Exam (elaborations)

Paper 3A: Comparative Politics - USA

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PEARSON (PEARSON)

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Uploaded on November 1, 2023
Number of pages 25
Written in 2023/2024
Type Exam (elaborations)
Contains Questions & answers

Study Level A/AS Level
Examinator PEARSON (PEARSON)
Subject Government and Politics
Unit Unknown

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Chapter 1: US Constitution and Federalism
1. Evaluate the extent to which the vagueness of the US constitution is beneficial
2. Evaluate the view that the impacts of the Constitution on the US government are positive
3. Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government.
4. Evaluate the extent to which the US Constitution ensures civil liberties are protected by the Supreme Court
5. Evaluate the extent to which the US constitution is no longer fit for purpose
6. Evaluate the extent to which America still remains federal today
7. Evaluate the extent to which the process to amend the US constitution works well
8. Evaluate the view that the us constitution is more effective at checking the power of the president than it is at checking the power of
congress
9. Evaluate the view that the relationship between the federal gov and the states is determined more by the president than the us
consitution
10. Analyse the differences between federalism in the US constitution and devolution in the UK constitution (12)

Chapter 2: Congress
1. ‘The Senate is the more powerful chamber in Congress’ - how far do you agree?
2. Evaluate the extent to which Congressional checks on the Executive and Judiciary are effective
3. Evaluate the extent to which partisanship has led to more checks on the President
4. Evaluate the extent to which US Congress is a representative body
5. Evaluate the extent to which congress carries out its functions effectively
6. Evaluate the extent to which congress is less effective when different parties control its two chambers
7. Evaluate the extent to which the real work of Congress occurs in committees rather than chambers
8. Evaluate the extent to which congress still has a meaningful foreign policy
9. Legislative process is more effectively influenced by pressure groups than political parties (in essay plan k did)
10. Examine the differences in the way legislation is passed in US Congress and the UK Parliament (12)
11. Examine the strengths and weakness of the upper chambers in the UK and the USA (12)

Chapter 3: US Presidency
1. Evaluate the extent to which presidential power can be limited by US Congress
2. Evaluate the extent to which presidential power can be limited by the US constitution
3. Evaluate the view that the most significant limit on presidential power is the Supreme Court
4. Evaluate the extent to which an electoral mandate is the most significant power a president can have
5. Presidential power is the ‘power to persuade’–how far do agree?
6. Evaluate whether the USA has had an ‘imperial presidency’ or ‘imperilled Presidency
7. Evaluate the extent to which presidents have achieved their aims effectively since 1992
8. Examine the similarities between the powers of the executives in the UK and US (12).
9. Examine the similarities and differences between the executives in the UK and US (12).- Incomplete
10. Examine the difference between the degree of power of PM’s and Presidents (12)

Chapter 4: US Supreme Court and US civil rights
1. Evaluate the view that the strengths of the appointment process to the Supreme Court outweigh the weaknesses
2. Evaluate the extent to which the main factor influencing the president’s choice of nominee for the Supreme Court is their ideology
3. Evaluate the extent to which the Supreme Court has quasi-legislative powers
4. Evaluate the extent to which the supreme court has protected constitutional rights in recent years
5. Evaluate the extent to which the supreme court is now an ‘imperial judiciary’
6. Examine the levels of independence of the Supreme Court in the US and the UK (12)
7. Examine the ways in which the members of the US and UK Supreme Courts are appointed (12)
8. Examine the ways in which civil rights are protected in the UK and US (12)
9. Analyse the differences in the powers of the UK and US supreme courts (12)

Chapter 5: Democracy and Participation
1. Evaluate the extent to which the incumbent President’s advantages make challenging them impossible
2. Evaluate the extent to which the campaign finance system in the US needs reform
3. Evaluate the extent to which education is the most significant factor in influencing voting patterns
4. Evaluate the view that interest groups enhance democracy in the USA
5. Evaluate the view that the advantages of the electoral college outweigh the disadvantages
6. Evaluate the extent to which the primary stage (process of selecting presidential candidates) of US elections is ineffective
7. Evaluate the extent to which there is agreement on principles of Democrats and Republicans
8. Analyse campaign finance in the US and the UK (12)
9. Examine the similarities in the policies of the Republican party in the US and the Conservative party in the UK
10. Examine the factors that enhance the power of pressure groups in both the US and the UK. (12)
11. Analyse the differences in party unity in the US and in the UK (12)

,Evaluate the extent to which the vagueness of the constitution is beneficial

● Enumerated powers- explicitly in constitution
● Implied powers- reasonably implied by enumerated powers.

Implied powers help congress ensure the safety of citizens
(Elastic clause/necessary and proper clause)
● Constitution doesn't specifically give Congress the authority to decide what is a crime or not.
○ US v. Comstock (2010), 2 men convicted were held 2 years past their original sentence because of a statute allowing
gov to hold people deemed "sexually dangerous." Went to SC, argued unconstitutional. SC ruled against, said ‘N&P
clause’ gives Congress broad authority to enact such a law and gov responsible for protecting citizens by keeping
dangerous people out of society.
○ COVID-19 Relief Legislation: Congress passed several relief bills to address the health and economic impacts of the
crisis. Eg CARES Act in 2020, American Rescue Plan Act in 2021, involved the exercise of implied powers to ensure
the safety and welfare of citizens during the public health emergency. This helped allocate funds for vaccine
distribution, small business assistance etc
YET can enable congress to go against peoples rights
● FISA Amendments Act (2008): Granted expanded surveillance powers to the government. The broad language/lack of specific
requirements for obtaining surveillance warrants= potential violations of privacy rights /the limitation of individuals' freedom from
unreasonable searches and seizures.
● USA PATRIOT Act (2001): After 11/11 this aimed to enhance national security efforts but raised concerns about potential
infringements on civil liberties. The vague language/broad powers granted under the Act, such as expanded surveillance
authorities and the collection of personal data, could potentially infringe on individuals' privacy rights and freedoms of speech and
association.

Allows constitution to evolve without formal amendment as open to interpretation
● Rights are found in the Constitution that are not explicitly referenced in the document itself.
○ Obergefell v Hodges (2015) legalisation of same-sex marriage
○ US v. Windsor (2013) ruled denying marriage benefits to same sex couples that heterosexual couples were entitled to
was unlawful, despite this issue not being mentioned in the Constitution.
○ Roe v Wade (1973) woman’s right to an abortion in the Supreme Court Case
Potential for Abuse: Vagueness can be exploited by those in power to limit rights and freedoms.
● Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018): Court ruled in favor of a Colorado baker who refused to create
a wedding cake for a same-sex couple, citing his religious beliefs.
○ Potential for religious exemptions undermining anti-discrimination protection for LGBTQ+ individuals.
● Overturning row v wade

Evaluate the view that the impacts of the Constitution on the US government are positive

The Constitution prevents effective government as it is difficult to amend
● Only 27 amendments have been successful since 1878. This 0.2% success rate= ‘tyranny of the minority’= frustrated democratic
will of majority.
● Due to 2⁄3 congressional vote needed amendments such as 2nd are difficult to scrutinise due to the presence of interest groups
such as the NRA.
○ Obama attempted to tighten gun controls in 2012 after the sandy hook shooting. criminal background checks on gun
sales and advised congress to Provide $30 million in grants to states to help schools develop emergency response
plans. congress did little.
○ Proposed Assault Weapons Ban of 2013 a month after the shootings, the bill banned the sale of more than 150 specific
firearm models. Although there was widespread public support for more restrictive gun laws, the bill was defeated 60–
40 in the Senate
○ The Manchin-Toomey Background Check expansion bill failed in the senate (54-46) despite being a huge compromise
(only required checks for internet/public sales, not between family and friends)
HOWEVER it does work, rigorous process is essential
● The 26th amendment was ratified in 1971 which gave 18 year olds the right to vote. It was agreed by 38/50 states legislatures.
Shows that the amendment process works well as congress can pass necessary amendments when they engage in bipartisanship
and compromise. It also passed relatively quickly, proposed in March and ratified in July.

Protection of rights in the us constitution (Rigidity upholds bill of rights)
Entrenches the bill of rights
● 1st amendment protects right to speech, press, religion, assembly and petition which allowed protests such as the 2020 BLM
protests to go ahead or LGBTQ+
● Snyder v Phelps 2011
○ SC held that the First Amendment protects those who stage a protest at the funeral of a military service member from
liability.
● 2018 Carpenter v US
○ Acquiring cell phone location data amounts to a 4th amendment search and would require a warrant. Landmark case
concerning protection of the right to privacy in the modern age.
Potential for Abuse: Vagueness can be exploited by those in power to limit rights and freedoms.
● Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018): Court ruled in favor of a Colorado baker who refused to create
a wedding cake for a same-sex couple, citing his religious beliefs.
○ Potential for religious exemptions undermining anti-discrimination protection for LGBTQ+ individuals.
● Overturning row v wade

Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government.

, legislative gridlock due to different parties controlling different houses/presidency.
● federal government shutdown 2018-2019 during Trumps presidency was because congress and Trump could not agree on his
demand for $5.7 billion in federal funds for a U.S.Mexico border wall.
● Since the Democrats refused to support the wall, this led to legislative gridlock as congress ultimately has the ‘power of the purse’
and not Trump.
○ =nine executive departments with around 800,000 employees having to shut down, affecting about one-fourth of
government activities/causing employees to work without being paid.
○ Congressional Budget Office estimated the shutdown cost to the American economy at at least $11 billion USD.
○ Led to immigration cases getting postponed for years.
● Washington Post stating that congressional gridlock has doubled since the 1950s, showing that it is a long term issue due to the
constitutional system.
● Throughout almost the entire Obama administration the Republicans have controlled the House and the Democrats the Senate
from 2011-2014, resulting in two terms of divided government, meaning that they were unable to get many of Obama’s proposed
reforms enacted.
This undermines democratic legitimacy and provides an obstacle to an effective government as nothing was done in the form of enacting new
laws or making key decisions.
HOWEVER legislative gridlock due to checks and balances can be positive as proposed/amended legislation goes through more scrutiny.
● Despite Nixon vetoing the War powers act 1973, Congress overrode his veto, and the resolution became law.
● This shows that checks and balances provide an effective government as the relationship between the branches (congress and
president) can work together and enact legilsation.
○ However, overall, this argument is not as convincing as several presidents have been accused of failing to comply with
the regulations of the Wars Powers Act such as Trumps actions in Iran without the consent of congress.
● Overall, legislative gridlock is an obstacle to effective government as it makes the government unable pass necessary legislation,
as well as federal government shutdowns that proceed as a result, going against fundamental human rights.

Supreme Court's power to interpret the Constitution and strike down laws can lead to judicial activism=can hinder effective
governance by circumventing the democratic proces
● Overturn Roe v Wade nullified the longstanding constitutional right to abortion and eliminated federal standards on abortion access
that had been established by earlier decisions.
● Obergefell v. Hodges (2015): In this landmark case, the Supreme Court legalized same-sex marriage nationwide.
YET not an obstacle as
● 2012 SC upheld the constitutionality of the Affordable Care Act (ACA)/obamacare by saying it was valid exercise of Congress's
taxing power. The Court engaged in an overly expansive interpretation of the taxing power to save the ACA from being struck
down
● 2020 the court rejected the Texas lawsuit imposed by Trump challenging Biden’s win

Evaluate the extent to which the US constitution ensures civil liberties are protected by the Supreme Court.

Vagueness allows to adapt. Living constitution
● Obergefell v Hodges (2015) legalisation of same-sex marriage
● US v. Windsor (2013) ruled denying marriage benefits to same sex couples that heterosexual couples were entitled to was
unlawful, despite this issue not being mentioned in the Constitution.
● Roe v Wade (1973) woman’s right to an abortion in the Supreme Court Case
Potential for Abuse: Constitutional vagueness gives too much power over interpretation to SC
● Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018): Court ruled in favor of a Colorado baker who refused to create
a wedding cake for a same-sex couple, citing his religious beliefs.
○ Potential for religious exemptions undermining anti-discrimination protection for LGBTQ+ individuals.
● Overturning row v wade
● 2010 the court equated freedom of speech to freedom to spend freely on campaigns. This undermines the equal
votes act as some people have more power over elections due to a financial advantage→ elitism

Bill of Rights (1st 10 ammendments) guarantees civil liberties:
● Snyder v Phelps (2011)- protesting at a military officrs funeral. Baptist church members picketed at the funeral of a former soldier
holding signs saying ‘Thank God for dead soldiers’. Protected through 1st amendment (freedom of speech) although controversial
in a 8-1 vote
● Carpenter v. US (2018): In this case, the Supreme Court held that the government's acquisition of historical cell phone location
records without a warrant violated the Fourth Amendment's protection against unreasonable searches and seizures.
Judicial review (gave itself the power mardbury v madison):
● Obergefell v. Hodges (2015): SC reviewed the constitutionality of same-sex marriage bans. Struck down state laws that prohibited
same-sex marriage, ruling that they violated the 14th Amendment's guarantees of due process and equal protection.
● Shelby County v. Holder (2013): reviewed the constitutionality of a provision of the Voting Rights Act of 1965. Section 4(b)
contained a coverage formula that determined which jurisdictions were required to obtain federal approval before making changes
to their voting laws or practices. SC struck down Section 4(b) of the Voting Rights Act= coverage formula based on outdated data
and could no longer be justified as a rational means of enforcing the 15th Amendment's prohibition against racial discrimination in
voting. The formula imposed significant burdens on the jurisdictions it covered without sufficient justification.
● Fisher v University of Texas (2016): Reviewed the affirmative action admissions policy of the Uni of Texas to determine its
constitutionality under the Equal Protection Clause of the 14th Ammendment. Ruled the clause allowed for the consideration of
race in university applications as long as it was strictly scrutinised.

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