Politics - paper two - US government and politics
The executive branch of government: President: constraints on President’s ability to exercise those powers
Congress Supreme Court / Judicial Review
Congress has the power to amend, delay or reject the Following the exposure of the 1972 Watergate Scandal,
president’s legislative proposals. This was evident in the Supreme Court declared that Nixon’s refusal to
2017, when Congress rejected Trump’s proposal to publicly release the tapes was unconstitutional. Nixon
reduce health research funds by $7.5 billion or 22%. argued in 1974 that this was an infringement on both his
This would have reduced the likelihood of discovering privacy as well as the 1st amendment.
cures as well as treatment in American healthcare -
furthermore, this would have enabled funding to be at
its lowest since 2002.
Congress has the ability to override the president’s veto. In 1997, Congress declared Clinton as acting
This was exercised in 2016 when Congress legally unconstitutionally for claiming immunity from
allowed victims of 9/11 to lawfully sue the state of prosecutor Paula Jones, who had accused him of sexual
Saudi Arabia, despite how Obama had vetoed the bill assault. Clinton attempted to delay the trial until his
believing it would create further tension. Obama was presidency ended in 2000, however this was rejected.
criticised for this “anti-American'' decision and was Clinton was criticised for attempting to avoid
defeated 348-77. responsibility.
Congress also has the power to reject the president’s In 2006, the Supreme Court declared Bush’s
nomination. This last occurred in 1989, when George establishment of Guantanamo Bay as being
Bush’s nomination for ‘secretary of defence’, John unconstitutional where he attempted to have detained
Tower was rejected 53-47 due to his supposed prisoners tried for war crimes. The Supreme Court
drunkenness, womanising as well as involvement with stated that this was unlawful imprisonment which
defence contractors. conflicted with the 8th amendment.
Comparative Politics: theoretical approaches – rational.
Structural approach
- A structural approach suggests that political outcomes are largely determined by the formal processes laid
out within the political system. These create particular relationships such as between the government and
governed, between employers and employees, between party establishment and members as well as pressure
groups and their members. As a consequence, the lives of individuals are largely determined based upon
their position within a structure.
Rational approach
- This approach focuses on individuals rather than institutions. It assumes that individuals act in a rational and
logical way in order to maximise their own self interest; therefore choose what will be rationally more
beneficial to themselves. It suggests that every individual has their own political goals whether that be
environmentally, socially, economically or culturally based; they make decisions based upon achieving such
goals. A rational approach suggests that individuals will act rationally, choosing to act in a particular way to
enable the most beneficial outcome. When considering the rational approach, it is evident how it has
impacted voting behaviour - evident when considering how, when in 1980, Ronald Regan asked voters “are
you better off than you were four years ago?” and therefore appealing to their rationally knowing the
discontent of Americans under Carter whose self interest had remained without change. Similarly, Boris
Johnson appealed to the rational interest of voters regarding economic and nation reform in 2019 following
Brexit.
Cultural approach
- The cultural approach focuses on neither the individual nor the institution, but instead on ideas. This
fundamentally revolves around the cultural identity of a nation (etc politics, social, religion.) These are all
features which can be perceived as influencing people’s perceptions and behaviour. Enabling everybody to
understand who they are collectively, and what is important to them as UK or American citizens. This
enables communities to be established with shared ideas, beliefs and values. However, when considering the
social complexity and size of both the US and UK, there are more sub-cultures which are not as easy to
identify.
, US UK
Constitution - Elected head of state - The executive is not the
- Elected legislators: senate head of state however does
and house of exercise such powers on
representatives the monarch’s behalf.
- Regular elections: - Elected legislators: house
electoral system of commons
- Semi independent - Regular elections: FPTP
judiciary as there is checks - Independent judiciary
and balances and evident through the
separation of power, as constitution reform act of
well as judicial review 2005 and private
however the checks and appointments, judicial
balances are appointed by review.
the president at a federal - Uncodified : flexibility, no
level - which does not higher law, multiple
occur in the UK. The US’s sources
judicial review is stronger - The uk constitution is not
due to codification. sovereign instead
- codified : entrenchment, parliament is
stronger judicial review,
clear higher law
- The constitution is
sovereign
Parliament vs Congress - Congress is the highest - Represent supreme law
level of law making as the making authority through
federal legislator parliamentary sovereignty
- Bicameral (Senate and - Bicameral (Lords and
Representatives) Commons)
- Congress check and - Parliament check and
scrutinise the executive scrutinise the executive
- (checks and balances) (question their decisions,
- Dominated by political fusion)
parties (Democrats and - Parliament is dominated
Republicans) by two parties however not
- Elected representatives entirely.
(entirely) - Elected representatives
- Legislative is limited by (commons)
the US constitution - No legislative limitation
- In congress, impeachment - Vote of no confidence in
is directed more against a the government (Boris
singular individual Johnson 6th of June 2022.
(Nixon)
Judiciary - The Supreme Court was - The UK supreme court
included in the evolved in 2009 where it
constitution and first met was installed as a new
in 1790 constitution separate from
- US justices are nominated the Lords
by the president and - Judices are chosen by an
confirmed by the Senate independent selection
- There is no official agency however do need
requirements to become a to be approved by the Lord
judicial judge Chancellor
- In 2018, 3 of the 9 justices - To become a judicial you
were women need to have been a senior
- In 2018, two members judge for at least 2 years or
were of an ethnic minority senior courts lawyer judge
- The role of a judicial is a for 15
life tenure (William O. - In 2018, 3 of the 12 judges