our Future raised $143 mullion.
- however, these Super PACs can often be regarded as dishonest running attack ads e.g. Gingrich Winning Our Future (2012) ran attack ads on Romney with false claims which saw it receive a 4 star on the Washington Posts Pinocchio ratings.
MATCHING FUNDS- federal money raised through the FEC given to candidates who can raise more than $5,000 in 20 different states.
- up until 2008 all presidential candidates would accept matching funds. However, Obama broke this president in 2008 when he rejected matching funds allowing him to raise $150 million in September 2008 alone, whilst McCain accepted federal funds so only got $84 million putting him at a huge disadvantage.
- since then neither Romney or Obama took matching funds and neither did Biden or Trump, or Clinton or Trump however, Martin O Malley took them in 2016.
3 Ways Different Voter Groups Vote
- HISPANICS - tend to vote for the Democrats due to lower socio-economic background and immigrant.
- Obama had a 44% lead amongst them in 2012 and Clinton had a 38% lead in 2016.
- however, due to their Catholic upbringing and conservative views on social issues, Republicans have had success in the past. E.g. Bush (2004) managed to win 43% of the vote amongst them due to being a fluent Spanish speaker and Governor or Texas. Trump also won the Cuban community in Florida’s vote 55%-42% in 2020 based on their anti-socialist views.
-AFRICAN AMERICANS - tend to vote overwhelmingly Democrat. Due to New Deal and Civil Rights Movement support from LBJ and JFK.
- Obama won 95% (2008), Clinton 89% (2016) and Obama 93% (2012).
- however there has been attempts from the Republicans to make inroads into the demographic as shown by Bush’s No Child Left Behind Act (2002) attempting to help African American kids in inner city schools and Trumps high profile media appearances with African American popular media stars such as Kanye West and Mike Tyson. However, they’ve failed.
WORKING CLASS - tend to vote Democrat due to the policies e.g. supporting a federal increase of the minimum wage to $15 an hour (2020).
- Clinton won in working class areas heavily 49% in the Midwest and 56% in the East (1996) and so did Obama who won 54% in the Midwest and 59% in the East (2008).
- however, the vote can be flipped as shown by Reagan’s support in the Midwest of 62% and East 53% (1984) and Trump winning rust belts states such as Michigan, Pennsylvania and Wisconsin (2016) flipping Obama’s support base due to his America First and Jobs focus.
3 Features of a Balanced Ticket
POTENTIAL IN GOVERNMENT - experienced members at federal government level.
- Usually key for outsiders such as Governors like Clinton who chose Gore who had 16 years experience in the Senate (1992). Bush-Cheney who had previously been Secretary of Defence, White a house chief of staff and in Congress.
- however, not always the priority eg Biden-Harris as Harris only had 3 years in the Senate before 2020.
PARTY UNITY - important after a long and divided primary campaign.
- (1980) Reagan-Bush, (2020) Biden chose Harris despite her famously attacking Biden on his record on school bussing.
- however, it’s not always the priority as shown by Clinton choosing Kaine (2016) where if she preferred party unity she would of chose Sanders or Obama choosing Biden (2008) when he could of chose Clinton.
MINORITY BALANCE - to appeal to a certain section of voters.
- gender, Ferraro-Mondale (1984), Palin-McCain (2008) and Harris-Biden (2020).
- however, race can be more prevalent, e.g. Obama-Biden (2008) and Harris-Biden (2020).
3 Coalitions within Republican
CHRISTIAN RIGHT - generally have close links to evangelical so pursue policies such as pro-life and school prayers.
- Eg Santorum and Huckabee. Tend to be a dying faction within the party and had little success in recent primaries.
- however, Trump and Cruz is arguably a member of this faction.
TEA PARTY MOVEMENT - conservative grassroots organanization set up to oppose legislation in Congress following the financial crisis (08).
- eg Palin and Rubio. However, generally considered a dying faction.
- could be argued Paul Ryan is a member.
COMPASSIONATE CONSERVATIVE - strand of conservatism that takes a more compassionate view on social welfare, education and poverty.
- Created by Bush and supported by his brother.
- Mcain also arguably a member as shown by his support for Obamacare voting against the skinny repeal Bill in 2017.
3 Coalitions within Democrats
LEFT/PROGRESSIVE - generally look to past presidents for influence on policy eg LBJ, JFK and FDR. Support federal min wage $15 and nationalisation of industry.
- eg Sanders, Warren and Cortez.
- generally a weak section of the party, however Sanders finished 2nd in primaries in 2016 and 2020 but also shows their little influence as the super delegates overwhelmingly voted Clinton.
CENTRIST/NEW DEMOCRAT - grew in prominence following the 1980 election loss. Key part is the Democrat Leadership Council that puts candidates in top positions.
- eg Biden, Obama and the Clinton all have large influence on the party all from this faction.
- however could be argued their brand of Democrat ideology is dying due to adopting many of the policies of the progressive wing eg environment and federal min wage.
CONSERVATIVE/DINOS - mainly concentrated from the south and at odds with party leadership.
- Eg Senators Nelson who voted against Obamacare and Senator Stupak who put the Stupak amendment against using Obamacare funding for abortions.
- however, dying as a faction very few remain, more prominent in the 30/40s.
3 Ways that Pressure Groups are more Powerful than Parties
LOBBYING CONGRESS
- Liberal Democrat’s tend to take voting cues from AFL-CIO and NAACP regarding how they vote on issues. Republicans usually take them from US Chambers of Commerce or NRA.
- some groups take this a step further and publish Senate scorecards on how Senators votes e.g. NRA published its scorecards on how Senators voted for gun control legislation (2016) Cruz got A and Baldwin got F.
MEMBERSHIP
- some groups have massive memberships eg NRA 5 million, US Chambers of Commerce represents 3 million+ businesses. Some even have larger memberships than parties eg AARP has 38 million compared to Republican Party 33 million.
- allows public to participate in democracy throughout the year not just election time, also allows voters to be more informed and educated on issues.
REVOLVING DOOR SYNDROME - where former members of Congress or the executive take well-paid jobs with lobbying firms to use their expertise and contacts to lobby their previous institutions.
- Bush became a representative of the Americans Bankers Association and then lobbied for the Leach-Billy Act (1999) that deregulated banking sector. Cheney spent millions of government funds helping military contractors agency KBR as Sec of Defence, who later offered him a job at their parent company.
- however, this shows how the US system is unfair as those with the access gain the most power.
3 Methods used by Pressure Groups
CANDIDATE ENDORSEMENT AND POLITICAL CAMPAIGNING
- usually through PACs and Super PACs eg Clinton had $90 million raised to her campaign by EMILYs List and American Federation of Teachers openly endorsed her campaign.
- however, arguably ineffective as Trumps PACs such as Future45 who raised $25 million raised less but still win election.
LOBBYING THE SUPREME COURT
- done though amicus curiae briefs which contains research provided by lawyers and presented to justices to influence their decisions.
-eg 148 used in Obergefelle v Hodges (2015), 23 in Roe v Wade (1973) and 6 in Brown v BOE (1954).
- however, groups may also donate heavy sums and lobby against SC appointments eg $15 million raised to oppose Borks nomination in 1987 by groups such as NAACP and NARAL. NAACP lobbied against Parker (1930).
DIRECT ACTION
- mostly commonly used by outsider groups. Eg SCLC used it in March on Washington (1963) and was effective as 250,000 people attended and MLK ‘I Have a Dream’ led to CRA (64) and VRA (65) NAACP with Bus Boycott to defend Rosa Parks (1955) had 85% AA turnout in Montgomery. Led to Browder v Gayle (1956). This shows the method to be effective.
- however, also can be ineffective as shown by BLM protests in 2020 seen as violent and looters.
3 ways the Bill of Rights protects rights and liberties in the USA
1) adaptable due to Supreme Court judicial review- gay marriage. necessary and proper elastic clause allows for inferred rights - role of Supreme Court for women’s rights. the classic example is the 1973 Roe v Wade case in which the Supreme Court ruled that a woman had the right to an abortion, thus disallowing federal and state restrictions on abortion. The Court ruled that the 14th Amendment could be interpreted to mean that a woman had the right to personal liberty and therefore should have the chance to decide whether to continue with a pregnancy or not.
2) II- The Right to bear arms Probably one of the most controversial amendments, certainly today DC vs Heller 2008 - Heller argued that the District of Columbia’s laws, which effectively banned handgun ownership, infringed on his Second Amendment rights. SCOTUS ruled 5-4 in favor of Heller, once again reaffirming the individual right to keep and bear arms. In the majority opinion, the court recognized that the Second Amendment was put in place to prevent disarmament of the citizens’ militia, so that no “politicized standing army or a select militia” would rule. Obama tried to change gun laws, attempted assault weapons ban in 2013 but was defeated in the senate by a vote of 40 to 60.
- New York Times Co. v. United States (1971)
At issue here was the freedom of the press. The Nixon administration sought an injunction against both the New York Times and the Washington Post, in order to stop the publication of content from the Pentagon Papers, which was at the time classified information regarding decision-making practices in Vietnam. The court ruled 6-3 in favor of the New York Times Co., citing the importance of the First Amendment.
Explain and analyse three ways in which the committee system may be significant in US politics (3)
1) The importance of congressional committees is clearly demonstrated by an examination of the legislative process. Thousands of bills are proposed each year but the fact of the matter is a mere 5% are successful. This failure rate is largely explained by the work of congressional committees. Committee Chairmen are very powerful. They can “pigeonhole” a bill which effectively means a bill will die or the committee can amend and add other bills to the initial proposal changing the original beyond all recognition. “Earmarks” are added during the committee stage which relate to additional spending clauses being added during this committee stage.
2) Congressional committees have a key role to play in the oversight of the executive and help Congress fulfil its scrutiny function. Standing committees are permanent and not only conduct the committee stage of the legislative process but also investigate policy areas relating to policy area. They conduct hearings and can call witnesses. They are very well resourced and prestigious and thus carry more weight and influence than their UK departmental select committees. The House recently voted for a special committee on the attack on the US embassy in Libya 2012
3) Congressional committees have made the legislative process much more difficult. Following the Nixon presidency and Watergate scandal, congressional reforms have led to the proliferation of sub-committees. This has made Congress much more nebulous as committee chairs no longer wield such great power, power is now distributed more widely. From a presidential perspective this shows how the committees make working with the Congress much more difficult and proves that committees (and sub-committees) are the real powerhouse of Congress.
3 ways sc checks
congress- can declare acts of congress null and void e.g 2013 US v Windsor, the court declared the defence of marriage act 2006 unconstitutional
executive- can declare acts done by a member of the executive unconstitutional in US v Nixon ordered the white house tapes to be handed over
- state of Washington v. trump 2017 put a restraining order on trumps executive order that banned people from muslim majority countries from entering the USA
