USA Miss Alderson Flashcards

1
Q

What are the three comparative theories

A
  • Rational=focuses on individual e.g. president, senators, Mps, individual voters views
  • Cultural= focus on group e.g. pressure groups, political parties, voters groups, factions
  • Structural- Focuses on structures e.g. election processes, constitutions, legislative processes, sovereign bodies
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2
Q

What is the structure of the senate- “upper house”

A

-2 senators per state- each with 6 years
-all states have same representation-federal
-chaired by vice president-can vote to break a tie
-No limit on amount of time they can debate
- the senate decide whether a president will be impeached

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3
Q

What are the distinctive powers of the Senate

A
  • Senatorial courtesy
  • Nominations(appointments of ambassadors, judicial members, cabinet members)
  • Ratify treaties
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4
Q

What is the structure of the House of Representatives- “lower house”

A
  • directly represents the people- proportional representation
  • 2 year terms
  • 435 members
  • speaker of the house
    -limited time on debates
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5
Q

7 stage process of the Presidential elections

A
  • Invisible primary
  • Primaries and caucuses
  • Choosing a Vice Presidential Candidate
  • National Party Conventions
  • General election campaign
  • Election Day
  • The electoral College
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6
Q

What is stage one of the election process?

A

-Invisible primary
This is the period between candidates declaring an intention to run for presidency. This time is important for candidates to gain name recognition and money.
This is clearly elitist- their political strength is determined by money and popularity

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7
Q

What is stage 2 of the presidential elections?

A
  • Primaries and Caucuses
    Caucus states- hold a public meeting and a debate before voting by standing in a group and being counted- usually more radical active voters- most democratic system- they are free to vote how they wish.
    Primary states- depend on whether it is an open, closed or semi closed primary state- open- allow any voter, closed- only allow registered supporters of a party, which must be stated months in advance, semi-closed- allow voters to participate if they are registered or a supporter or an independent.
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8
Q

What is stage three of the presidential election process?

A
  • choosing a vice presidential candidate
    There must be a consideration of whether they offer potential for the government, they will unite the factions, and increase the representation within the party.
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9
Q

What is stage four of the election process?

A
  • The National Party Convention
    there’s a meeting held once every 4years by each of the 2 major and some minor parties to select the presidential and vice presidential candidates and write a party platform. each day has a theme and after the speeches the main candidate gets voted by the delegates from each state.
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10
Q

Are national party conventions still important?

A
  • Yes
    it is the only time that the national parties meet
    it is an opportunity to promote party unity
    can improve popularity in the polls
  • No
    The vice president is now announced before the convention
    there hasn’t been a second ballot since 1952
    Now only 3 days instead of 4
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11
Q

What is stage 5 and 6 of the presidential election process?

A
  • General election campaign and voting
    consists of TV debates, there are new rules trying to prevent big donors dominating, and election day is the Tuesday after the first Monday in November.
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12
Q

What is stage 7 of the election process?

A
  • Electoral College stage
    This is the institution established by the founding fathers to elect presidents indirectly. the presidential electors who make up the electoral college meet in their state capitals and cast ballots for the president. To win presidency the candidate requires more than 50% of electoral college votes
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13
Q

To what extent is the US presidential election system fit for purpose?

A
  • It is
    Primaries and caucuses- representative of state view of the candidates- however this is not the final decision
  • It isn’t
    It is elitist- invisible primaries being reliant on funding, the electoral college
    It is out of date- constitution and founding fathers set up the system based on the original 13 states- there was a fear of democracy- no democratic.
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14
Q

What are the constitutional requirements to become a president?

A
  • Must be a natural born American citizen
  • Must be at least 35
  • Must have been resident of the USA for 14 years.
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15
Q

What are the extra constitutional requirements?

A
  • Political experience (Not essential)
  • Major party endorsement
  • Personal characteristics
  • Ability to raise large sums of money
  • Good orator and good on TV
  • Sound policy ideas
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16
Q

Where does the money come from in terms of party funding?

A
  • Individuals
  • Interest Groups
  • Businesses
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17
Q

Where do campaign finances go to?

A
  • National parties
  • Presidential candidates
  • Super PACS
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18
Q

What is a super PAC?

A

A super political action committee which raises and spends unlimited amounts of money to support of oppose political candidates but without donating or coordinating with these candidates. The money is typically spent on adverts.

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19
Q

Laws created around campaign finance regulations

A
  • Federal election campaign act 1974(places legal limits on campaign contributions- private individual $2700 and group $5000 to individuals. There is a maximum expenditure limit on presidential campaign.
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20
Q

What are loopholes in these early laws on funding?

A

Soft money: money donated by interest groups or individuals that could not be regulated under the law due to loopholes in the law.
- Supreme court rulings- restrictions only apply to candidates not parties, candidates own money is exempt- they were based on the 1st amendment which made it harder to restrict donations
- The end of federal funding- if candidates reject federal funding they arent constrained by campaign expenditure limit

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21
Q

What is the Bipartisan Campaign reform act 2002?

A

Created due to the loopholes on funding
Banned soft money. It said adverts couldn’t be funded directly by unions or corporations. it said issue adverts mentioning a candidates name couldn’t be shown within a period of time before a primary(30 days) or election( 60 days).

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22
Q

What was the Citizens United vs Federal election commission in 2010?

A

A 5:4 ruling which struck down parts of the Bipartisan Campaign reform act created in 2002. this lead to the creation of Superpacs- had no campaign finance restrictions, they raise funds and spend it on campaign advertising.
In 2016 was suggested there were 2398 super Pacs that raised over 1.5 billion during that years election

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23
Q

NRA presidential funding

A

The funding that the NRA has given to the Republicans is 100% of their funding. They have given to 167 house of representatives. 77% of republicans accepted funding from the NRA in 2022.

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24
Q

Is the political funding system fit for purpose?

A

It is-
- Donations from groups and individuals is evidence of pluralism- if someone supports someone they should have the right to donate.
- Funding raises awareness for the public on candidates, parties and ideas- this encourages participation.
It Isn’t
- Elitism in action- money influences power e.g. NRA funding the individual senators, top 5 candidates in the 2020 election got the most amount of money
- Attempts at regulation haven’t worked- the supreme court have overruled attempts at transparency- the supreme court may argue that this is freedom of speech however it is evidence of a lack of transparency and the unfair system.

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25
Q

What is a proposition?

A
  • More commonly referred to as an initiative, is a process that enables citizens to bypass their state legislature by placing proposed laws and in some states, constitutional amendments on the ballot.
  • Examples of propositions is the Marijuana legalization 2016
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26
Q

What are the two types of proposals?

A
  • Direct- proposals that qualify go directly on the ballot.
  • Indirect- proposals are submitted to the state legislature which must decide what further action should follow.
27
Q

Referendums in the USA

A

Available in all 50 states. Voters can veto a bill passed by the state legislature. The referendum follows from the state legislatures actions. In some states there are certain measures to the voters for their approval in a referendum. Whilst the referendum is pending the law does not take place, if the law gains the vote it takes effect, if not then the law is vetoed.

28
Q

What is a recall election?

A

This enables voters in a state to remove an elected official from office before their term has expired. Recall elections can be seen as a direct form of impeachment. It is the political process whereby ordinary voters can remove a politician from office. 19 states currently permit the recall of elected offices through this process.

29
Q

Evaluation of recall elections

A
  • Increases democratic accountability
  • If used can destabilise the government( too much power in public)
30
Q

Democrat factions

A
  • Blue dog- centrist members of the democrat party. Fiscally and socially conservative, adopting socially liberal policies and promoting fiscal restraint.
  • Progressive Democrats of America- grassroots political action committee. opposes wars. the group called Biden to reject escalation of US involvement in russo-Ukrainian war. Supports expansion of medicare, protection of voter rights, end prison base gerrymandering. Supports reduction on dependence on fossil fuels.
31
Q

Republican factions

A
  • Christian right- socially conservative and traditionalist policies. believes Christianity should be shared through education, school prayer, temperance, Christianity nationalism- opposes biological evolution, embryonic stem cell research, LGBT rights, abortion, pornography.
  • Tea Party Movement- Bottom up- strict adherence to the constitution, limited government, reduced government spending and taxation, reduction of national debt and federal budget deficit.
  • More involved with MAGA differences- Moderate- speaker of House McCarthy, and Major MAGA Trump and Marjory Taylor Green.
32
Q

To what extent are US pressure groups too powerful?

A

Too Powerful
- Funding and electioneering creates too much power as it allows interest groups to directly influence a decision.
- Too much influence over the vote through voting cues and scorecards.
Not too powerful
- Sectional groups provide an aspect of pluralist democracy as they represent issues.

33
Q

What are the types of American pressure groups?

A
  • Sectional- represents their own section or group in society- business or trade groups-e.g. Trade unions
  • Sectional- Campaign for particular case-e.g. NRA
34
Q

Methods used by American Pressure groups

A
  • Lobbying
  • Political protests
  • Electioneering and endorsement- within pressure groups their are PACS: collecting money from members and give it to the candidates and political parties that support their interests.
    Voting cues and scorecards- provide legislators with voting cues- advise congressmen and women on issues- also publish scores ranking each senator on how they voted on key issues through the year which influences how much funding the groups provides to the parties and candidates.
35
Q

How much influence do the NRA have?
Pressure Groups

A
  • The NRA has been effective in ensuring that there has been relatively little gun control debate in recent years.

In 2016, the NRA spent more than $30 million on behalf of the Trump campaign of which $19 million went on attacking Hillary Clinton, according to Federal Election Commission data. It was a staggering number compared to 2012, when the group spent about $13 million to try to unseat President Barack Obama and elect Mitt Romney. The Trump campaign represented the lion’s share of the group’s spending- the NRA spent $54 million on the 2016 elections in total.
The NRA has used its influence to block over 100 gun control bills since the 2012 Sandy Hook shootings.
A recent poll showed that 66% of Americans want stricter gun laws.

36
Q

AFL-CIO trade union power?

A

With such a large membership the group can be very effective at election time, organising volunteers to help influence electoral outcomes. It registered 450,000 new voters in 2012 and made 80 million phone calls during the election campaign. 71% of the funding they have been given has been given to the democrats. In 2016 the trade union campaigned against trump focusing on marginal states and sent out 120,000 copies of anti-trump leaflets.

37
Q

Have pressure groups become more important than political parties in the US?

A
  • Campaign contributions and their ability to finance the campaigns of challengers- significant influence.
  • Rulings have allowed pressure groups to act as SUPER PACS and are able to spend unlimited sums of money on political campaigns which means they are unrestricted.
  • parties still retain their power- however sometimes when parties are divided pressure groups have stepped in when the government can’t make decisions.
38
Q

USA supreme court makeup

A
  • The supreme court is home to only 9 people.
  • The supreme court sits at the top of the federal judiciary.
39
Q

The membership of the Supreme Court

A
  • There is one chief justice and 8 associate justices.
  • They are appointed by the president and must be confirmed by the Senate.
  • Once appointed they have life tenure.
  • Can be impeached- no supreme court justice has ever been impeached
40
Q

Attitudes of the Justices

A

Justices could be either strict or loose constructionists:
- Strict constructionist- struct, literal, conservative- more hardlines, more efficient, more democratic.
- Loose constructionist- liberal- more flexible, more powerful, more pragmatic.

41
Q

What is John Roberts Supreme Court makeup?

A
  • 4 women, 5 men
  • 3 ethnic minority
  • 3 appointed by Trump, 2 by Obama, 1 Biden, 1 Big bush, 1 Little bush
  • 5 republicans, 3 democrats, 1 conservative leaning but neutral
42
Q

Supreme court role?

A
  • central role is to uphold the Constitution and its constitutional court. It determines the acceptability of actions.
  • Personnel are separate so no one in the executive or legislature work in the judiciary.
  • Life tenure
  • Salary is set and protected.
43
Q

How does a case get to the supreme court?

A
  • The Supreme court cannot initiate a case. They receive between 7000 and 8000 cases a year, they hear around 100.
  • Both sides are heard by lawyers and all 9 justices can ask questions.
  • A discussion in private then must lead to a majority of 5 vote.
44
Q

Appointment of Kavanaugh by Trump

A

There was controversy around Kavanaugh due to sexual assault accusations, this should have limited him from being a justice due to the fact that court justices should have a moral high ground as they have the power to create precedents.

45
Q

Garland case vs Amy Coney Barrett

A

Obama wasn’t allowed to appoint Garland due to the election being later that year, but trump was- this is due to the fact that Obama had completed the full term whereas Trump had opportunity to sit as president again. Amy Coney Barrett was used as a legacy justice to provide his viewpoints.

46
Q

What is judicial review?

A

the power of the supreme court to declare acts of congress or actions of the executive unconstitutional and thereaby null and void. By using the power of judicial review the court can, in effect, update the meaning of the words of the constitution, most of which were written over 2 centuries ago.Judicial reviews look at a wide variety of contentious issues on a number of issues such as gun control, abortion, freedoms of speech. Civil rights and liberties are protected by the Supreme court under this power.

47
Q

Judicial review cases that removed public policy

A
  • Citizens united v FEC 2010-The court held 5-4 that the free speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, including nonprofit corporations, labor unions, and other associations. The ruling effectively freed corporations (including incorporated non-profit organizations) to spend money on electioneering communications and to directly advocate for the election or defeat of candidates.
  • Shelby V Holder 2013- the Court ruled by a 5 to 4 vote that Section 4 was unconstitutional because the coverage formula was based on data over 40 years old, making it no longer responsive to current needs and therefore an impermissible burden on the constitutional principles of federalism and equal sovereignty of the states. The ruling has made it easier for state officials to make it harder for ethnic minority voters to vote.
48
Q

How effective is the supreme court in protecting rights of citizens?

A
  • The SC is extremely powerful with an entrenched constitution and power of judicial review. sometimes it can be constrained by constitutional amendments that overturn its rulings.
  • The vagueness of the constitution gives a huge amount of personal control. They often interpret the constitution in such a way that may not promote liberties apparent in the constitution.
  • Different ideologies claim different individual rights therefore can interpret the constitution in different ways.
49
Q

Cases that prove whether the justices protect rights of citizens

A

The justices attempted too but were ignored
- Brown V. Board of Education of Topeka, (1952-1954), was a landmark United States Supreme Court case in which the Court declared state laws establishing seperate public schools for black and white students to be unconstitutional. The landmark ruling was ignored with state failing to desegregate until congress passed the Civil Rights Act in 1964
The court did not protect
- Shelby County V. Holder. The Voting Rights Act was passed in 1965 to ensure state and local governments do not pass laws or policies that deny American citizens the equal right to vote based on race
- Repeal of Roe V Wade 2022. Lack of protection of womens rights, arguably protecting the rights of unborn children which could be seen as equal to the mother, however a lot of people in america believe that the womens rights take precedence.

50
Q

Case studies to suggest how the supreme court protects the rights and liberties of citizens.

A

1st Amendment protection
- Norman v Reed (1992) - Supreme court struck down an Illinois law that required a minor political party to obtain 25,000 signatures to appear on the ballot for the first time. They found it a violation of the First Amendment of the right to belong to an association. This does show that the supreme court is protecting the rights of citizens as in these cases it allows people to express their views whether this may be towards a party or to fund a campaign they believe in. Forbids congress from favouring a specific religion.
8th Amendment protection
- Baze V Rees- the court decided lethal injection did not violate the 8th amendment. This could be seen to not protect the rights and liberties of individuals as it undermines the right to life.
- Atkins V Virginia- court states that the execution of mentally retarded criminals infringed the 8th amendment. Arguably does protect rights and civil liberties as the vulnerable are protected.
- 14th Amendment
Roe V Wade repeal, shows a regression in the protection of rights.

51
Q

What is affirmative action

A

A programme of giving members of a previously disadvantaged minority group a head start in, for example higher education or employment.

52
Q

The supreme court and affirmative action

A
  • Regents of the University of California V Bakke 1978: The supreme court imposed limitations on affirmative action. The case involved the university’s medical school, the school reserved 16 places out of 100 each year for minority students. Allan Bakke a white student, was rejected twice even though minority students who had lower test scores than him were admitted. In a 5-4 decision the Court ruled that this constituted a violation of the equal protection clause of the 14th amendment.
  • In November 1997 voters in California voted in favour of Proposition 209 which banned all forms of affirmative action in the state. The Supreme court refused to review the Proposition, thus clearly indicating its belief that such an action was constitutionally permissible. As a result of Proposition 209 the number of black and hispanics entering some of the most prestigious Universities in the state dropped significantly.
53
Q

Evidence of affirmative action working

A

Grutter V. Bollinger, 2003 was a landmark case of the Supreme court concerning affirmative action in student admissions. The court held that a student admissions process that favours “underrepresented minority groups” does not violate the Fourteenth Amendment’s Equal protection clause so long as it takes into account other factors evaluated on an individual basis for every applicant.
- 60% of adult Americans surveyed by Gallup in 2016 said they generally favour affirmative action programs for racial minorities. But 70% said that they believe college applicants should be judged solely on merit.
- About half of Republicans believe affirmative action programs designed to increase racial diversity “are a good thing”.
- 84% of Democrats view affirmative action positively.

54
Q

To what extent is race an important issue in US politics?

A

Yes
- BAME is underrepresented in Congress- 38% population is ethnic minority, only 25% in Congress
- Shelby V Holder, makes it easier to make it harder for ethnic minorities to vote.
- Still problems for ethnic minorities- BLM movement
No
- Affirmative action righted the imbalance and protected rights to education.
- The 14th amendment attempts to encourage race rights and protect policies- it shouldn’t be an issue- however Shelby V Holder.

55
Q

Relationships between president and congress.

A
  • The president and Congress receive separate mandates which leads to both feeling they have the right to govern. Congresspeople and Senators tend to vote according to their constituencies’ views, not the presidents.
  • The president does not work alongside a team within congress, so cannot regularly promote or demote them. Unlike a British PM the President will typically choose a cabinet that lasts for the full 4 years of their presidency.
  • There is a possibility of bipartisan control or divided government between the president and Congress due to the way they are voted in.
56
Q

Agenda setting and shaping legislation

A
  • The president is in stronger position to claim a national debate to set the national policy agenda, especially due to media strengthening the presidents mandates.
  • Congress is the sole legislative body so it can set the national agenda.
57
Q

Executive orders

A
  • An official document issued by the executive branch with the effect of law through which the president directs federal officials to take certain actions. They do not require congressional approval.
  • However, congress can overturn them by passing legislation that invalidates them or instead refuse to provide the necessary funding to carry it out.
58
Q

President and Supreme Court

A
  • The president’s only formal power over the supreme court is with nominations at the time of vacancy.
  • The extent to which this gives power to an individual president is arguably very limited. Most presidential appointments make little or no difference to the overall ideological balance of the court. Justices choose when to retire and typically do so when they are aligned to the current president.
  • Presidents can influence the composition but have virtually no influence over any of the justices who make decisions including the ones they appointed. Justices have a life tenure so the president can make no threat of removal against them. Also most presidents only make one or two appointments during their presidency.
59
Q

What limits presidential power?

A
  • Popularity (cultural theory)
  • Events (structural and rational theory)
  • The elections Cycle (structural)
60
Q

The role and power of the president in foreign policy.

A
  • Foreign policy is arguably the area that the president can dominate.
61
Q

Who controls foreign policy in terms of the constitution?

A

The president
- The constitution gives the president power- they are the commander in chief role gives the president huge constitutional authority over military policy
- The president as head of state and chief diplomat allows them rather than Congress to conduct foreign relations with other countries.
Congress
- The constitution gives congress the power to declare war.
- Congress has funding power which it can use to control military action. Congress can refuse to fund to prevent action abroad.

62
Q

Who controls foreign policy in terms of politics?

A

The president
- The president as an individual has more authority.
- Congressional leaders have attempted to take control of foreign policy; they have often received widespread criticism for usurping the traditional roles of the president.
Congress
- The separation of powers encourages individual members of congress to respond to constituency views. If public oppose presidential foreign policy members, congress are likely to challenge them.

63
Q

Who controls foreign policy in terms of practicality?

A

President
- Changes in war technology have altered relationship between congress and president. The president can make decisions with greater speed, more secrecy and expertise.
- The president holds information that is classified, therefore congress can’t always understand what is happening and has to trust the president.
Congress
- Much depends on the type of foreign policy being conducted. Congress has its own expertise in some areas of foreign policy such as treaty making and trade deals.