USA EXAM QUESTIONS Flashcards
(58 cards)
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 . 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. President Donald Trump ordered the drone strike that killed Iranian General Qasem Soleimani in January 2020 without prior congressional approval.
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
Evaluate the view that interest groups are more effective than political parties at influencing the outcome of presidential elections. (interest groups finance vs rely of party ideology and policies)
P: Interest groups often have more access to finances for donations to individual campaigns. Presidential candidates receive little funding from their political party and are so reliant on such fundraising. The support and finances provided by interest groups can allow
candidates to focus on campaigning more than fundraising. Future Forward USA, a hybrid PAC, spent around $100 million on ads supporting Biden and received nearly $61 million from its affiliated 501(c)(4) nonprofit in the final months of the election (2020), Elon Musk’s American PAC spent $75 million supporting Trump during August and October 2024. Emily’s List contributed an estimate of at least $20 million to Kamala Harris’ campaign
C: The majority of presidential candidates rely on the party label and ideology to campaign in elections, rather than relying on interest group campaigns. In 2020 - Biden campaigned as the candidate of Democratic unity, emphasizing the party’s progressive yet moderate platform, His campaign was defined by core Democratic values like expanding healthcare, addressing climate change, and restoring international alliances. Candidates like Donald Trump 2024 race have leaned on the Republican Party’s identity, focusing on issues like border security, anti-“woke” policies, and economic conservatism - unlikely to suceed without a party name seen by the slim number of independent candidates
Evaluate the view that interest groups are more effective than political parties at influencing the outcome of presidential elections. (interest groups have strong public support vs parties mobilise electorate)
P: Interest groups with strong public support and a national presence may be more influential in persuading their members to vote for candidates who align with their goals. Interest groups can use candidates with similar views on contentious issues - In the 2022 midterm elections, Planned Parenthood campaigned heavily for candidates who opposed the Supreme Court’s overturning of Roe v. Wade (e.g., Gretchen Whitmer in Michigan and Raphael Warnock in Georgia).They used the “Bans Off Our Bodies” campaign to mobilize voters, especially women and younger demographics. In the 2020 election, the AFL-CIO endorsed Joe Biden, citing his support for unionization efforts and the PRO Act.The group mobilized union members in battleground states like Wisconsin, Pennsylvania, and Michigan, emphasizing Biden’s plan to protect labor rights.
C: Parties also play a major role in mobilising the electorate on behalf of candidates - a more personable approach to convince voters. 2022 The Democratic Party targeted Latino voters through Spanish-language ads, community events, and culturally tailored messaging. 2022 midterms - The “Get Out the Vote” campaign focused on college campuses and urban centers, emphasizing issues like abortion rights and climate change. 2024 - ormer President Donald Trump’s campaign employed innovative digital strategies, leveraging online influencers and social media to engage voters. This approach aimed to reach a broad audience and energize the base through targeted digital content.
Evaluate the view that interest groups are more effective than political parties at influencing the outcome of presidential elections. (interest groups campaign and ads vs parties also a source of funding)
P: Interest groups can produce targeted adverts for/against individuals, within legislative campaign finance limits - The fact that their right to do so has been confirmed by Supreme Court rulings allows them to play a bigger role than political parties who have much stricter limits on expenditure. During the 2020 elections, the NRA targeted Democratic Senate candidates like Mark Kelly in Arizona with ads portraying them as threats to Second Amendment rights. In 2022, the EDF ran ads against Republican representatives who opposed the Inflation Reduction Act, framing them as obstacles to clean energy progress. he conservative interest group, American Future Fund, aired ads attacking progressive Democrats for their positions on defunding the police and supporting radical left-wing policies. These ads were targeted at moderate voters in districts that had historically leaned Republican but were swinging towards Democrats.(2024)
C: Parties are still a source of funding and support for presidential candidates - This is particularly for mobilising the party faithful e.g. at the National Party Convention where presidential candidates are confirmed. The DNC reportedly raised over $1.5 billion in the 2020 election cycle, with significant funds allocated to Biden’s campaign. In 2024, the RNC and Trump’s campaign collaborated on a national effort to mobilise rural voters, with significant investments in door-to-door canvassing and mail campaigns.
Evaluate the view that the checks and balances in the US Constitution are effective. (2023) (judicial review vs SC ideology can be influenced by presidential appointments)
P: Judicial review can prevent the states and federal government from going beyond their powers, allowing a separation of powers. 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 Supreme Court ruled that the Trump administration’s attempt to rescind the program was unlawful because it didn’t follow proper procedures. 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 did not authorize the sweeping debt cancellation proposed by Biden.The Act allows modifications in response to emergencies but does not grant the Secretary of Education the power to cancel debts on such a large scale. The Supreme Court can review decisions at state and federal level to ensure that legislation/programmes/executive orders are constitutional (AO2) so demonstrating that the system of checks and balances is effective in ensuring the other branches do not go beyond their powers (AO3)
C: SC ideology can be influenced by presidential appointments - For example, presidents who are able to make multiple appointments can change the ideology of the Supreme Court from liberal to conservative or vice versa, which can influence decisions made for years even after a president has left office (AO2) which means the checks and balances may be ineffective as the Supreme Court may not always be as impartial as intended (AO3) - Trump nominated Neil Gorsuch (2017), Brett Kavanaugh (2018), and Amy Coney Barrett (2020) - This gave conservatives a 6-3 majority, solidifying their influence for decades, this ideological shift lead to the overturning of roe vs wade in Dobbs vs jackson women’s healtj board.
Evaluate the view that the checks and balances in the US Constitution are effective. (2023) (change based on broad based support vs ineffective government and gridlock)
P: The US consitiution outlines checks and balances which means that congressional chambers have to work together. Allows for change that is based on broad 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 - This is especially true in times of divided government, as broad support is needed in both chambers of Congress as well as the president for legislative change, and a super-majority for constitutional amendments (AO2) and so the checks and balances can be effective in preventing a narrow minority Dominating. 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. Amendments to the constitution need a supermajority in order to ensure that amendments are not made frivolously - Allowed Congress to prohibit the physical desecration of the U.S. flag - Passed in the House multiple times but consistently failed to reach the two-thirds majority in the Senate.
C: Furthermore, the checks and balances of the UK constitution is largely ineffective as in reality, they tend to produce ineffective government and gridlock which has been worsened by partisanship. With growing partisanship, gridlock and government shutdowns are becoming more common. The inability of the President and Congress to agree to a budget led to the longest government shutdown under Trump in 2019. The Democrat-controlled house refused to fund trumps campaign promise of building a wall. The refusal to compromise subsequently led to a government shutdown. President’s can circumvent congress
Evaluate the view that the checks and balances in the US Constitution are effective. (2023) (imperial presidency and more powerful executive vs presendtial appointments must be approved)
C: Firstly, checks and balances of the Constitution are significantly ineffective as they have been effectively bypassed. In practice, they have not restrained executive power sufficiently to prevent the re-emergence of the ‘imperial presidency’.An imperial president is able to invade checks and balances and exert a lot of power. In terms of foreign policy, presidents can act as Imperial. Congress’ right to declare war, has not prevented presidents from committing US forces on numerous occasions e.g. there have been many wars since 1945 including the Iraq war.Presidents have bypassed checks by Asking for military authorisation from Congress as President Bush did in 2003. Futhermore, President power to use exeuctive agreement 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. Rejections of presidential appointments by the U.S. Senate are rare in recent history, as most nominees are either confirmed or withdrawn before a vote if opposition is apparent
P: Presidential appointments must be approved - stop presidents from exerting to much power over other branches -> Neera Tanden (Director of OMB, 2021) - Nomination withdrawn before a Senate vote - Opposition from Republicans and moderate Democrats due to her past inflammatory tweets and partisan rhetoric. Tanden later assumed a senior advisory role in the Biden administration - This can prevent an over-powerful (imperial) executive, as the president is not always guaranteed support of Congress, even if their own party dominates, when making appointments (AO2) showing that the checks and balances are effective in limiting the power of the executive.
Examine how interest groups in the USA are more effective at protecting civil rights than pressure groups in the UK. (2019) (more access points vs UK - unable to be successful without gov approval)
More access points - March for Our Lives passed gun reform measures in Florida despite facing challenges at a Federal level. Can target state governments - The Sierra Group advocates for stricter Environmental Protection Agency (EPA) regulations in Congress whilst also working with state governments to create more pioneered stricter environmental laws. This is made possible by Amendment 10 which reserves the rights to state governments. In certain states, certain laws apply that are separate from federal law, allowing California to enforce stricter environmental standards than those required by federal law.
The BMA’s 2016 strike over junior doctor reforms was unsuccessful as it opposed the government’s vision and they were unable to inspire change through the other means. Pressure groups in the UK are limited by the number of avenues available for lobbying and this can affect their ability to protect civil rights and their success is dependent on the government’s views.
Examine how interest groups in the USA are more effective at protecting civil rights than pressure groups in the UK. (codified constitution - easier for judiciary vs uncodified and parliamentary sovereignty = limiting)
USA- codified constitutions make it easier to use the judiciary to declare acts unconstitutional. In the US, pressure groups and citizens can understand their rights allowing them to highlight unconstitutional policy decisions. SFFA argued that Harvard’s race-conscious admissions practices were unconstitutional under the Fourteenth Amendment - The Supreme Court ruled against affirmative action policies, declaring that race-based admissions violated constitutional principles of equal protection.
Whereas in the UK - uncodified - harder to interpret affecting the protection of civil rights. the nature of Parliamentary sovereignty means that the right to make or repeal of law is reserved for parliament. The UK Supreme Court cannot invalidate an Act of Parliament but can merely declare incompatibility with the Human Rights Act. Exemplified by Rwanda Bill where the SC declared it incompatible with HRA and parliament passed Saftey of Rwanda Bill 2024. This directive effectively removes the judiciary’s ability to assess or challenge the safety of Rwanda in deportation cases.
Examine how interest groups in the USA are more effective at protecting civil rights than pressure groups in the UK. ( PACS - funding, UK interest groups - electoral funding regulations)
interest groups in the USA -The rise of super PACs in the US means that interest groups can campaign directly in favour or against candidates and their campaigns. Super PACS - unlimited funding. For example, the NRA spent more than $21 million on the presidential race in 2016 in support of Trump and the Republicans. This was to support a party that will ensure that the 2nd amendment remains intact, protecting the rights of people. Emily’s List - It is estimated to have spent at least $20 million on Kamala Harris’
Whereas, in the UK, there are rules and regulations for party funding. Political parties must report donations over £7,500 to the central party to the Electoral Commission and foreign donations from those not on the electoral register are not allowed. This limits the influence of pressure groups as they cannot ensure government compliance through donations as easily as in the US. This also brings more transparency and media attention to the government’s policy decisions and it’s connection to donations.
Examine how the powers of the US Congress and the UK Parliament are limited in different ways. (congress - different powers = equal vs commons superior to lords)
This means that the Senate and the House both have equal and important roles - both are elected. House - all bills regarding taxation and rasing revenue must start in the House and senate can ratify treated - start treaty extended (2023)
Whereas, although parliament is bicameral in nature The Lords is perceived to be less important in the legislative process in the UK as it is the unelected chamber and there are significant limitations placed on it. For example, the Salisbury convention prevented the house of lords from blocking legislation promised in the manifesto, The 1949 parliaments act reduced the House of Lords ability to block legilsation for only upto a year from 2 years. This shows that Lords have more limitations placed on them.
Examine how the powers of the US Congress and the UK Parliament are limited in different ways. (presidential veto vs royal assent and parliament power)
The US executive has explicit checks on the legislative branches through the presidential veto, which can limit Congress’s power to check the executive. Although, an override is possible this is not common and the president can still undermine Congress’s power. 2023, when President Joe Biden vetoed a resolution passed by Congress that aimed to block his administration’s environmental regulations. Congressional Research Service estimates that only about 7% of vetoes have been overridden by Congress as of 2024. This shows that a Presidential Veto can limit Congress’s power
Whereas, In the UK, there is no formal mechanism like the Presidential veto that can prevent legislation from passing, Royal Assent is a mere formality and so not an effective limitation on the power of parliament. This means that parliament has large amount of power over the passage of legislation and prime minister cannot alter the outcome of a vote. Even the Prime Minister’s ability to alter or influence votes is limited with the rise of backbench rebellions. The government proposed a tiered system of COVID-19 restrictions after the second national lockdown. More than 50 Conservative MPs voted against the tiered system, arguing that the restrictions were too severe and economically damaging. This shows that parliament does have dominance.
Examine how the powers of the US Congress and the UK Parliament are limited in different ways. (partisanship - limits leg in divided gov vs scrutiny and opposition without majority in Uk)
In the US, deeply partisan approaches lead to limitations in the passage of legislation, particularly in the case of divided government. After the 2018 Parkland shootings, The Background Check Expansion Act was proposed and passed the house with strong democrat support and some Republican but faced major scrutiny in republican controlled senate. 2013 - The Republican-controlled House of Representatives sought to defund or delay the ACA as part of a funding bill. The Democrat-controlled Senate and President Obama refused to negotiate on these terms, resulting in a deadlock. The republicans didn’t support ACA over concerns of government spend, government overreach.
In the UK, if the governing party doesn’t have a strong majority in common they may face intense scrutiny. After the 2017 general election, Theresa May’s Conservative Party lost its majority, resulting in a hung parliament. The withdrawal agreement was overwhelmingly rejected, losing by a historic margin of 230 votes showing discontent within her party and across parliament. May’s slim majority meant that rebellions within her party had more of an effect and as a prime minister she struggled to unite her party.
