Give 2 strengths of amendment process:
Each nominee undergoes detailed scrutiny
eg. Full senate vote on Brett Kavanaugh was delayed until the FBI investigation had reported on his allegations.
Senate confirmation checks presidential power
eg. Rejection of Bork (also Miers withdrawal)
Give 2 weaknesses if the amendment process:
Justices appointed over political leanings rather than legal expertise
eg. Chief Justice Earl Warren disappointed President Eisenhower as he behaved more liberally than expected.
Public nature of the confirmation process can lead it to becoming a ‘media circus’
eg. Group called Demand Justice spent £1.1 million on TV ads opposing Kavanaugh’s nomination.
Is Supreme Court Independent? YES
Article 3 protects their salary. Once appointed, they have** tenure (life), and can’t be impeached over politics**. Impeached only if they have committed a crime. So have no fear of being reprimanded over their executive decisions.
eg. Chief Justice Earl Warren behaved more liberally than expected, but couldn’t be impeached over this. No justice has ever been impeached.
Can check presidential power by judicial review.
eg. Biden v Nebraska, Biden exceeded his powers in forgiveness of student loans.
Can interpret the constitution.
eg. Morse v Frederick his free speech rights weren’t violated.
Is Supreme Court independent? NO:
Appointed by President and confirmed by Senate, so elected politicians choose its composition, eg. Trump appointed Brett Kavanaugh.
Congress has power to alter the SC composition, eg. President Roosevelt considers increasing its size in 1930s. Recently in 2022 some Democratic politicians made calls for it to be expanded after the Dobbs v Jackson ruling.
Judicial activism/ Judicisl restraint.
For judicial activism
Supreme court remove existing policy
eg. Biden V Nebraska
But… Biden got some of his way? Counter point.
SC establishes new policy
eg. Obergefell v Hodges, violated 14th amendment without it.
SC can overturn precedent, abandon originalism.
eg. Citizens United v FEC.. unconstitutional to limit election spending.
Judicial activism/ Judicisl restraint.
For judicial restraint
Dobbs v Jackson reversed Texas strict laws on abortion providers, which override Roe v Wade
Shows continued defense of Roe V Wade
Is Congress representative? YES
Senate gives equality to bigger and small states, as they all have two Senators, meaning smaller states aren’t ignored. House of Representatives is representative in the way that it is proportionate to the population.
Both parties are broad church parties representing a range of ideological views, eg. Democrats less for guns and Republicans more for gun rights. So the majority of key interests are represented by Congress.
Improving in representation, eg. In 2018 women made up 23% of the HOR and in 2024 29% of the HOR. This is important to represent views of the nation on women issues… (but may not reflect all women views)
Is Congress representative? NO
Gender representaiton in Congress isn’t proportionate to the population, eg. HOR women 29% 2024, when 50% of general population. So female perspectives aren’t represented effectively. This is significant as it causes debates like abortion and citizens unhappy.
Congress represents the views of the wealthy, disadvantaging the representation of may Americans, as virtually no members of Congress have experienced poverty. Additionally, the average Senate race costs $10 million so wealthy donors represented 9on economic and social views.
Each HOR representative represents about 700k people… naive.
Is the Senate or HOR more powerful? FOR SENATE BEING MORE POWERFUL…
National role: Approve of Judicial appointments made by the President, eg. Kavanaugh 2018.
Each vote in Senate is worth more than HOR as there are 100 members of Senate.
**In 2017, there were 50+ former HOR members in Senate… no former Senate members in HOR. **Suggests Senate more important.
Is the Senate or HOR more powerful? FOR HOR BEING EQUALLY POWERFUL…
Both are paid the same.
The HOR and Senate both vote on legislation, so the HOR can’t be ignored so is just as powerful.
Is Congress effective at passing legislation? YES
United govt -> easier.
Eg. Obama first two years united govt Obamacare success
Last six years divided govt , preventing him from passing gun control measures.
Is Congress effective at passing legislation? NO
Requires 2/3 majority in both houses (supermajority), so goes against majoritarian democracy and this harder to pass legislation.
Eg. For the People Act lacked 60 votes needed in Senate.
Legislation passed can be vetoed by the President, and overriding this is rarely successful by Congress. Eg. Obama vetoes 12 times but Con he was only overrided 1.
What powers can the president do formally?
Veto legislation, eg. Obama vetoed 12.
Nominate federal judges, eg. Brett by Trump
Sign legislation eg. Obamacare/ Epstein Files Transparency Act
Presidential pardon, eg. Jan 6th rioters 1500+ by Trump… Trump said he had absolute right to pardon self, but wouldn’t protect him from impeachment.
Is Cabinet important? YES
Media Coverage -> President appears collegial and conductive. Cabinet meetings are important photo opportunity reassure people of an open administration.
Team Spirit -> especially vital at start of admin.
Cabinet officers run large departments, all heads of 15 executive departments are automatic members, so they have a high reponsibility nationally that influences a large number of people.
Is Cabinet important? NO
Article 2 vests all executive power in the President, and the Constitution is supreme.
Cabinet officers aren’t rivals to the President so aren’t feared, not much effective scrutiny?
Cabinet meetings aren’t hugely important to officers as much of their work is away from the White House, and their loyalties are done to their respective departments.
Is US foreign policy dominated as much by Congress as by the Presidency? YES (EQUALLY DOMINANT):
Constitution checks and balances to prevent one branch dominating on foreign policy, eg. NATO. So Presidents can’t act unilaterally when dealing with other countries.
Presidents rely on Congress to support them in foreign policy, like to allocate funds, and Congress has the power of the purse.
Is US foreign policy dominated as much by Congress as by the Presidency? NO (PRESIDENT MORE POWRFUL)
Presidents are the commander in chief, so can for example deploy troops without consulting Congress.
Eg. Trump military action to Iran without Congressional approval.
Eg. Obama withdrew last troops from Iraq in 2011.
However, Congress is needed to declare war and they have power of purse so can refuse funding. BUT Democrats tried to use power of purse to limit the Iraq war but failed.
Factors that ASSIST (help) presidents achieving their aims:
United govt (eg. Obama Obamacare first two years)
Clear focus on aims for support (Bush 9/11 terrorism focus, Obama healthcare focus)
Persuassive (Obama compromised on issues like abortion to get Obamacare passed)
Reacting well to crisis, (Bush 9/11 popularity ratings in 90s%)
Factors that HINDER (limit) presidents achieving their aims:
Divided govt, (eg. Obama gun control measures 2012)
Lack of focusharder to persuade Congress (attempts to build a wall failed and American Healthcare Act Trump first term)
Poor reaction to crisis (Trump response to Covid-19)
Failure to persuade (eg. Trump over healthcare reform… removed best elements of Obamacare)
Similarities between UK and US executives:
Both head of govt, act as national figurehead during times of crisis…
UK = Blair 2005 London Bombings, BJ Covid popularity temporarily rose
US = Bush 9/11 popularity ratings 90%s
Both PM and President leaders of respective parties decide broad political direction of their admins. Can both decide extent of deputy PM/ VP role
UK = Deputy PM role under PM’s discretion,
US = Biden under Obama more important VP role than Pence under Trump.
Foreign Policy
UK = Thatcher key role in Falklands war, Blair Iraq war, BJ financial and military Ukraine support
US = Bush Iraq and Trump North Korea
Declaring War
UK = use royal prerogative to declare war and deploy troops abroad.
US = Commander in chief of armed forces
Both subject to scrutiny from either Parliament or Congress.
Differences between UK and US executives:
US President can pardon people, eg. Trump 1500+ Jan 6th, whereas UK PM cannot.. only monarch as powers separated.
US head of state and govt, UK roles separated monarch (state) PM (govt).
Separation of powers v fusion of powers
UK = This makes passing leg easier, as PM and Cabinet are physically in Parliament and typically united govt .
US = President nor cabinet are congress members.
Divided govt rarity
UK = Often majority govt so leg easier to pass (BUT MAY STRUGGLED IN MIN GOVT WITH BREXIT)
US = Divided govt more common, eg. Obama divided govt struggled to pass gun control measures in 2012.
Similarities between UK and US legislatures:
Both get scrutinised form the legislature
US = PM can be impeached, but never happened before.. Nixon resigned.
UK = Can be removed via a vote of no confidence, but last happened in 1979.
Differences between UK and US legislature:
PM faces more scrutiny from legislature.
UK = PMQs Weekly Wednesday
US = President isn’t subject to personal questioning by Congress.
PM and whole executive are members of HOC or HOL, whereas President and cabinet can’t be members of Congress, eg. Obama stepped down from Senate before becoming President… but VP can cast Senste tie-breaking vote.
Similarities between UK and US Cabinet:
In both, cabinet members are responsible for defence, treasury, and education departments.
In both, cabinet meetings support team spirit and enable discussion, eg. Both in Covid
In both, cabinets aim to be diverse, eg. Trump’s second cabinet was more diverse than his first.
Uk Cabinet now around 50% women.
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