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Bill of Rights - ANS-The first 10 amendments passed in 1791 Protects rights of individuals against the government Protects state power against federal government Amendments 1-3 - ANS-Freedom of religion, speech and press, rights of petition and assembly Keep and bear arms No forced quartering of troops Amendments 4-7 - ANS-No unreasonable searches or seizures Right to due process of law, no double jeopardy or self-incrimination Rights of the jury, speedy and public trial, witnesses in defense and attorney Right to trial by jury in a clear case Amendments 8-12 - ANS-No cruel or unusual punishments Other rights not included in constitution State rights and powers Suits against a state (1795) Election of president and vice president (1804) Amendments 13-16 - ANS-Abolition of slavery (1865) Protects rights against state infringements (defines citizenship, requires due process and equal protection, punishes states for denying votes) (1868) Voting rights (1870) Federal income tax (1913) Constitution timeline 1791-1920 - ANS-1791: Bill of Rights 1870: amendments 13-15 ratified, 13th ended slavery, provided equal treatment to all citizens regardless of race (14th) and gave people the right to vote regardless of 'race, color or previous servitude’ (15th) 1913: 16th amendment gives congress the right to levy federal income tax 1919: 18th amendment prohibits the manufacture/sale of alcohol Constitution timeline 1921-1970 - ANS-1920: 19th amendment gave white women the right to vote 1933: 21st amendment repeals the 18th 1951: 22nd amendment limits the president to two terms in office 1967: 25th amendment allows the vice president to assume the office temporarily while a president is unable to fulfil their duties Affordable Care Act - ANS-Obama received a mandate for health care reform in 2008, yet was forced to abandon major aspects of his policy in light of opposition from congress, including democrats The elected house prevented an elected president from achieving his policies In 2014 republicans took control of the house and repealed health care, but it was vetoed by Obama Elections create democracy - ANS-Free and fair elections More elections = US citizens vote more than other countries 2 year house terms Elections do not create democracy - ANS-The electoral college is outdated and based ona reluctance to give power to the people Checks and Balances create democracy - ANS-Prevents one person / party / institution from holding all the power Can prevent corruption Ensure everyone's interests are considered Checks and balances do not create democracy - ANS-Democrats vote for democratic policies, republicans vote for republican policies 2012, voted for a democratic president who wanted comprehensive immigration reform but when in the house, the speaker blocked debates Rights Protection creates democracy - ANS-The bill of rights and 14th amendment give legal protection to Americans Protect certain powers the people have, giving them the ability to have influence over the government Rights protection does not create democracy - ANS-Shelby ruling has allowed states to created laws that undermine the opportunity for poor/minority voters to participate If voters choose to vote for politicians with dodgy policies (voter ID) then they should be allowed to carry them out Enumerated powers - ANS-set out clearly Implied powers - ANS-not expressly set down Courts powers - enumerated - ANS-Rule on cases arising under the constitution, the laws of the United States or treaties Courts powers - Implied - ANS-The power of judicial review Amendment examples - ANS-11000 amendment proposals have been introduced since its establishment, with only 33 being accepted and 27 making it pass the states Only 15 amendments have passed in the last 200 years Only the 21st amendment (repealing prohibition) was ratified by state conventions The equal rights amendment - ANS-Equality of rights for all genders Not enough support Failed to reach number of states 1982 The federal marriage amendment - ANS-Define marriage as exclusively men and women Introduced in 2015 without a congressional vote Failed to receive votes in both houses in 2015 Advantages of the amendment process - It protects the principles of political processes - ANS-Basic democratic ideas - such as elections every 4 years and separation of powers - could be seen as essential principles. Some ideas are completely immune from change, such as the requirement for a republic to be a guaranteed form of government, going further than the entrenchment outlined in article V. However, these principles can be changed when there is broad support, without the need to pass amendments Advantages of the amendment process - It protects states and upholds federalism - ANS-The US has a tradition of respect for states’ rights, this is ensured through the 10th amendment and the amendment process, as well as the small states receiving equal representation in the senate and electoral college Advantages of the amendment process - It prevents ill thought through amendments - ANS-The amendment process involves several institutions and requires cross party agreement, which prevents short term/irrational thinking entering the constitution Advantages of the amendment process - It prevents abuse of power - ANS-An entrenched constitution stops an individual from one party changing constitutional rules for their own benefit Disadvantages of the amendment process - It is difficult to incorporate new ideas - ANS-Views have changed dramatically since 1787, but it is difficult to make additions that would improve the constitution as it's entrenched. Despite changes in the value of women's rights, the equal rights amendment failed as recently as 1982 Disadvantages of the amendment process - It is difficult to remove outdated aspects - ANS-The original document is over 200 years old and US society has changed dramatically. An obvious example of the is the election of the president, which makes use of the electoral college. The mechanism was established when there was a fear that the people would not make rational choices, and it has left the US with a number of undemocratic problems. The state-based system makes it possible for one candidate to get the most popular votes, but for another candidate to win (Trump 2016). In addition, the system over represents smaller states, so people in some states have greater voting power than others Disadvantages of the amendment process - It gives the Supreme Court excessive power - ANS-Entrenchment allows nine unelected judges to have the final say on key issues of institutional power and human rights. Rulings by Supreme Court justices are extraordinarily difficult to overturn, rendering their word final 5 principles to ensure power sharing - ANS-Federalism Separation of powers Checks and balances Bipartisanship Limited government Federalism - ANS-A system of government in which power is shared between a central government and individual states, each having their own specific rights Citizens are ruled by two governments Some policies are made at a federal level, by president and congress, and other decisions are made by the state governments Federalism in states - ANS-Each state is like a smaller version of the US, with its own constitution, head of the executive branch (governor), legislature (state congress) and supreme court Each state is subject to the constitutional rules of the US, but has a huge degree of control over its own affairs The constitution is particularly unclear on federalism Progressive federalism - ANS-Currently, since 2009, USA has been using progressive federalism, which provides states with greater control over issues previously reserved for the federal government like environmental and consumer protection Bush federalism - ANS-used 2001-2009 which increased federal interference in state issues due to greater national security The main characteristics of federalism - ANS-The power of regional government or states is protected by the constitution Regional powers are equal The constitution is vague on where the line between state and federal power lies In some areas the distinction between regional and federal powers is very clear Usually, state deals with domestic issues (education, economic policy) Abd federal deals with foreign policy and security State power - ANS-Overtime, the power of states has been eroded, since the economic crash of 1929 and Roosevelt's New Deal policies meant huge growth and role of the federal government Debates about the extent to which federalism still exists in the US today - ANS-States still have the majority of power in certain areas of policy such as health, law and tax ( the amount of sales tax varies in each state) Some argue that states powers have been eroded away as the federal government has been able to take control of most policy areas and the constitution has been powerless to protect them There is a specific list of powers for federal government, but very few specific powers given to the state Instead it says all other powers should go to the states and the people It doesn't define which powers go to the states Legal Power Variations - ANS-There is a huge variety in state laws - some allow assisted suicide, age people can marry, drive a car, drugs Political Power Variations - ANS-All elections are state based and carried out by state law so there's a variety in how a candidate is chosen, how the polling stations are set up (Arizona experimented with online voting) Regionalism Power Variations - ANS-Each region has its own culture, values and identity, with racial, religious and ideological differences, like liberal new York and redneck south Economic Power Variations - ANS-Variety of tax systems - both federal and state taxes - property tax varies between states, sales tax varies between cities Policy Power Variations - ANS-Some states are able to trial new policy ideas, like health care or immigration, from state proposals / initiatives (health care in Massachusetts) Parties Power Variations - ANS-Parties are decentralized and state based, Texan democrats are more conservative than California Positives of democracy - ANS-Frequent elections, short terms for the house and the separation of powers creates a highly representative government Negatives of democracy - ANS-The power of the supreme court means that the government may be prevented from carrying out policy, leading to ineffective government The electoral college can produce a government which does not reflect the votes of the people Positives of civil rights - ANS-A powerful supreme court alongside constitutional rights ensures a high level of protection for civil rights Positives of federalism - ANS-The states are well protected, allowing the government to meet the needs of each state Negatives of federalism - ANS-There is insufficient protection of state powers, meaning the federal government dominates policy making Positives of making laws - ANS-The vagueness of the constitution has allowed the government to function effectively by allowing changing political practice to suit the needs of a modern society Negatives of making laws - ANS-Policy making is very difficult - leading to ineffective government in the form of gridlock, partisanship in congress has made this worse The amendment process prevents necessary change, meaning the government isn't responsive to changes in modern society Positives of the power of political institutions - ANS-Checks and balances ensures that branches work together, preventing tyranny and means that policy is based on compromise The amendment process prevents politicians from changing the rules and awarding themselves more power Negatives of the power of political institutions - ANS-Vagueness has meant loop holes have been exploited, such as executive orders, which has allowed one branch to dominate the other Federalism under Trump - ANS-Christie v. NCAA 2017 examined whether a federal law that prohibits the modification or repeal of state gambling laws violates the 10th amendment A state judge blocked Trump's travel ban (judge Robart, oct 2017) Trump withdrew from the Paris climate agreement so the states spoke against him and continued with the commitment Want to enforce federal marijuana laws using the ‘elastic’ commerce clause (allows congress to make laws it needs to carry out duties) Separation of Powers - ANS-Where the three key bodies of government - legislature, executive and judiciary - each have their own powers, personnel and buildings The principle behind the separation of powers ensures that a system of checks and balances prevents too much power residing with any one body Checks and Balances - ANS-The division of power between the three branches of government, where each branch has a direct ability to prevent action from another branch Working alongside the separation of powers, it forces the three branches to share power The president can propose legislation, but cannot amend legislation, lacking an item line veto Bipartisanship - ANS-Attempts within the structure of the US congress to try to ensure that the two main parties must work together in order to fulfill congressional functions Constitution not protecting state powers - ANS-Powers awarded to federal government 14th amendment 16th amendment Powers denied to congress - ANS-Interstate commerce clause implies that states are free to regulate their own internal business policy Constitutional amendments such as 2nd amendment can prevent the federal government from imposing gun regulations on states In US v. Lopez 1995, the federally imposed Gun Free School Zones Act 1990 was successfully halted by states that objected it's imposition (first time since Roosevelt that the supreme court found in favor of states’ rights under the commerce clause 10th amendment - ANS-States that any powers not reserved for the federal government should be considered a state power Printz v. US 1997 the supreme court overturned the Brady Act requirement that state officials must perform background checks on those wishing to buy a gun Limits to state power - ANS-Enumerated powers of the federal government represent areas where states have little/no control, including the power to collect tax and coin money The 14th amendment applies the standards of the bill of rights to the states, previously it only restricted the federal government The 16th amendment allowed the expansion of federal power through it right to impose federal income tax Federal mandates - ANS-Are federal laws, in the forms of acts of congress, which impose national standards on the states These limit state powers because all states are required to comply The Affordable Care Act 2010, Obama’s policy requiring everyone to have health insurance, limits states choices in health care All states are required to set up health exchanges where they can purchase health insurance Difference between UK and US constitutions - Uncodified/codified - ANS-US is, UK isn't Difference between UK and US constitutions - Number of sources - ANS-UK - a wide range of sources covering statute law, common law, conventions, authoritative works and treaties US - single source, which would give it greater clarity and enable people to appreciate the rules more easily Difference between UK and US constitutions - Amount of power as an idea - ANS-UK - does not have the same power as an idea over individuals and politicians, and it is less apparent what the rules are US - a better guide to political practice, however, it is still ambiguous, restricting its ability to be effective Ability of politicians to evade rules - ANS-Politicians may be able to evade rules by simply saying they do not apply The US have had massive transformations without any changes to the constitution, suggesting that it has a weak set of regulations Separation of powers - ANS-UK - Three separate branches of government (executive, legislature and judiciary) but they overlap because the government is formed through a majority Elections vote for legislation US - Separation of powers between executive legislature and judiciary - no one can be part of two branches at once Separate elections for legislature and executive UK has greater executive dominance Prime minister must have a majority while presidents often lack a congressional majority Checks and Balances - UK - ANS-Checks and balances between three branches Parliament have vote of no confidence on government Unelected HoL cannot reject commons decision Prime minister has majority Checks and balances - US - ANS-President can propose legislation, veto legislation, nominate to the executive and judiciary and is commander in chief Congress can propose, amend, pass legislation, declare war House and senate check executive and each other UK's fusion of power limits the effectiveness of checks and balances due to executive dominance of legislature, unlike the US Regional Power - ANS-UK - Regional power in the form of devolution Different regions have different levels of power US - Regional power created through federalism Power of states cannot be reduced without a 75% vote and consent of regional power UK power of regions less protected UK regions have less power than US Location of Sovereignty - ANS-UK - Parliamentary sovereignty Constitution is amended with 50%+1 vote US - Constitutional sovereignty, upheld by supreme court Constitution is entrenched so requires house, senate and state supermajority UK supreme court is weaker than US because constitution isn't codified so laws can't be declared unconstitutional Rights Protection - ANS-UK - protection through Human Rights Act 1998 and membership of ECHR, joined in 1951 Sign legislation - ANS-Once they have been passed through congress, bills land on the president's desk, and he has a number of options He will sign a bill to take credit through elaborate bill signing ceremonies, attended by supportive congress members At the white house for the Patient Protection and Affordable Care Act in march 2010, Obama invited democrat leaders and the widow of Edward Kennedy, a senator who had made health care reform his goal Veto legislation - ANS-The regular veto is used as a threat and a bargaining tool From Washington to w bush, presidents have used just under 1500 regular vetoes Congress may override them but are often unsuccessful W bush's 63% success rate is the 3rd lowest ever Pocket vetoes are used at the end of congressional sessions and cannot be overridden h w bush used 15 and w bush and Clinton used one each The president's powers - ANS-are dependent on whether congress is in his favor or not If congress votes with him, his powers are increased If congress votes against him, his powers are limited as they're checked more The power of persuasion is more useful with an opposing congress though not every president has good persuasion skills Police brutality in America - ANS-police killed 1147 people in 2017 25% were black, despite them being 13% of population 30% of black victims were unarmed 99% of 2015 cases did not result in officers being convicted School shootings in America - ANS-143 kids have been killed at school since columbine 11 mass school shootings since columbine parkland march for our lives Formal power - ANS-given by the constitution Informal power - ANS-not explicit in the constitution, change over time and have a massive impact on the powers of the president President's informal powers - ANS-Electoral mandate Executive orders National events Cabinet EXOP Powers of persuasion Checks and balances (persuasion) - ANS-The constitution and founding fathers ensured that the president couldn't act without the authority of congress on many matters Congress and the president have been described as two parts of a dollar bill, useless without the other The president therefore has to persuade Methods of persuasion through people - ANS-Vice president - Is a member of congress, Helps build connections between congress and the president House leaders - Easier to persuade leader when they're majority leader White house members - White house staff can talk to congress members Methods of persuasion through perks - ANS-TV - TV appearances with the president raises profile Can go over their heads and appeal directly to the people via TV/social media Face to face - Face to face meetings Presidents can help to get legislation passed which will help a member's state/district to help campaign with them Personal phone calls - Marjorie Margolies-Mezvingsh to get the budget passed Ilene Ros-Lehtinen hung up on Obama because she didn't believe it was him House control (1992-2019) - ANS-D: 1992-1994 R: 1994-2000 R: 2000-2006 D: 2006-2008 D: 2008-2010 R: 2010-2016 R: 2017-2019 D: 2019- Senate control (1992-2019) - ANS-D: 1992-1994 R: 1994-2000 R: 2000-2006 D: 2006-2008 D: 2008-2014 R: 2014-2016 Ri 20175 Mandate - Clinton - ANS-43% popular 370/538 ECV Mandate - Bush - ANS-47.9% popular 271/538 ECV Mandate - Obama - ANS-52.9% popular 365/538 ECV Mandate - Trump - ANS-46% popular 304/538 ECV NRA and congress - ANS-NRA 2016 spent $53.4m on 63 candidates (44 won) gun/ammo manufacturers will earn $13.3bn revenue 2017 john McCain highest paid - $7.7m voted against fixes to gun checks act 2016 (tougher background checks, needs license) Weaknesses of congress and parliament - FPTP - ANS-FPTP leads to lack of voter choice can't vote for a party but not a candidate henry Cuellar, Texas 28th district, rep(D), has consistently voted against tighter gun laws Rees Mogg, north east somerset, hard Brexit, constituency 58% remain Weaknesses of congress and parliament - most votes! = most seats - ANS-midterms 2018 Florida senator rick Scott (R) won by 50.1%, bill nelson (D) by 49.9% (10,000) <0.5% led to recount 2017 GE North east fife, Stephen Gethin’s (SNP) won 13,743 votes, Elizabeth Riches (LD) had 2 less votes Was confirmed after 3 recounts Weaknesses of congress and parliament - too much/not enough checks and balances - ANS-Checks and balances in congress leads to gridlock Jan 20 - 22 2018 shutdown Disputes over deferred action for childhood arrivals and funding Parliament can get through policies without HOL 1911 parliament act removed veto, 2-year delay 1949 act 1 year delay Similarities between HoC and HoR - high quality legislation due to scrutiny - ANS- American health care act 2017 repealed some affordable care act House amendments: $15b fund to help states lower premiums, $8b fund to help individuals with preexisting conditions European union withdrawal bill 309 to 305 voted for a legal guarantee of a vote on final deal in Brussels Similarities between HoC and HoR - effective checks and balances - ANS-Both impeach/no confidence Impeach doesn't remove from office 1998 Clinton stayed 1979 Callaghan Was removed Similarities between HoC and HoR - has to get approval of other chamber - ANS- Conference committee is used to reconcile though used less 103rd congress % vs 110th congress 1/10 Lords can reject/amend bills Has defeated gov 34 in 2018 Though doesn't happen often due to parliamentary sovereignty/Salisbury convention Affirmative Action - ANS-Created by executive order by JFK in 1961 to combat racial discrimination in the hiring process Was extended to women in 1967 Grutter v. Bollinger 2003 upheld Michigan Law's affirmative action (14th amendment) Affirmative action - comparison to the UK - ANS-UK 1945 99.8% of population was white Now 13% minority 1993 Stephen Lawrence murder 1968 race relations act: banned incitement to race hatred/discrimination in public places 1976 race relations act: toughened laws against racial discrimination 2010 equality act Similarities of US/UK Supreme Court - ANS-Highest court of appeal for domestic law Both only hear a limited number of cases (US: 80/7000, UK: 85/288) Issue judgements which are binding on inferior courts (Obergefell v. hodges 2015) Differences of US/UK Supreme Court - ANS-UK must be within EU law (until 2019) US constitution is entrenched/vaguer so needs more clarification UK constitution isn't entrenched and doesn't have clear restraints on parliament so UK has a smaller constitutional role UK - 2009, US - 1790 so has been a part of America's life forever US - elected by president from pool of nominees, UK - elected by independent selection committee Can the UK Supreme Court strike down laws proposed by the executive and voted into law by parliament? - ANS-No, parliamentary sovereignty Legislation passed by parliament cannot be struck down by a higher body US can strike down (travel ban 2017 blocked by Washington judge Sth amendment) Can the UK Supreme Court clarify laws passed by parliament? - ANS-Yes If a law is created, it's text gives a generalized description The judiciary then applies law to individual cases, providing clarity, known as common law If a new law replaces and old law then any common laws relating to old statute is no longer relevant US has only had 27 amendments (BoR being 10)/not clear (OB v. hodges) Differences of US/UK judicial appointment - ANS-US chosen by elected senators - more democratic US chosen by president from nominee pool the appointment of Kavanaugh makes it a conservative court can chip away at roe Obergefell v. Hodges - ANS-2015 14th: same sex marriage with recognition/rights recognized same sex marriage equally Whole Woman's Health v. Halberstadt - ANS-2016 4th: Texas H.B.2 law restricting abortion clinics 5-3 Texas cannot place restrictions that create burdens for women Grutter v. Bollinger - ANS-2003 upheld Michigan law's affirmative action as it didn't use a quota system Gratz v. Bollinger - ANS-2003 struck down university of Michigan’s more rigid, point based admissions policy Can the UK Supreme Court strike down laws proposed by the executive and voted into law by parliament? - ANS-No, parliamentary sovereignty Legislation passed by parliament cannot be struck down by a higher body Can the UK Supreme Court clarify laws passed by parliament? - ANS-Yes, if a law is created its text gives a generalized description The judiciary then applies laws to individual cases, providing clarity, known as common law However, if a new law replaces an old law, then any common law relating to the old statute is no longer relevant R v. Horncastle - ANS-2009 Those appealing had been convicted after hearsay evidence (evidence given without a witness (statements)) was used in their trials They cited Al-Khawaja and Tahery v. UK where the ECHR held that hearsay evidence would breach Article 6 of ECHR if it was the sole or decisive reason for conviction Ruled that as the ECHR isn't constitution (HRA 1998) so it didn't need to be followed every time and hearsay evidence would only be admitted when it was fair to do so Al Rawi v. Security Service 2014 - ANS-Outlawed the use of secret evidence in trials by intelligence services Secret evidence had hidden allegations of the torture the men faced in Guantanamo Bay A fair trial is an open trial and open trials are in the public's interest HS2 Action Alliance v. Secretary of State for Transport 2011 - ANS-3 campaign groups fought against HS2 due to environmental laws It was dismissed as their claims didn't affect the need for HS2 They also hadn't broken any environmental laws yet, it was just plans Out of 10 places they contested, 9 were dismissed Tony Nicklinson v. Ministry of Justice 2014 - ANS-Tony was locked in his body after a stroke Debating whether the 1961 suicide act was incompatible with article 8, the right to dignity and privacy 2/7 judges agreed Was a moral agreement that needed to be addressed by parliament What power does the Supreme Court have that limits the government? - ANS-Ultra vires, they have determined that the government has acted beyond the authority outlined by the statue How are US Supreme Court justice appointed? - ANS-A vacancy occurs White House officials (executive) draw up a shortlist of possible candidates. Candidates' public records and private lives are scrutinized, including the use of FBI reports The president (executive) selects a candidate from the short list and officially nominates them The Senate Judiciary Committee (legislature) holds hearings, including an interview with the nominee and then makes a recommendation to the full chamber of the senate The American Bar Association (judiciary) issues a report on the extent to which the nominee is qualified and pass this on to the senate The full senate of 100 senators (legislature) votes on whether to ratify the appointment. A simple majority yes is required for the nominee to be appointed Chief justice Roberts - ANS-2005 - W.Bush jr conservative Removed some of the voting rights act Clarence Thomas - ANS-1991 - Bush snr conservative Favors state over federal powers (originalist) Ruth Bader Ginsburg - ANS-1993 - Clinton liberal Separation of religion and power in companies Stephen Breyer - ANS-1994 - Clinton liberal Likes checks and balances Samuel Alito - ANS-2006 - W. Bush jr conservative Not a fan of trade unions Sonya Sotomayor - ANS-2009 - Obama 
