USA EXAM QUESTIONS Flashcards
Evaluate the view that US foreign policy is dominated as much by Congress as by the presidency (paragraph 1 negotiate treaties vs executive agreements)
C: Although, President has the power to negotiate treaties and Congress can ratify treaties allowing both to be equally involved. President negotiated and Congress ratified - New START Treaty Extension (2021): The U.S. and Russia agreed to extend the deal until 2026, the deal aims to limit nuclear arsenals - showing both need to agree for the treaty to come into force. Convention on the Rights of Persons with Disabilities (2012) there were many reasons for the rejection some main ones include: compromising U.S. sovereignty by allowing an international body to influence domestic laws, Introducing new regulatory burdens, Existing Protections in the U.S - Therefore presidents cannot act unilaterally when dealing with other countries. executive agreements, which have been ruled to have the same legal status as treaties, thus increasing the power of the president to act alone in foreign policy
P: Although arguably they have the power to ratify/reject a treaty - repeated use can undermine the President’s power and presence on the global stage and can decrease their ability to negotiate a treaty. Furthermore, rejection of treaties has been much less common in order to not risk the President’s foreign power. Historically, 22 recorded since 1825. Presidents . Obama entered the Paris Agreement as an executive agreement, bypassing the need for Senate ratification. This shows that congress isn’t always needed and can undermine the influence of Congress on foreign policy and recently the use of executive agreements has increased. Strengthening Critical Minerals Supply Chains Agreement with Japan (2023
Evaluate the view that US foreign policy is dominated as much by Congress as by the presidency (paragraph 2 power of the purse vs imperial presidency)
C: Presidential power in foreign policy depends on the willingness of Congress to
grant funds. In the lead-up to the U.S. withdrawal from Afghanistan, Congress placed restrictions on the use of funds for military operations. The 2021 National Defense Authorization Act (NDAA) required the Pentagon to submit reports to Congress on the consequences of troop withdrawals before funds could be used for further drawdowns -limited the speed of withdrawal. 2020, Congress passed a resolution under the War Powers Act requiring the president to obtain Congressional approval before using military force against Iran -> While the resolution was largely symbolic after being vetoed by President Trump, Congress later included funding restrictions in appropriations bills to limit unauthorized military actions against Iran -> difficult to achieve for presidents to
achieve for controversial policies, especially in times of a divided government where foreign
policy may not align with one or both chambers of Congress
P: Recently, presidents have had greater power in foreign policy because of the ‘imperial’ presidency. Congress has not declared a war after Pearl Harbour but USA has been involved in many military actions - Libyia - U.S. forces participated in NATO airstrikes to enforce a no-fly zone and support rebels against Muammar Gaddafi (undermined congressional authority) -> the limited scope and duration of the operation did not constitute “hostilities” requiring congressional approval. Furthermore, congress provided presidents with more power over foreign affairs - The conflict escalated with the Gulf of Tonkin Resolution (1964) under President Lyndon B. Johnson -> granted Johnson nearly unlimited authority to use military force in Southeast Asia without a formal declaration of war. It gave the president the ability to act unilaterally to prevent further aggression without needing specific congressional approval for each military action. Oct 23 - Biden authorized U.S. military support to Israel without seeking prior congressional consent after hamas attack
Evaluate the view that US foreign policy is dominated as much by Congress as by the presidency (paragraph 3 executive order vs public opinion )
C: In times of crisis, presidents can pass more legislation in relation to foreign policy, Executive Order 13224 was Issued by Bush, this executive order was used to designate individuals and entities involved in terrorism and block their assets. It was issued after the 9/11 attacks and empowered the Treasury Department to freeze assets of those with ties to terrorism, making it a significant tool for U.S. foreign policy in counterterrorism without requiring Congressional legislation. Donald Trump used executive orders a lot - Following China’s imposition of a national security law on Hong Kong, Trump issued an executive order ending Hong Kong’s special trade status with the U.S. - The executive order imposed sanctions and altered economic relationships without requiring Congressional approval, demonstrating the president’s ability to shape foreign policy unilaterally.
P: Presidential power in foreign policy can be limited by other factors such as public
opinion, which Congress is very responsive to -> Public opinion strongly supported aiding Ukraine, influencing Congress to approve significant military and financial assistance packages. However, concerns about prolonged conflict and escalating costs have tempered bipartisan support. Trump’s push to reallocate military funds for the U.S.-Mexico border wall faced public criticism and Congressional resistance -> Public opposition spurred Congress to restrict funding and pass resolutions to block the reallocation of funds, forcing Trump to rely on emergency declarations.
Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government. (Para 1: gridlock vs survived )
P: Agree as checks and balances an obstacle to effective government because legislative gridlock occurs - makes change difficult to enact, Whilst legislation has been passed, in an increasing era of party polarisation, the checks often lead to consistent gridlock where legislation can not be passed. For example, in Obama’s second term, the Republicans won control of both houses and blocked much of his legislation for example the Affordable Care Act in 2012 - party polarization can harness the existing constitutional checks to stop policies from progressing. For example, the inability to pass a budget has resulted in federal government shutdowns, such as in 2018–2019 - For example, the 2018-2019 shutdown cost the U.S. economy approximately $11 billion, including $3 billion in permanent losses, according to the Congressional Budget Office (CBO) - can delay services.
C: The survival of the system of checks and balances shows that it has served its
purpose of preventing one branch of government from achieving disproportionate power over the others. The power of judicial review allows the judiciary to check legislation after it has been passed by the executive and legislature. This prevents effective dictatorship,
particularly when one party dominates the presidency and both chambers of Congress. Trump’s efforts to end DACA were blocked by the courts. The Court did not rule on the legality of DACA itself but rather on the flawed process by which the Trump administration sought to end it. Student Loan Forgiveness Plan (2023) - The Court ruled that the HEROES Act does not grant the Secretary of Education the power to cancel debts on such a large scale. Courts found the initial Trumps travel ban (January 2017) unconstitutional and in violation of statutory law.
Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government. (Para 2 same party in control vs broad-based support for change )
Para 2)
P: When the same party is in control of both the presidency and Congress, the checks and balances may cease to be effective. This means that whilst the president can carry out their agenda, Congress’s role of scrutiny is ineffective. This can mean that presidents are more
likely to be able to pass their policy agenda with limited checks by Congress, especially in an era of increasing partisanship. One of the most important powers held by the executive is the power to appoint judges to the Supreme Court, for President Trump appointed Brett Kavanagh to the Supreme Court in 2018. American Rescue Plan Act (2021): A $1.9 trillion COVID-19 relief package passed early in Biden’s presidency - Passed without Republican support through the budget reconciliation process, made possible by Democratic control of both chambers. Tax Cuts and Jobs Act (2017):A major tax overhaul that reduced corporate tax rates and individual income taxes, Passed with Republican majorities in the House and Senate, despite no Democratic support.
C: Checks and balances do not prevent effective government, but can help to
ensure change is dependent on broad based enduring support. Both chambers of Congress must agree bills in the same format, and go through an elaborate system of checks through
the committee system before the final bill is signed by the president - encourages bipartisanship and avoids ruling party from having complete control - The Infrastructure Investment and Jobs Act, a $1.2 trillion infrastructure package, passed during President Biden’s administration - Despite initial partisan divides, the bill received bipartisan support in Congress.The legislative process required negotiation and compromise between Democrats and Republicans, reflecting broad-based support. In response to the COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a $2.2 trillion stimulus package - The bill passed with overwhelming bipartisan support in both chambers of Congress, showing consensus on the need for urgent action.
Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government. (Para 3 state power eroded vs prevents populist legislation from passing)
P: Checks and balances are not effective enough at ensuring and protecting the separation of powers - affecting the effectiveness of gov as imagined by the framers. Conservatives believe that the system of checks and balances has been inadequate to prevent the expansion of the federal government. The expansion of federal government has been at the expense of the states, and of the power of the Supreme Court. This means one of the foundational tenets of the constitution has been comprised - concentrating too much power in federal government. 2017: Trump issued an executive order which proposed that sanctuary cities would be risk of losing various federal grants although later challenged it shows that president is slowly eroding state power. The federal government has taken more control by imposing national policies on all states: The Biden administration implemented vaccine and testing mandates for federal employees, contractors, and large private employers. Though these mandates faced legal challenges, they exemplify efforts to impose national health policies.
C: The Constitution itself prevents populist legislation being passed simply to win electoral support on some issues that are seen as protected - Populist calls to criminalize flag burning as an act of protest, often framed as patriotic, have resurfaced periodically - The Supreme Court ruled in Texas v. Johnson (1989) that flag burning is protected as symbolic speech under the First Amendment - The Constitution protects unpopular or controversial speech, preventing populist legislation from infringing on free expression.
Evaluate the view that the main factors affecting voting behaviour in Congress are the divisions within and between the political parties. (para 1 ideological differences on main issues vs personal experiences and moral compass)
P:. The main parties tend to be broad coalitions that have always divided
roughly along party lines on votes on key issues for example gun reform or civil liberties - ranging ideological stances within a part. This is an important factor in influencing how congress members vote, This does not mean that parties will always vote together as the parties are broad coalitions and may contain liberal Republicans or conservative Democrats. American Rescue Plan - Some moderate Democrats expressed concerns over the size of the bill and the potential long-term fiscal impacts, In 2021, Rep. Liz Cheney and Rep. Adam Kinzinger voted to impeach Trump, going against the majority of their party. following mass shootings such as the Uvalde (2022) and the New York shooting (2022), there were renewed calls for gun control in the United States -> Rep. Tony Gonzales (R-TX), representing Uvalde, supported a modest gun reform bill, breaking with many Republicans who opposed stricter gun laws.
C: Individual members of Congress may choose to vote according to strongly held personal beliefs rather than party ideology this may mean that an individual moral compass may be more effective, Sen. John McCain (R-AZ) said no : McCain, a former cancer patient, had a deeply personal belief in protecting healthcare access for Americans, particularly those with pre-existing conditions. This means that the parties will not be able to influence such members of Congress to vote in a certain way, particularly if these beliefs are a central plank of their electoral campaign. Flake (2017) tax reform bill - voted against it as he believed it would negatively benefit-rich
Evaluate the view that the main factors affecting voting behaviour in Congress are the divisions within and between the political parties. (para 2 factions vs polarising leaders )
P: Factions within the parties also affect voting behaviour in Congress: An example of party factions affecting voting behaviour in Congress is the influence of the Freedom Caucus within the Republican Party during debates over government spending and the debt ceiling. In 2023, negotiations over raising the debt ceiling created significant tensions within the Republican Party. The House Freedom Caucus, a faction of hardline conservatives, demanded deep spending cuts and policy concessions in exchange for agreeing to raise the debt ceiling. During attempts to repeal the Affordable Care Act, the Freedom Caucus opposed initial Republican plans, arguing they didn’t go far enough in rolling back federal healthcare programs -> This meant that several members of Congress joined the
faction and voted to support their policies to gain wider electoral support and to show support for wider Republican ideological views. The election of Speaker Kevin McCarthy in January 2023 highlighted deep divisions within the Republican Party. McCarthy faced opposition from far-right members of the Freedom Caucus.
C: Parties tend to be loose coalitions rather than strongly bound by ideology, and so polarising leaders within Congress or the presidency play a role in determining voting behaviour - After the January 6th Capitol riot, the House of Representatives voted to impeach President Donald Trump for “incitement of insurrection.” - Ten House Republicans, including Liz Cheney (R-WY) and Adam Kinzinger (R-IL), voted for impeachment, citing their belief that Trump’s rhetoric and actions contributed to the attack on the Capitol. Trump declared a national emergency to divert funds for constructing a border wall after Congress refused to fully fund the project. Several Republicans, including Sen. Susan Collins (R-ME), voted to overturn Trump’s emergency declaration. They expressed concerns about executive overreach and the precedent it would set for future presidents.
Evaluate the view that the main factors affecting voting behaviour in Congress are the divisions within and between the political parties. (para 3 - party polarisation vs interest groups)
Para 3)
P: Voting in Congress has also been affected as parties have become more polarised in recent times - This has led to more partisanship when voting - vote along party lines on key issues. Following mass shootings in 2022, Congress passed modest gun reform legislation. While some Republicans supported the bill, most remained opposed, even to limited measures like expanded background checks. The difficulty in passing even incremental reforms highlighted entrenched partisan positions on contentious issues. Inflation Reduction Act (2022) - This climate, healthcare, and tax legislation was a cornerstone of the Biden administration’s agenda - The bill passed strictly along party lines, with all Democrats supporting it and all Republicans opposing it. Democrats unanimously supported federal protections for abortion rights, while Republicans uniformly opposed them, reflecting deep ideological divides.
C: Members of Congress may be more influenced by lobbyists and interest groups than their party when voting. Following the 2012 Sandy Hook Elementary School shooting, there was an intense push for stricter gun control laws - : Despite widespread public support for stronger gun laws, several members of Congress were heavily influenced by National Rifle Association (NRA) lobbyists. Republican lawmakers and some conservative Democrats from gun-owning districts voted against measures such as universal background checks due to NRA opposition. In 2020, when Congress debated price negotiation and cost transparency in drug pricing, pharmaceutical lobbyists pushed hard to maintain the status quo. Several Republicans and Democrats, particularly those in districts where pharmaceutical companies have large operations, voted against provisions that would allow the government to negotiate drug prices. The Farm Bill, which governs agricultural policy in the U.S., is one of the most heavily lobbied pieces of legislation due to the significant economic impact of agriculture. Agricultural interest groups, such as those representing grain farmers, dairy producers, and livestock associations, lobbied Congress members to include provisions that would benefit their industries.
Evaluate the view that the growth in presidential power has led to a corresponding decline in federalism. (2021) (para 1 - decline in state power vs state criminal laws)
P: Expansion of presidential power has led to a decline in the power of states, as the present now has greater control over state and local affairs. enforced national policy in some areas - this seems to contradict the principles of federalism enshrined in the constitution
- causing concern that presidents are interferring with states’ rights
E: The Affordable Care Act (2010), implemented under President Obama, included provisions requiring states to expand Medicaid coverage. Although the Supreme Court ruled that states could opt out of the Medicaid expansion without losing existing funding, the law effectively pressured states to comply with federal health care standards, reducing their autonomy in managing health policies.
C: The constitution (10th amendments) explicitly grants certain powers to the state, and these powers have not been eroded by growth on presidential power: . states retain the power to set their own criminal laws and regulate commerce within their borders: any states, like California and Colorado, have legalized marijuana for medical and/or recreational use, despite its classification as a Schedule I substance under federal law. Texas, Alabama have death penalty.
Evaluate the view that the growth in presidential power has led to a corresponding decline in federalism. (2021) (para 2- executive order vs Sc maintain state rights)
P: increasing use of executive orders for issues that effect individual states or regions - evidence. - executive orders are used by president to shape and ceate policies when congress would not push a desired law. - recent years president accused of trying to ‘rule by decree’. - executive orders not subject to checks and balances included in the constitution, other then costly and time consuming appeals by the supreme court
- difficult for states too overturn such orders - uses executive orders to bypass congress and the states
E: 2021, Biden issued an executive order to halt new oil and gas leases on federal land and waters, disproportionately impacted states like Texas where oil and gas production on federal lands is a major part of the economy
E: Trump attempt to uses executive order to withhold federal funding for sanctuary cities - although blocked shows attempt
C: However, states are willing to challenge federal government action on a range of policies, even when presidents use executive orders, SC continues to maintain federalism when making rulings that uphold state rights e.g. US v Windsor which was a pivotal case where the U.S. Supreme Court invalidated a key provision of the Defense of Marriage Act (DOMA). In this case, by striking down a federal law that sought to define marriage, the Court recognized that marriage laws traditionally fell under the jurisdiction of states. Sc blocked sanctuary cities - as unconstitutional. : President Joe Biden issued an executive action under the HEROES Act to forgive student loan debt for millions of borrowers
Evaluate the view that the growth in presidential power has led to a corresponding decline in federalism. (2021) (para 3 - strong domestic ideological
vs state legislate on issues federal gov scared to)
P: use of presidential power has increased with recent president’s with strong domestic ideological platforms on issues which had normally been left to the states or legislate. No child Left behind - This federal law tied education funding to strict performance metrics and standardized testing.
E:It mandated how states assess student progress and penalized schools that failed to meet federal benchmarks -> Education is traditionally a state-controlled domain. Critics argued the law diminished state and local control over school curricula and priorities. The Environmental Protection Agency has at times imposed federal environmental regulations (e.g., Clean Water Act rules) that some states view as overreach into local land use or natural resource management
C: Federalism has continued as states legislate on issues federal government are reluctant to do so. This has become more apparent in recent years with more frequent challenges by the state in the Courts on issues such as gun control and abortion, alongside specific statewide policies. Dobbs decision in 2022 reverted the power over abortion to individual states now allowing states to introduce extreme anti-abortion laws - as of April 2023, 13 states have issued complete bans on abortions. Texas and California have v different abortion laws as the states are allowed to legislate themselves
