US ESSAY PLANS

Question 1

DOES FEDERALISM STILL EXIST?

Answer 1

DOES FEDERALISM STILL EXIST?

Question 2

Overview: DOES FEDERALISM STILL EXIST?

Answer 2

Divided power between the national and state government - each area having substantial jurisdiction - if the US is federal power is shared. the states are powerful. If they aren’t - the state’s power is centralised. Federalism is not mentioned in the constitution… how is it influential?
1) ENUMERATED POWERS - the executive is commander in chief etc.
2) IMPLIED POWERS - suggestive
3) CONCURRENT POWERS - shared
4) 10th AMENDMENT - all power not designated is for the states -
5) SUPREME COURT - umpire of all disagreements
Direction - whilst the federal government has grown in power, the journey has not been in a straight line as the federal vs. state relationship fluctuates and is influx - federalism is not dead.

Question 3

DOES FEDERALISM STILL EXIST?

constitution - 10th amendment vs elastic clauses

Answer 3

has the constitution’s elasticity has harmed federalism? ‘neccessary and proper’ ELASTIC clause - congress can stretch it’s powers - the bill of rights established national rights
However.. the constitution establishes federalism - 10th amendment - Ashby ‘pulling the constitution towards states rights’ - concurrent powers too
the constitution has established an in built tension - Affordable Care Act - Florida and 12 other states brought actions seeking a declaration that it was unconstitutional. - strike down federal gov. Yet court still allows Obamacare to exist. The federal government can pass healthcare reforms but has been restricted by state pushback in the courts

Question 4

DOES FEDERALISM STILL EXIST?

limits to mandates and executive orders

Answer 4

do they erode state power? laws passed through congress that require states to enforce policies. DACA 2012 executive orders - loosening immigration laws as many of these children were brought up here- erode state law enforcements. ESA 2015 replaced the no child left behind act as it increased the role of federal gov in K12 Education and relied too heavily on standardised tests.
However there are limits, they don’t all centralise power… NYT hailed the ESA as the most devolved Act ever, significantly increased state’s flexibility to determine school success. Many states ignore Executive Order - will not let Syrian Texans in Florida. Trumps got rid of restrictions on states eg. Paris Treaty but 11 states were happy to oblige
Some actions at federal level reduce state power - depends on the ideology of the president

Question 5

DOES FEDERALISM STILL EXIST?

supreme court decisions

Answer 5

Cases that have harmed federalism
- Sebelius case (2012) defending Obamacare and right of federal gov to inforce healthcare rules onto unwilling states
Gonzalez v. Raich (2005) - supreme court uses commerce clause to say that congress can criminalise the production of homegrown cannabis - arrested under federal law
Whole Womans Health vs Hellerstedt (2016) - abortion in Texas - court says that it is interfering with womens choice - roe v Wade - struck down state authority
However…
Shelby v Holder (2013) - Texas can introduce voter ID laws - states have the right to establish their own rules, struck down key parts of the the Voting Rights Act (federal law) - didn’t need to ask Congress
US v Texas (2016) - DACA - more leniant immigration laws for parents, the SC laws called it unconstitutional, could send back parents
5 v 4 conservative majority will rule in favour of state power
US vs. Windsor (2013) - struck down DOMA federal benefits - federal law can’t define what marriage is… it is the right of the state
Justice Kennedy - ‘uses federalism as an important basis for his decisions’
SC decisions on federalism depend on the ideologies of the justices, changes from appointment to appointment. It is everchanging

Question 6

DOES FEDERALISM STILL EXIST?

trumps presidency

Answer 6

have his actions threatened federalism? Homeland security introduced new rules on cracking down immigration, Oct 2017 - 49 executive orders, one per week
However, his plan to scrap Obamacare - to give the administration of it back to the states, however, he was blocked by congress
Executive orders 14783 that removed Obama’s clean power plan - set state specific targets, reviews existing regulations that burden the development of domestically produced energy resources, revoked transgender bathrooms, sanctuary cities that will not comply with his immigration policies - Trump wants to centralize power to remove immigrants - tension between states and federal gov.

Question 7

evaluate the view that congress provides valuable oversight of the president

Answer 7

evaluate the view that congress provides valuable oversight of the president

Question 8

define: evaluate the view that congress provides valuable oversight of the president

Answer 8

judge whether congress is providing effective scrutiny, what is the meaning of this?
- perform its constitutional checks
- provide thorough investigation of the president
- still allow government to function
direction - congress is largely ineffective when it comes to oversight due to hyperpartisanship

Question 9

evaluate the view that congress provides valuable oversight of the president

perform its constitutional checks

Answer 9

lots of congressional checks:
- power of the purse - it can refuse a budget, democrats drew back Bush’s trillion dollar tax cuts from 1% of income
-congress can reject amend or delay any presidential bills - democratic lawmakers have prevented Trumps attempts to overturn obamacare
- senate confirms presidential appointments to both the executive and judicial branch - trumps nominee for army secretary Vincent Viola withdrew after it was clear that the Senate would ask questions regarding Viola’s financial affairs
- house of representatives can impeach the president - Nixon was forced to resign after fear of impeachment, Trump was the 3rd president to be impeached by the house at the end of 2019
-congress can overturn presidential veto - overturned Obama’s veto that blocked Congressional attempts to give 9/11 families ability to sue Saudi Arabia in US courts
- congress can declare war - president is commander in cheif but can’t go to war without congressional approval - war powers act (1973) restricts president’s power - 60 days before military action
- congress can with hold military authorisation - Obama was forced to pull vote on action in Syria in 2013
- pull funds on military operations - Iraq war

However…

The constitutional checks are largely inneffective

• power of the purse
  underuse - when there is united gov it is easy for the party in power to spend more money - Obama’s TARP scheme, Trumps tax cut and jobs act
  abuse of power - government shut downs have become a regular occurence including the longest in December 2017, still have to let government function
• presidential bills
  underuse - the PATRIOT Act was passed in just under 28 days after 9/11 bypassing committee stage,
  abuse of power- dividing gov - curtailed Obama’s ability to pass anything in his last 6 years
  -presidential appointments
  underuse - all of trumps cabinet was easily approved by Senate, Scott Pruit as head of the Environmental Protection Agency
  abuse of power - republicans in the senate refuse to vote on Merrick Garland nominee for SC - stemmed from rep. unwillingness for dem. win in election year
  impeachment
  1998 and 2017 have been reduced to point scoring - hyperpartisanship over oversight
  presidential veto can be overturned - 2/3 supermajority is required in both houses for this to happen, 1 of 12 for Obama
  declare war - congress did in 1941 despite the fact that the US has been involved in 20 conflicts since then - presidents have a freer hand on foreign policy

Question 10

evaluate the view that congress provides valuable oversight of the president

provide thorough investigation of the president

Answer 10

an array of congressional committiees
- standing committees - policy specific committees that conduct policy within an area
- house judiciary committee - investigated Bill Clintons financial ‘Whitewater’ affair
- senate and house intelligence committee investigated ties between Trump and Russia in 2016
- select committees - temporary, established to investigate scandals eg, the Iran Contra affair or the 9/11 committee
Hilary Clinton appeared before the House select committee on Benghazi
Amendment power and prestige/status
However… the effectiveness of congressional investigation is limited
Due to rise in partisanship many have become less independent - the Russian investigation lost all legitimacy than the FBI investigation - Devin Nunas undermined the impartiality by visiting with the white house and discussing the committees findings - carry favour
Investigations are only wise after the event and don’t prevent the persidential actions themselves

Question 11

evaluate the view that congress provides valuable oversight of the president

circumstances of government

Answer 11

Divided government can lead to more congressional oversight
2019 - Ukraine democrats in the house vs. the russia investiagtion in 2018 when republicans controlled house
United government can provide good oversight - Trump failed on 2 occasions to repeal Obamacare in both the house and the senate due to Republicans rebelling
if president is unpopular… Bush Junior found it hard to pursuade congress to spend more money on Iraq
40% republican rating for Trump
Closeness of election can increase congressional assertiveness - Members of congress want to be seen to be doing something eg. Hilary and Benghazi
However…
United government tends to give president greater leyway contrast how Ukraine democrats in the house vs. the russia investiagtion in 2018 when republicans controlled house
Popular - Congress are likely to support president - presidential success rates are far higher at the beginning of their first term - 90% of the votes he supported in Obama’s first year

Question 12

evaluate the view that congress provides valuable oversight of the president

Pressure Groups HELP democracy

Answer 12

• Provide legislatures and bureaucrats with useful information
• Act as sounding board during policy formation- Provide order, priorities and aggregation in political debate
• Broaden opportunities for participation, during and between elections
• Can increase levels of accountability for legislatures and executive branch members
• Increase opportunities for representing minority interests; protect those with no direct voice, e.g the environment- Enhance freedom of speech and freedom of association
• Tocqueville: served ‘as a bulwark against expanding state authority’
• Frequent elections in the USA but many are uncompetitive. PGs provide essential line of communication between electorate and policymakers
• US parties have a broad character; still many issues which remain largely ignored
• Resortes USA’s social capital- Important social reforms, strengthened democracy; e.g Student Nonviolent Coordinating Committee and August 1965 Voting Rights Act

Question 13

evaluate the view that congress provides valuable oversight of the president

Pressure Groups HINDER democracy

Answer 13

• Influence of money too great
• Some methods are undemocratic
• ‘Hyperpluralism’ - so many groups competing for success that it slows the gov. down trying to appease them all
  -Not all groups are equal; groups such as ‘Occupy Wall Street’ movement in 2011 very big and influential
• Disproportionate influence over legislators at federal and state level; can ‘buy’ politicians. Over last 40yrs, American Legislative Exchange Council has successfully drafted model bills that state legislators are then encouraged to introduce and pass
• ‘Free-riders’: narrow, self-serving groups have a significant advantage over broad and loose groups focused on social goals, as their members are more likely to be active- Revolving door + iron triangles
• Concentration on ‘special interest’ at the expense of ‘public interest’

Question 14

Explain and analyse three ways in which the Bill of Rights protects civil rights and liberties in the USA. [9 marks]

Answer 14

Explain and analyse three ways in which the Bill of Rights protects civil rights and liberties in the USA. [9 marks]

Question 15

Explain and analyse three ways in which the Bill of Rights protects civil rights and liberties in the USA. [9 marks]

2nd amendment - vague

Answer 15

• II- The Right to bear armsProbably one of the most controversial amendments, certainly today, it allows any person as a constitutional right to own weapons. school shooting California 2019- 16 year old…. it is not the Bill of Rights (some amendments lack clarity) that is important but the Supreme Court which has the job of interpreting these rights. For example, there has been controversy about Amendment 2 and whether it does unequivocally guarantee the right of gun ownership to all citizens… Obama tried to change gun laws, attempted assault weapons ban in 2013 but was defeated in the senate by a vote of 40 to 60

Question 16

Explain and analyse three ways in which the Bill of Rights protects civil rights and liberties in the USA. [9 marks]

judicial review and interpretation

Answer 16

-V - Protection from Self Incrimination and Due Process. Guarantees the rights of people to be protected from giving evidence against themselves and that all legal rights (due process) will be upheld. It was this amendment that was the basis for the establishment of the ‘Miranda Rights’ in Miranda v Arizona (1966) - the role of the Supreme Court in interpreting the Bill of Rights via landmark rulings, with appropriate examples.

Question 17

Explain and analyse three ways in which the Bill of Rights protects civil rights and liberties in the USA. [9 marks]

limited government - allocation

Answer 17

explanation and analysis of the composition of the Bill of Rights and the concept of limited government. For example, amendment 1 is directed at Congress, amendments 2 to 4 are focused on executive power, amendments 5 to 8 focus on judicial processes and the final two, reserved powers to the people and the state - VIII - Excessive Bail or Cruel and Unusual Punishment. This prohibits the imposition of excessive bail and forbids punishments that are deemed the be cruel and unusual. This clause regularly comes into conflict with punishment surrounding the death penalty. Guantanamo bay?

Question 18

Explain and analyse three ways in which the Bill of Rights protects civil rights and liberties in the USA. [9 marks]

multiple access points

Answer 18

the US system of government with its multiple access points created by a federal system with a separation of powers within it. Students are likely to argue that the system of government helps promote lobbying through different power centres such as the legislature, executive and judiciary at both state and federal level where decisions are made… lobbying Congress (House and Senate) and the congressional committees to gain access to the legislative process to try to influence outcomes; lobbying the executive branch of government to try to influence the initiation of policy or its implementation through the federal bureaucracy; lobbying the judicial branch by presenting amicus curiae briefs or attempting to influence the selection and confirmation of judges
Judiciary - US Chamber of Commerce or American Bar Association which helps w sc nominations e.g. NARAL Pro-Choice America against Kavanaugh 2018 American Bar Association evaluates nominees
Executive - Active support or opposition to a political candidate based on policy pledgese.g. National Right to Life supported Trump in 2016
Congress - e.g. Podesta Group

Question 19

Explain and analyse three ways in which the Bill of Rights protects civil rights and liberties in the USA. [9 marks]

nature of direct action

Answer 19

US political culture and the much more open system of government and traditions of lobbying, campaigning and protest such as the Civil Rights Movement or street demonstrations, Use of strikes, demonstrations, or other public forms of protest rather than negotiation to achieve demands and raise awarenesse.g:- BLM protests against police brutality after Ferguson 2014- Occupy Movement, 2011-12

Question 20

Explain and analyse three ways in which the Bill of Rights protects civil rights and liberties in the USA. [9 marks]

1st amendment

Answer 20

1st Amendment entrenches the rights of free speech, freedom to petition the government, and freedom to assemblee.g. NAACP v Alabama 1958 , the guaranteed constitutional rights, particularly First Amendment rights of freedom of speech and assembly and the right to ‘petition the government for redress of grievances’

Question 21

Is the US president an imperial president?

Answer 21

Is the US president an imperial president?

Question 22

Intro: Is the US president an imperial president?

Answer 22

Imperial - Excessive secrecy and high-handedness with Congress, dismissive, associated with an abuse of power or illegality, make full use of their direct authority and constitutional power, foreign affairs
Imperilled - Opposite of Imperial - not much power at all, will be held in check by other branches, increased congressional assertion, increased oversight of the president, the limited use of direct authority and constitutional power and the constraints on power eg. Foreign affairs
Direction - there are too many constitutional constraints to allow for a imperial presidency, informal powers can greatly assist the president but only up to a point which falls short of imperialism. The ability of presidents to act imperial fluctuates and depends on a number of factors, therefore the idea of an imperial presidency is overblown.

Question 23

1. The constitution and it’s powers

Answer 23

Constitutional checks on the president prevent imperialism - checks on commander in chief powers remain. Congress has the right declare war, not the president, even in situations where war was not declared Congress would often vote on giving the president power to execute military action eg. Iraq in 2003 - it is unlikely the president with would have been able to execute that war without congressional approval of some sort

Examples:
- in 2013, Obama was forced to drop plans to bomb the Assad regime after a chemical weapons attack because of the extent of congressional resistance
- the Supreme Court limited President Bush’s authority to convene military tribunals for suspected terrorists in Hamden V Rumsfeld
- all presidents since the war have wanted to do things in the international arena but were prevented from doing so - Clinton wanted to take a tougher line on the Bosnian Serbs in the 1990s but the EU prevented him to do so - the checks come from within EU as well
these examples constraint to manoeuvre that presidents have particularly in foreign affairs, which has perhaps with these examples shown the resemblance of an imperilled rather than an imperial presidency

However…
· The president’s commander in chief powers are the most likely to help the president meet the criteria for an imperial presidency - associated mostly with wartime and post wartime presidents Eg. Roosevelt, Eisenhower, Kennedy, Johnson and Nixon - all of these presidents carried out secretive missions - even illegal ones eg. nixon’s bombing of Cambodia

Examples
- some critics have argued that Clinton bombed Iraq in 1998 to deflect attention away from the Monica Lewinsky scandal now that has never been proved - example of how presidents act with secret motivations?
- George W Bush’s anti-terror legislation appeared to indicate the existence of an imperial presidency it allowed for covert surveillance phone tapping without a warrant and was passed by Congress in less than one month
- Obama’s killing of bin laden and his actions in Libya may qualify as imperialistic - was performed without any approval or knowledge from Congress and the latter involved ignoring it altogether
- Trump’s access to world leaders to further his own business interests
- these examples point to excessive secrecy and abuse of power and dismissiveness of Congress that characterise an imperial presidency

Evaluation - when we’re looking at commander in chief powers, the use of sole constitutional power is dependent on a number of factors….
· Obama had to deal with a partly divided government in 2013 when the Republicans control the House of Representatives and the Republican Party were eager to embarrass him and were not going to give him the authority that he craved to take action he wanted in Syria.
· Bush junior was given a relatively free hand after 9/11 to use his commander in chief powers, as a result of his high popularity in the immediate aftermath of the 9/11 attacks - demonstrates extent of imperialism and how the president’s power largely depends on a number of factors… in Bush’s case it was his approval ratings, in Obama’s case - it was having to deal with a divided rather than united government for most of his time in office.

conclusion :
there are too many constitutional from strains from other branches and too many variables affecting the power of the president for them to be imperial when it comes to constitutional powers that they have

Question 24

2. informal powers

Answer 24

executive orders
· not actually mentioned in the constitution and the scope of their use is defined by convention
· executive orders - ways presidents can make things happen without asking Congress to make those things happen
· critics allege that they are increasingly used by presidents not to facilitate the implementation of existing or for example giving guidance but to create new laws

Examples:
- Trump signed a raft of executive orders in his first hundred days including loosening Obamacare policies on Environmental Protection, weakening support and promotion of Obamacare, on immigration
- Obama said that he won’t wait for Congress and passed executive orders on a raft of issues in 2014 and Congress wouldn’t give him what he wanted
- he also in 2015 introduced federal gun restrictions using an executive order when it became clear that Congress again would not vote for that

signing statements
· Signing statement = a written declaration composed by White House lawyers offering the executive branch’s perspective
Examples:
- Bush junior used one of these signing statements to back away from the spirit if not the letter of anti-torture legislation that had been the subject of great debate and much controversy in Congress
- now this use of informal direct authority demonstrates a willingness by successive presidents to bypass Congress - characteristic of an imperial presidency - tries not to work at all with the legislature but tries to get round it

However…. Limit this Power and direct authority
Executive orders can be nullified by congressional legislation or judicial intervention

Examples:
- Obama’s DAPA programme that’s deferred action for parental arrivals was ruled unconstitutional
- trump’s travel ban faced a difficult time in lower courts executive orders can be rescinded by successes that is to just simply be overturned by another executive order but Mexico City rule that forbade awarding development aid on family planning projects has been introduced by GOP presidents and ended by democratic ones
- excessive use of informal powers or direct authority is often illustrative of a president that lacks the capacity to persuade Congress rather than of a president that is all powerful and imperial

· Evaluation - informal powers and direct authority - these types of power likely increases when there is divided government or when there are national events that required it - Bush junior after 9/11 signing statements attaching those two bills pertaining to the War on Terror because he had a particular view on how that warrant error should be prosecuted
· Bush’s national emergency, ‘a war president’ and therefore needed greater leeway to prosecute that War on Terror and justified the executive orders and the signing statements.
· Presidential power is not one that resembles imperialism but one dependent upon a host of factors that affect their capacity to act . If you have divided government, Congress is not going to let you do as much as you want therefore you’re more likely to resort to signing statements and executive orders but that doesn’t necessarily show that they are imperial, due to constraints such as hostile congress or national emergency

Question 25

3. popularity, national events and unified government can create conditions for an imperial presidency

Answer 25

Examples:
- High approval ratings at the end of Clinton was due to a strong economy, he survived impeachment
- Bush J High approval ratings after 9/11 meant that he could push through the PATRIOT act, wiretapping, enhanced interrogation, imperial power due to illegality?
- Bush enjoyed a united gov for much of his tenure, allowing him to prosecute foreign wars with little scrutiny, imperial power?
- 9/11 gave him title of war president, excessive secrecy and high handedness with congress.

However…
- None of these factors are fixed!!! And they restrict the president from remaining imperial

Examples:
- Bush left v unpopular in his last 2 years due to Iraq - imperilled, a lame duck
- Popularity can create a condition for imperialism but it is not FIXED
- National events may scupper a president’s agenda, hurricane Catrina affected Bush’s image
- Credit Crunch stopped Obama - emergence of the Right Winged Tea Party which halted Democratic success in the 2010 mid terms, Obama had a partly devided government, Reps didn’t give him any of his policy suggestions
- 2011 divided gov on immigration, but even with united Gov, Obama struggled to convince his own party to close Guantanemo
- Trump is being investigated about Ukraine, impeached, congressional assertiveness is back, imperelled rather than imperial, Trump can’t control House
- Trump survived, this whole process has damaged his reputation, characterises secrecy and abuse of power but he has been scrutinised, he has not got away with this.
- His approval ratings are low, mandate is low, arguably he has not handled events well, Charleston, blame on both sides?

The US needs a capacity to persuade, Bush did not have the capacity or skills BUT he had conditions.
Power is not fixed in democracies, the idea that we have an imperial president is incorrect

Question 26

3 constraints on the president

Answer 26

3 constraints on the president

Question 27

PARA 1: courts

Answer 27

Republican party of Pennsylvania v. Degraffenreid and Corman vs Pennsyvalania Democratic Party but then there are also victories!! - Trumps Travel Ban - the courts are a potential constraint

Question 28

PARA 2: congress

Answer 28

Manchin and Sinema objections to size of infrastructure bill
Trump and border wall
Public option and Obamacare
Merrick Garland nomination in 2016
However…
Things do happen with bi partisan support - when congress and president work together - things are done
Eg. $13.6 billion emergency package or Ukraine March 2022
Ukraine Democracy Defense Lend-Lease Act April 2022

Question 29

PARA 3: Constitution

Answer 29

term limit - 22nd Amendment
Designed to prevent ‘tyrrany’
checks and balances and seperation of powers
Provides Congress especially with ‘tools to tame’ presidnet
But… role of VP as President of the Senate = Harris Record - 15 bills in first year

Question 30

3 factors of voting behaviour

Answer 30

3 factors of voting behaviour

Question 31

PARA 1: voter profile

Answer 31

gender, race, age, geography etc. black voters are most loyal

Question 32

PARA 2: Policies

Answer 32

build the wall, build back better

Question 33

PARA 3: personalities

Answer 33

incumbencies - 93% reelection