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Politics A-Level United States (DONE)


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What is a Constitution?
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-Refers to where Principles and Practices outline how the Political System runs, where Power is located, and the Relationship between the Government and those Governed

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Politics A-Level United States (DONE) - Details

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What is a Constitution?
-Refers to where Principles and Practices outline how the Political System runs, where Power is located, and the Relationship between the Government and those Governed
When was the US Constitution ratified?
-In 1787, the USCON was created. Between 1787 and 1790, the 13 Former British Colonies were Transformed into the Sovereign Country of the United States of America.
How is the US Constitution set out?
-7000 Words is the Total Word count, making it quite Short and Vague in some Sections -It is divided into 7 Articles, with 27 Amendments included. -Outlines the Powers of each Branch of Government, and how the USA would operate as a Democracy
What are Enumerated Powers?
-These are powers that the Constitution lies out Explicitly, and given to a Branch of Government. E.g: Congress can Impeach the President
What are Implied Powers?
-These are powers that are Interpreted from the Language that the USCON provides. The Branch of Government exercises it, without it being completely Explict -An example: the 'Necessary and Proper' Clause allows Congress a much Greater Scope over what laws it may Pass, than is Explicitly laid out. Executive Orders are also another Example.
The USCON being Entrenched does what? How can it be changed? Where does it state for the Amendment Process?
-This makes the USCON hard to change -To Change it requires a Supermajority for any Formal Amendment to be added. This is quite Hard, which is why such few Amendments have been added in its 200+ years lifespan -Article V (5): Outlines the Amendment Process
What are the Main Enumerated Powers of Congress? (Article I)
-All Legislative Power, Power to lay and collect Tax, Regulate Commerce, Coin Money, Declare War, Override President Veto, Impeach, Investigation, Treaties Ratification, Appointments (In Article II)
What are the Main Enumerated Powers of the President? (Article II)
-Recommend Legislation, Sign or Veto Legislation, Commander in Chief, Nomination of Judges, Pardon
What was the USCON aim with the 3 Branches of Government?
-Not one Branch is too Powerful in the US Political System -All branches have Effective Checks and Balance systems in Place for the other Branches
What does Article IV, V, VI, VII deal with?
-Article IV: Role of the States -Article V: Amendment Process -Article VI: Supremacy of the US Constitution to the other Laws -Article VII: Requirements of Ratification of the Constitution
How can an Amendment to the USCON be done?
-Firstly the Federal Level: It can be done with 2/3 of Each House of Congress voting to a Proposed Amendment OR 2/3 of the States call a National Constitutional Convention calling for an Amendment. -Then the States Level: 3/4 of the State Legislatures voting to Ratify the Amendment OR 3/4 of the States holds Constitutional Conventions and Vote to Ratify the Amendment
Brief go through the Development of the Amendments to the USCON
-Bill of Rights (1-10) protects Freedoms such as Speech, Religion and from Cruel and Unusual Punishments. And reserves all other Powers not mentioned in the USCON to the States -12th, 20th, 22nd, 25th clarifies the Presidential Election and Succession Procedures -13rd-15th: The Civil War Amendments. Ensures that Freed Slaves are treated Equally under the Constitution -16th: Allows Congress to Raise Income tax, and the Only Amendment to Overturn a SCOTUS ruling -17th: Changes the role of Senator to being Electable and not Appointed -18th: Banned the Production and Sale of Alcohol. -21st: Overturned the 18th -19th & 26th: Changed Voting Requirements, removed Gender Requirements and lowered the Voting Age to 18
What are the Advantages of the Amendment Process?
-Requirements of the Supermajorities need Broad Support of the US Population of the Amendments -Protects the Constitution from being Changed by a Short-Lived Opinion -Prevents Tyranny of the Larger States over the Smaller States. The Smaller States have huge influence in this Process. States also ensure they have the Final Say in any Amendment Process -This Works
What are the Disadvantages of the Amendment Process?
-The Supermajority makes it Difficult to pass Amendments, making the USCON outdated -Because of the Requirements of the Supermajority, Minority Interests may be Ignored. -Mistakes have been made with the 18th and 21st -It is quite possible for a Small Number of States with little Populations to block the Amendment Process, even if there is Broad Consensus
What is a Principle, when referring to the USCON
-Basic Idea of Belief which sketchers the Framework for American Democracy and is embedded within the USCON
What is a Federal Government? Refer to America
-A Federal Government refers where 2 Levels of Government exists with their Own Powers -In America, there is the 'Federal' (National) Government and the State Government
What does Federalism mean?
-Refers to the Principle of Sovereignty being shared between the National / Federal Government and the States. Each level has their own Power and Responsibility
How does the USCON protect the Power of the States
-The Tenth Amendment: All Reserved Powers goes to the State. This includes: Education, Criminal Law, Health and Safety, Family Law and Transportation -States can control how the Election are run in their States -The Amendment Process needing the Consent of the States -States had Appointed their Senators, until 1913
How does the USCON protect the Power of the Federal Government
-Enumerated Powers in Article I, II, III -Implied Powers like the 'Elastic Clause' -Power to Raise Taxes so that the Fed Government is Funded
What does the 10th Amendment Power State?
-The Powers not Delegated to the US by the Constitution, nor Prohibited by it to the States, are Reserved to the States respectively, or to the People
What is the Separation of Powers?
-Refers to the Division of Government into Separate Bodies. In the USA it is Separated to the: Legislature (Congress) - Executive (President) and Judiciary (Supreme Court) -Each branch has its own Powers, Personnel and Buildings
Why did the Founding Fathers create the Separation of Powers?
-To Ensure that America did not face tyranny that it did from the British -Making sure that one branch did not hold Too Much Power, and encouraged Cooperation between the Branches -An Example: Jeff Sessions stepped down as US Senator to become Trump's Attorney General
Why did the Founding Fathers create Checks and Balances between the Branches?
-This was to ensure that 1 Branch is not too Powerful from the rest
What Checks do Congress have?
-Can Override the Presidential Veto with a 2/3 Supermajority in both the House and the Senate -'Power of the Purse' - The House, as it represents Taxpayers, Controls the Budget and thus the Money the President is Allocated -Senate can Ratify or Reject Treaties and Appointments put to them by the President -Congress can Impeach the President for Egregious reasons
What Checks does the President have?
-Veto any Legislation from Congress -Recommend Legislation from the State of the Union Address -Power of the Pardon -Nominating Fed Offices and Justices
What does Limited Government mean in terms of the USCON?
-Refers to the Government being Subject to Restrictions placed on its Actions and Powers
Why did the Founding Fathers want a Limited Government?
-The Idea was to create a Government that would not tread on the Freedoms of its Citizens or States. -Within the USCON, there are Requirements that can Stop the Fed Gov from acting in however it Wishes.
How is there Limited Government in place?
-The Separation of Powers and Numerous Checks and Balances ensures the Government is never too Powerful -Bill of Rights protects Basic Freedoms of American Citizens, which may not be Explicitly laid out in the USCON. The 9th Amendment is a Prime Example -States rights and Powers are intact and Strong
What did the Founding Fathers think about Political Parties?
-The Founding Fathers were not much in Favour of Political Parties, but some believed it would occur Inevitably. -The word: Bipartisanship does not show up at all in the USCON
How does the USCON talk about Bipartisanship, even though it is Never Mentioned?
-Staggered Election Cycle, in the House every 2 Years, 1/3 of Senators evert 2 Years and Presidents every 4 Years allows Different Parties to control Different Branches of Government -Supermajorities in the Amendment Process and the Overriding Veto needs Party Cooperation. -Checks and Balances in the USCON that for anything to be Achieved, the Different Branches must work Together
What was the Goal of Federalism that the Founding Fathers attempted to Construct?
-A Balance had to be reached in order for the Diverse, Large United States to have a National Government that can Defend itself, and enshrining States to have their own Powers -Federalism aimed to be the Compromise
Which SCOTUS rulings made the Federal Government Supreme over the States?
-1810: Fletcher vs Peck. This allowed the Supreme Court (Fed Gov) to strike down State Laws if it was Unconstitutional -1819: McCulloch vs Maryland: Made the Precedent that the States could not prevent Fed Gov from using its Constitutional Powers -1824: Gibbons vs Ogden: Allowed Congress that Authority to control trade Between the States of America, using the 'Commerce Clause' within the USCON
How has the Relationship, after the 3 SCOTUS rulings between 1810-1824, changed between the Fed Gov and State Gov?
-Dual Federalism: 1787-1930s. This had State and Federal Governments have roughly Equal Amounts of Power in Different Areas. States could run their own Domestic Affairs -Cooperative Federalism: 1930s-1960s. Division between the Fed and State Government became Harder to Distinguish thanks to the New Deal and FDR. The Great Depression and the Second World War needed Fed Intervention in previous State Policy -New Federalism: 1960s-now. Attempts for Power that the FED took and return back to the States -Now: The Relationship has gotten so Complex and Flexible that not a single Theory can accurately Describe what is Going on
Case Study: Describe the Complex Federal-State Relationship with Marijuana
-1970: Congress made Marijuana Illegal Class I Drug under the Controlled Substances Act. Since the 'Supremacy Clause' of the USCON makes Federal Law trump State Law, it was Illegal across the USA and was Enforced by the DEA -1973: Some States thought Marijuana was Acceptable, and Decriminalisation begun in Oregon 1973; Allowed for Medicinal Usage in California 1996; Recreational Purposes in Colorado 2012 -This is Despite the fact that on the Federal Level, Marijuana is Illegal -So where the State has Legalised Marijuana, the Federal Law Enforcement Agency can Arrest for breaking Federal Law. But the Local Law Enforcement will not Arrest as you have not broken the State Law. -As more States legalised, the Fed Gov had to Change. USA Justice Department in 2013 would only Prosecute Marijuana if Guns were Involved. Attorney General Sessions in 2017 Rescinded that. -2023: While Marijuana is still Illegal at the Federal Level, only 3 US States have outright Banned it
How did Obama change Federalism in USA?
His Administration had Considerably Blurred the lines more between the Federal Government and State Government. -Obamacare made States provide 'Healthcare Exchanges' but the Details of they are Set up and ran are given for the States Responsibility -1/3 of the $787 Billion after 2008 was given to State Governments to Spend. This was huge -SCOTUS protected States Powers in some Cases (Gun Control) while also protecting Federal Government (Obamacare and Same-Sex Marriage)
How did Trump change Federalism in USA?
Being Republican, Trump would assert State's Rights, unless a National Response is needed -The T$2.2 Trillion COVID-19 relief Bill had directly given $150 Billion to States and $300 Billion to Households. -Protests after the Death of George Floyd made Trump launch a National Response. Cities such as Portland refused his Help and allowed the Protests to carry on -Trump would create a Commission to allow 'Patriotic Education' and a 'Pro-America Curriculum' in all Schools. This interfered with the State's Powers on Education -SCOTUS protected States Rights in some places (Voting rights, Gerrymandering) and Federal Power (Abortion, LGBTQ+) -Trump championed a State's Rights Approach and gave the States the ability to roll out their Environment regulations (ie. energy efficiency), Healthcare (Stopped enforcing the invidivial manage in the Obamacare), and Education (Getting rid of the Common Core)
How did Biden change Federalism in USA?
-Biden had increased Federal Funding greatly such as the American Rescue Plan and Infrastructure Investment and Jobs Act. This directed more Federal activity toward the States. -Executive Orders have been used by Biden to bypass Federal-State collaboration during the Pandemic and COVID-19 -Biden did say 'I can't set nationally who gets in line (for the COVID-19 Vaccine), when and first - that's a Decision the States make.' This signifies that Biden did respect state authority in some Matters -SCOTUS enforced both the Federal Activity (Immigration enforcement policies: US vs Texas 2023) and also Respected States' rights in others instances (National Federation of Independent Business vs Department of Labour: SCOTUS struck down the Vaccine Mandate)
When talking about Federalism, what is still Clear today? Which statements are true?
-Federal Government dominates Foreign Policy, including War and Treaties -The 'Commerce Clause' in the USCON gives the Fed Government Control over the States in Domestic Policy -Enforcement of Federal Law relies on State Law Enforcement and Courts -SCOTUS can change, or uphold Legislation at State Level The nature of US Federalism has resulted in a Complex Legal, Economic, and Court System with Punishments, Taxes, and Public Policy differing Massively in each State -Size of the US in landmass and population means States and Local Governments have Considerable Control over the Citizen's daily lives -Diversity of America keeps Developing. By 2060, the Hispanic/Latinx Americans will make up almost 30% of the US Population
What is the difference between a Liberal and Representative Democracy?
-Liberal Democracy: Protecting the Rights, free and fair election, and a Limited Government -Representative Democracy: People elect officials and they represent them in Institutions of Government as Trustees. -The Difference lies in how the Leader may be Chosen, though, both of these Types of Democracy can exist in a Nation
How does the USCON uphold Representative Democracy?
-The House of Representatives is Elected Directly by Citizens of each State, as well as a 1/3 of the Senate, every 2 Years The number of Representatives is kept Roughly Proportional to the Population. Every 10 Years there are Changes. Texas Gained 2 Seats in 2020 -Frequent Election Cycle gives the Congressional Person a need to pay close attention to their Voters -Constitutional Amendments have upheld representative democracy: Women and those 18+ can vote, as well as the Senate being an electable body
How does the USCON go against Representative Democracy
-States are unequally represented in the Senate via the Great Compromise. Wyoming and California have the same number of senators, despite California having 68x more people -Representatives are unequal in the House. In 2020: the average Delaware District had almost a Million people, but in Montana, the district was roughly had 542k people -The Electoral College limits the Public Vote impact. The Election Winners of 2000 and 2016 did not win the popular vote
How does the USCON uphold Liberal Democracy?
-Key rights are Protected by the USCON for all Citizens. The 1st Amendment protects Free Speech, Press, and Religion -The USCON sets the Rules out for Elections, as well as Terms, Electors, and Control over Elections. Frequent Election Cycle allows high Accountability -Separation of Powers protects Rights and prevents Tyranny of Government. SCOTUS struck down State and Federal laws to protect LGTBQ+ Rights.
How can the USCON being Codified be seen as a Strength and a Weakness?
-Strength: Powers of Government are set out and the Document is Judiciable (Ruled upon) making it difficult for one branch to become Tyrannical. Example: Executive Orders -Weakness: The USCON is Rigid and can become Outdated. This can leave Aspects of the USCON completely Irrelevant to Modern Day. The Second Amendment is a prime example
How can the USCON being Vagueness be seen as a Strength and a Weakness?
-Strength: Makes sure the USCON is Reinterpreted over time, without the Need for Long, Painful Amendments. Abortion is a Prime Example -Weakness: Branches of Government can Expand their Power which can Diminish the other powers given to the Other Branches or the States in the USCON. Example: Power to Declare War
How can the USCON Amendment Process be seen as a Strength and a Weakness?
-Strength: The Process clearly works as there have been 27 Amendments. This makes the USCON updated to the wishes of the Population in a Representative Democracy. The 26th Amendment is an Example -Weakness: The Slowness and Complexity, as well as Minority rights to be ignored can make the USCON less relevant and outdated. The 27th Amendment took 202 years to pass. Not even a joke
How can the USCON showcasing Separation of powers be seen as a Strength and a Weakness?
-Strength: The USCON gives each Branch Enumerated Powers and Checks on the other branches. This can make the Government Limited, Scrutinised, and Representative to the People. Trump and the Tax Cuts and Jobs Act -Weakness: Gridlock tends to occur because power is Divided. A Government not functioning properly can mean its Promises are not Executed. The 2019 Shutdown is a prime example
How can the USCON being Federalised be seen as a Strength and a Weakness?
-Strength: From Guaranteeing powers to States via the 10th Amendment, the USCON upholds Federalism. This protects the Rights and Differences the 50 States have in the Federal Government that have become increasingly Active. Example: States responding to George Floyd Protests -Weakness: The Rights of States are being Eroded by Federal Policy and the SCOTUS. As the Population reaches more than 300 Million, Individual Rights come at the cost of the State's identity. Abortion is an example
So what are the Positive Impacts that the USCON has on the Government today?
-Each Government Branch has Explicit Powers that will Never be Removed. This ensures each Branch of Government is Relevant, even during a Divided Government -Frequent Elections makes Representatives to listen to their Constituents -Acceptance of Judicial Review can allow Disagreements to be settled in the Supreme Court -The Need for branches to work together via Checks and Balances means the Majority interests are Upheld, ensuring Popularity for the Government
What are the Negative Impacts the USCON has on the Government today?
-Separation of Powers and Checks + Balances leads to Gridlock, making the Government unable to Govern -Federalism means Sovereignty is Shared, reducing the Federal Government Powers, and allows for the State to Sue the Fed -Role of Judicial Review can make Minorities stall the Government Functions -Vagueness of the USCON has developed 'Loopholes' to be Explored, such as Executive Orders. This can lead to a Branch dominating.
What is KEY to include when talking about the Impacts of the USCON to the Government?
-The Circumstances of what is going on in America -If a National Crisis prevails, Controlled by one Party, or a President has just been Elected, the Fed Government is more Effective -If Congress is Divided, Approval Ratings are Low, or the President is in his Later Years of his Term, the USCON becomes a much Bigger Hindrance
How many 1. Federal Governments 2. State Governments 3. Local Governments In America? What does this say about Federalism
1. The One and Only Federal Government in Washington D.C. 2. 50 State Governments, for the 50 States of the United States 3. 89,004 Local Governments. This is huge and can highlight the Extent of Federalism right down to the Local Area
What does the Number of State and Local Governments do to USA in terms of Federalism?
-Rights of Citizens are Different between each State. The Legal Driving Age, Age of Consent, or the Right to use Marijuana. -Criminal Punishment differs between the States. 25 States have the Death Penalty as a Legal Form of Punishment with 5 Different Execution Methods -Elections run to State rules. Some States use Punch cards, other uses Electronic Voting. The Different practices between the States during COVID-19 led to Election Controversy in 2020 -Taxes differ Greatly across America. Sales Tax, Income Tax, and Property Tax are examples. -Judicially, the Court System is different in each State, and they have used the Federal Court to Challenge their Rights. The States have fought with SCOTUS over Immigration, Gerrymandering and Abortion -Some Federal Policies like Obamacare require State Enforcement for Effective Results. This can lead to Differences in the States rights
How are the UK and US constitutions different in terms of Codification?
-Britain: Uncodified, so it very Flexible -America: Codified, so it Difficult to Amend
Explain why the Rational theory may be not as useful when comparing the UKCON and USCON
-There is not a lot of Individuals to act Selfishly when Considering Constitution -But it could be applied when considering Differences in Federalism and Devolution, as well as Separation of Powers vs Fusion of Powers -For Example, Congressional People may care more for their Constituents, whereas in the UK, MPs care more for their own Party
How are the UK and US constitutions different in terms of Sources
-Britain: The UKCON is from a Range of Sources, alongside Statue Law, Common Law, and Works of Authority -America: The Main Source is the Actual Document itself. The 27 Amendments and the SCOTUS Interpretive Amendments makes a Part of the USCON too
Explain why the Rational theory may be not as useful when comparing the UKCON and USCON
-There is not a lot of Individuals to act Selfishly when Considering Constitution -But it could be applied when considering Differences in Federalism and Devolution, as well as Separation of Powers vs Fusion of Powers -For Example, Congressional People may care more for their Constituents, whereas in the UK, MPs care more for their own Party
How are the UK and US constitutions different in terms of Powers?
-Britain: Fused Powers allow the Government to Dominate the Parliament. This can lead to an Elective Dictatorship -America: Separation of Powers allows one Branch to be Dominant by Dividing powers. Can lead to Gridlock
Explain why the Rational theory may be not as useful when comparing the UKCON and USCON
-There is not a lot of Individuals to act Selfishly when Considering Constitution -But it could be applied when considering Differences in Federalism and Devolution, as well as Separation of Powers vs Fusion of Powers -For Example, Congressional People may care more for their Constituents, whereas in the UK, MPs care more for their own Party
How are the UK and US constitutions different in terms of Checks and Balances
-Britain: C+B is limiting, as the UKSC, though more Active in challenging the UK Government, power still Rests with the Government -America: C+B is clear, as the power of Each Branch prevents the other branches from becoming too Powerful. Again, it can lead to a Gridlock, or Loopholes developing.
Explain why the Rational theory may be not as useful when comparing the UKCON and USCON
-There is not a lot of Individuals to act Selfishly when Considering Constitution -But it could be applied when considering Differences in Federalism and Devolution, as well as Separation of Powers vs Fusion of Powers -For Example, Congressional People may care more for their Constituents, whereas in the UK, MPs care more for their own Party
How are the UK and US constitutions different in terms of Sovereignty
-Britain: Parliament has all Sovereignty, in theory. The Parliament and Government therefore have Considerable Power -America: Resides in the Document which dishes them to Federal and State Governments. The Supreme Court also has some Sovereignty as it can Interpret the USCON.
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Explain why the Rational theory may be not as useful when comparing the UKCON and USCON
-There is not a lot of Individuals to act Selfishly when Considering Constitution -But it could be applied when considering Differences in Federalism and Devolution, as well as Separation of Powers vs Fusion of Powers -For Example, Congressional People may care more for their Constituents, whereas in the UK, MPs care more for their own Party
What Similar Impacts do the UKCON and USCON have?
-Each can create a Limited Government as well as Governments that seem to have No Checks on them. It depends on the National Circumstance -Both attempt to Create a Powerful Central Government which is Supreme to the Countries or States in the Union/Kingdom -Both led to a 2 Party System Essentially, less so in Britain -Both have Elements not keeping up with Liberal and Representative Democracies -Both make sure the Citizen's Rights and Protected and Judiciable.
What are the Different Impacts that the UKCON and USCON have?
-US Politics in the 21st Century has encouraged Hyper-Partisanship, but the Constitution encourages Bipartisanship. The UK Government though can get a Majority which means it doesn't need to work with the Other Parties -Rights in the US are better Protected as the USCON is Sovereign. SCOTUS however can Politicise them. In Britain, a new statute law can Remove the Rights, but an Independent Judiciary can Challenge the Government better. The nature of Devolution in the UK has given Third Parties a chance to Succeed at the Local Level: Lib Dems in the Council Elections. But in the USA, even at the Local Level, the Republicans and Democrats are usually Dominate. -Some of the Undemocratic Elements of the UKCON is being Reformed, while the USCON such as the Electoral College still Remains and probably will not change Ever
What is the Key Difference between British Devolution and American Federalism?
-In America, Federalism makes power Flow UP from the States to the Federal Government -In Britain, Devolution makes power flow DOWN from the Central Government to Devolved Bodies which exist because of the Central Government
What is the Similarities between British Devolution and American Federalism
-There are Regional Differences in both Britain (Tuition Fees) and USA (Marijuana) -Central Government has Authority on Policy Areas of National Interest, such as the Ability to Declare War -Central and Regional Governments have Disagreed. Scotland recently with the Transgender Bill and Abortion Rights after the SCOTUS ruling -Law from Central Government is usually Superior to Regional Laws/
What is the Differences between British Devolution and American Federalism?
-In the US, the States have Sovereignty by the USCON which Guarantees their Powers. In Britain, the Devolved Parliaments exist as a result of a Parliamentary Statute, which can be revoked at any time -The Judicial Nature of the USCON allows States to challenge the Federal Government. In Britain, this is also possible, though, the Lack of Sovereignty of the UKSC can make their rulings ignored. -Powers of the Devolved Bodies are not Equally Shared. Each Body has its powers. But in the States, they are all Equal and Powerful.
What is 1. Rational theory 2. Cultural theory 3. Structural theory
1. Rational theory: Outcomes are explained because Individuals are acting Selfish 2. Cultural Theory: Outcomes are explained because People are acting because of a Shared Belief or Ideology 3. Structural Theory: Outcomes are explained because of the Institutions and Systems of Governments
Explain why Most of the Differences between the UKCON and USCON is best seen via Structural theory?
-Most Differences exist because of the Systems and Processes in each Constitution i.e. the Amendment Process, Allocation of Power -These Processes in turn outline how Power is Distributed and Used. For Example, the Extent of Checks and Balances differs because of the Nature and Location of the Constitution
Explain how a Cultural Theory can also apply when Comparing the UKCON and the USCON
-The UKCON has a Long, Evolving History, but the USCON was made more quickly because of the Circumstances involved -The 'Shared Beliefs' of those Respective Nations are Evident in their Constitutions, because of the Historical Experience. Scottish Nationalism led to the Independence Referendum of 2014; the U.S. states yearned for Autonomy from a Tyrannical British Empire. -This can be why the Differences in Branches exist in the UK and USA. In Britain, the Fused Powers are largely Accepted, whereas, in the USA, a Limited Government prevails.
Explain why the Rational theory may be not as useful when comparing the UKCON and USCON
-There is not a lot of Individuals to act Selfishly when Considering Constitution -But it could be applied when considering Differences in Federalism and Devolution, as well as Separation of Powers vs Fusion of Powers -For Example, Congressional People may care more for their Constituents, whereas in the UK, MPs care more for their own Party
What were the key principles that the Founding Fathers wanted Congress to fulfill?
-Checks and Balances, with checks Within the Legislature, and between the Executive, Legislature, and Judiciary -Different term lengths providing different Representation in Congress. Senators are every 6 Years, making them less sensitive to Public opinion than Members of the House of Representatives, which are every 2 years -Protecting State Interests. The Senate demonstrates this clearly, with each state getting 2 Senators and only 2. This protected Smaller States, though enrages the big states such as California and Texas.
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What are the Requirements to be a member of Congress?
-For the House: Members must be at least 25 Years Old, and have been a Citizen for 7 years -For the Senate: Members must be 30 years old, and have been a Citizen for 9 Years
What are the Main Differences between the House and the Senate?
-Total Membership: 435 in the House, 100 in the Senate -Title of Member: Representative vs Senator -Term Length: 2 Years vs 6 Years -Constituency: District vs State -Number per State: Roughly Proportional to Population vs 2 per State
Who is the most Powerful Person in the House of Representatives? -Why are they the most powerful?
-This is the Speaker. The House Majority Party will provide the Speaker, and will attempt to Unite their party and give out Policy Leadership. -They are also Second in line for the President, after the Vice President -Often, they will determine the Agenda of the Majority Party, and so thus the House in general.
What role does the House Majority, and Minority Leaders, do in Congress?
-The House Majority Leader is seen as the speaker's Deputy. -The Minority Leaders in both Chambers head the Minority Party and aim to be Speaker or Majority Leaders.
Describe the election cycle for the House and the Senate
-Elections for the House and the Senate take place every 2 Years, via the FPTP system -Every member of the house is put up for election, whilst only a third of Senators are put up for elections. That is because Senators have 6-year terms -This allows for the House to have frequent checking up on, and the Senate to have intervals, but still allows the Majority party to retain some control of the Senate -It can also be seen as a Check on how well the President is doing. Usually, they lose seats and their Majority overall, with only 7 US Presidents increasing their seats in one Chamber, and 2 US Presidents doing both.
Who is the 1. Speaker of the House 2. House Majority Leader 3. House Minority Leader -And what is the current Composition?
1. Mike Johnson, since October 25th 2023 2. Steve Scalise, since January 3rd 2023 (R) 3. Hakeem Jeffries, since January 3rd 2023 (D) -Out of the 435 members, 222 are Republicans, 213 are Democrats
Who is the 1. Vice President / President of the Senate 2. Senate Majority Leader 3. Senate Minority Leader -And what is the Current Composition?
1. Kamala Harris, since January 2021 2. Chuck Schumer, since January 2021 3. Mitch McConnell. Since January 2007 -Out of the 100 Senators, 49 are Republican, 48 are Democrats, and 3 are Independents, that side with the Democrats usually.
Why can Midterm elections be significant?
-Presidents can see a Major Decline in Power by losing Congress Control. Legislation may screech to a Halt -Midterms can change the Policy direction of America -It can lead to major Gridlock between the President and Congress, or even between Congress itself
What happened to Obama after the 2010 Midterms elections?
-The Democrats had lost control of the House, making it hard for Obama to do his legislative goals. -During the elections, the Republican Party made a National pledge: The Pledge to America. This gave the Speaker, John Boehner, a mandate to change. -The failure of Both sides to agree on Budget issues led to a 16 Day Federal Government Shutdown in 2013. When the Democrats lost control of the Senate in the 2014 Midterms, because of legislation gridlock, led to Obama's legislative goals dead in the water.
What powers does the House of Representatives have only?
-Bring forward Impeachment Charges: This can happen when the House wants to charge any public official. This must relate to reason, bribery, or a High Crime Misdemeanour. Trump in 2019 and 2021 had impeachment charges brought against them. A Simple Majority is needed -Elect the President if no candidate gets 50% of the Electoral College: Each state in the House gets one vote on the President of the USA. However, the FPTP makes this scenario hard to achieve, and only been seen in 1800 and 1824. -Considering Money Bills: Revenue raising bills, such as Taxes, must begin in the House. Comparing it to other bills, where they can begin in the Senate as well. The Senate does have a say in the Money Bills, and can Amend or Reject.
What powers does the Senate have only?
-Try an Impeached official. If the House votes for Charges, the Senate holds the trial. 2/3 of the Senate must vote for the Removal of the President to occur. Both impeachments trail Trump's failure in the Senate. -Ratify Treaties: Only the Senate can accept/reject treaties from the President. The Senate allowed for the START Treaty in 2010 but rejected the UN Treaty on disabled rights in 2012. Executive Agreements are seen as a way to Bypass the Senate -Confirm Presidential Appointments: Over 1200 Positions are scrutinized and Voted on by the Senate. The Senate will investigate and hold committee hearings, then vote to confirm the Appointment with a simple majority needed. With the Majority in the Senate, Trump got some pretty interesting figures such as Betsy DeVos as Education Secretary. (Guns in schools to not allow Grizzly Bears!)
Between the Senate and the House, which Chamber has more Significant Exclusive powers?
-The Senate is seen as more significant, as it can use its exclusive powers more Regularly, and has more Impact on Presidential Power and US Public Policy -The fact that it can vote on Impeaching the President, or block his Cabinet positions is Huge.
Which Concurrent Powers does Congress have? (Both the House and the Senate)
-Legislation: Article I gives all Legislative Power to Congress. Both Chambers's approval is needed for any Legislation to be given to the President. Congress can Amend, and reject Presidential Blocks. 2017 saw the American Healthcare Act (trying to reform Obamacare) which was accepted by the House, but Blocked by the Senate -Amending the USCON: Power here is shared between Congress and the States. 2/3 of each Chamber is needed for an Amendment to be considered -Declare War: Ambiguity lies here, because of the President being the Commander-in-chief. But the Founding Fathers gave Congress the power to begin Military Conflicts. 1942 was the last time this happened, with the Declaration of War against Hungary, Bulgaria, and Romania.
Case Study: What happened between Biden and the AUMF?
-Congress last declared war in 1942, but obviously, the US has engaged in numerous wars after WW2 -Congress has allowed military Actions via AUMF - Authorization of the Use of Military Force. This was in response to 9/11. It allows the President tot use 'Necessary and Appropriate force against attacks. -The AUMF for Iraq was repealed in 2023, due to the President mis using it
What are the 3 Main Functions of Congress?
-Representation -Legislation -Oversight
What is the Incumbency re-election rate in US Congress?
-In the 2022 Elections, the House was 94.5% and the Senate was 100%. Insane.
Why is the Incumbency re-election rate so high?
-The Winner-takes-all Electoral System (FPTP) creates safe seats. This means the person in office will always be likely to get Re-Elected as they represent the party with Dominant Support. An example is Don Young, who has been in the House since 1973, until he died in 2022. Alaska has only voted for Republican candidates for the 21st Century -Being an Incumbent gives them advantages that Political rivals can not enjoy. Incumbents have more name recognition, leading to more media coverage and effective campaigns. Furthermore, the use of pork-barrel legislation allows for benefiting their constituencies when a congressional bill is being discussed. -How easy it is for money to be raised when you're an incumbent Senator or House member, which in turn, helps how effective the campaign can be. -Gerrymandering: A party in control of the State Legislature can draw up Congressional district boundaries for their State. The Dominant Party can thus maximize its winning chances by Manipulating the borders. This makes the House incumbency re-election rates High.
Why can it be said that High Incumbency Rate be seen as both Negative and Positive?
-The Representative function of Congress is harmed as the number of competitive electoral races plummets to only a few. The Incumbent has no threat of being removed so doesn't care all that much about its people. -But it can allow experienced politicians in office with a great understanding of the US political system.
How can Parties and Caucuses influence voting behaviour within Congress?
-Members of Congress will often vote for their Party because they agree naturally - why else though they be a member -It can be said that 'hyper-partisanship' has made opposing political parties limit each other. For example, blocking a bill from the other party just because it's the other party -Primaries can lead to more loyalty towards Constituents and not the Party Leader - Speaker Paul Ryan, who was Republican and had a Majority in the House - had to withdraw a bill repeating Obamacare, despite the Republican's stance on it. -Congressional Caucuses also can influence voting, as the common Goal or Ideology of its members will make them vote in the same Direction
How can the Constituency influence voting behaviour within Congress?
-Because of the frequent election cycle, the public opinion is influential in many Congressional people. This can make them more influenced by the people rather than the party leader. -Sometimes the Incumbent, and their opponents, highlights the individual voting record in electoral campaign, revealing they had opposed Party Lines to support their Constituency. 11 Republicans voted against Trumps proposal for a Border Wall. -Pork-Barrell politics can also be seen as an indicator that Constituents really do influence the Congressional voting behaviour
How can Pressure Groups and Lobbyists influence Voting Behaviour within Congress
-PGs can influence Politicians via Persuasion and mobilizing Key Groups to Support/Oppose a Candidate -PGs can provide essential Funding for a Candidate, in return for Support in their Area. In 2019, a Pro-Gun Group: the National Rifle Association (NRA) raised $350 million. Compared to Gun Control Groups like Everytown for Gun Safety, they raised $100 million -Lobbyists can be influential too due to Connections with Politicians in Congress, and luring the Congressional Person into an attractive role within the Lobbying Firm, after they leave office. In 2022: 453 former members of Congress was working in a Lobbying Capacity as Advisors or Lobbyists
What are the Key Characteristics of the Legislative Process in Congress?
-Congress is Proactive and not just Reactive. It does respond to Presidential Proposals, but can also Initiate Legislation. An Example can be the Electoral Count Reform Act 2023 -Congress is Active: Since Congress is separated from the Executive, Congress can Amend or Defeat Government Proposals. Joe Biden faced significant resistance from his Build Back Better, leading to only just a few things of the Bill passing -Legislation is to be Agreed by both the Senate and the House. They both have Co-Equal Legislative Power -Many requirements for a Bill to become Law. To get through, 50% is needed in each Chamber, a Series of Committees. -Lack of Party Unity makes it much more Harder to Pass Legislation. Obama faced a Gov Shutdown in 2013 for 16 days, after a disagreement on the funding of Obamacare (Republicans controlled the House) -President is Influential in Legislation and can set the Agenda. The Power to Veto is quite powerful as 2/3 of the House and Senate must agree to Overturn it, which is rare.
Why is the Legislation Process seen as Weak?
-It takes too long for Legislation to be Passed. Lots of Compromises and Amendments -Process leads to Poor-Quality Legislation. Output of legislation can be based on Pet Projects and Ideological Interests - not the Public Interest. -Pork-Barrell Politics increases the National Debt for projects not of National Concern. In 2023, there were 7.4k Earmarks for $26.1 Billion. Liberals and Fiscal Conservatives hate this -Hyper-Partisanship has made these weaknesses much more Stronger. If Congress is Divided, expect nothing to be done...
Why is the Legislative Process seen as Strong?
-Process reflects the Founding Fathers wishes. Preventing Tyranny via incentivizing Compromises between different Interests. Wants Pluralism -Legislation being blocked can be seen as upholding Limited Government -Deliberative Process can allow Higher Quality Legislation by blocking Rushed decisions -The Legislative Process respects the Rights for the Individual and the State -In other words, it was made to be hard to pass laws