US Essay Plans Flashcards
(14 cards)
Themes for “evaluate the view that congress is able to effectively carry out its functions
Oversight, legislation, representation
Evidence that congress effectively represent
-the 118th congress was the most diverse ever (28% women, 25% BAME)
-pork barrelling to appease constituents interests ($9bn worth of funds allocated in the 2022 consolidated appropriations act, a $1.5 trillion spending bill
Evidence that congress doesn’t effectively represent
-the 118th congressional senate was only 11% BAME vs 40% of the population
-$2.1bn spent on midterms by outside spenders leads over overinflated representation of the wealthy
Evidence that congress does effectively carry out oversight
-2 republicans being on the jan 6th committee shows oversight crossing party lines, preventing bias and ensuring effective scrutiny
-the passage of the 2023 Supreme Court code of conduct shows effective oversight of both government branches to prevent corruption
Evidence that congress does not effectively carry out oversight
-35 day government shutdown in 2019 both shows in efficacy of regulation of the both of an overpowering executive and hinders ability to oversee and carry out other functions during shutdown
-there was a shift in oversight focus after 2022 midterms when a republican senate was elected to try to impeach Biden (shows oversight being used for political point scoring, not genuine efforts to limit corruption and prevent scrutiny)
-could also mention how oversight hearings only last five mins which is insufficient time to gain substantial evidence
Evidence that congress does effectively carry out legislative function
-the 2022 bipartisan safer communities act shows cooperative legislative efforts leading to smoother passage of legislation
-passage of a continuing appropriations bill in 2024 to allow further debate and amendment of financial bills, showing legislation being used to pave the way for through and holistic consideration of the financial implications of a bill
Evidence that congress does not carry out its legislative function effectively
-the 118th congress only passed 1% of bills due to political polarisation causing legislative gridlock
-increased use of the filibuster (238 between 2023-24) delays the passage of legislation
Themes for “evaluate the view that federalism is protected by the US constitution and promoted in modern society”
Constitution, legislation/executive actions, courts
Evidence that the constitution effectively protects federalism
-10th amendment grants all powers not explicitly given to federal government to state legislature
-full faith and credit clause upholds horizontal federalism by stating that all states must respect the public acts and judicial proceedings of other states
Evidence that the constitution does not effectively uphold federalism
-supremacy clause states that federal law is the “supreme law of the land” and so federal government policy takes precedent
-16th amendment allows congress to levy taxes directly on citizens, reducing state financial power
Evidence that presidential action/legislation does uphold federalism
-Obamacare allowed states to decide how to set up “healthcare exchanges themselves” retaining state control largely over healthcare policy
-upholding of federalism allowed states to take action against COVID first
Evidence that presidential action/legislation does not uphold federalism
-obamas 2009 “race to the top” programme gave states education funds only if they met 20 educational goals set by government
-trumps 2025 executive order banning birthright citizenship was sued by 18 states, showing how an overarching executive can unilaterally pass policies in conflict with states and the constitution (states have limited power to do anything against this)
Evidence that the courts do uphold federalism
-Shelby county vs holder (2013) gave states more power over elections and voter ID laws
-dobbs vs Jackson (2022) gave states powers to determine abortion laws
Evidence that courts do not uphold federalism
-Gonzales vs Raich (2005) sees SC upholding controlled substances act which expands federal power to regulate state growth of marijuana
-obergefell vs hodges (2015) sees SC legalise gay marriage, a power taken out of state hands and implemented by an unelected body which deviates against federalism
