Exam questions

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  3 ways structural theory affects legislative process us/uk

  Congress = true bicameral legislature, both chambers enjoy equal power

  • Parliament = structurally bicameral, HoC dominates, HoL largely revising chamber -> parliament acts 1919+49
  • Congress = real legislature bc of separation of powers
  • Parliament = not initiating legislature but approving it, due to fusion of powers - executive dominates -> esp if they have a large party (Johnson 2019, Blair 1997)
• 3 ways structural theory affects legislative process

  • Congress members = more independent when voting, no manifesto
  • Uk - have to toe party lie, national manifesto to follow, whips have a lot of power and discipline
• The Uk Supreme Court as important as us court?

  • US - politicised, bc of appointments process, nature of cases Supreme Court hears
  • Uk - judiciary much less politicised, under pressure from media over certain rulings, but hardly politicised
  • Uk - much younger, still evolving
  • Us - created when the country was created
  • Nature of cases
  • Us - inevitably political, roe v wade, bush v gore, ‘legislating from the bench’
  • Uk - rarely has controversial cases - except triggering article 50, anti-terrorist legislation
• Explain and analyse the significance of 3 powers of the US Congress (1)

  passing legislation - 1964 civil rights act - significant act as it prevents discrimination toward race, religion, sex etc. - this allows individuals to use the act in court when defending their rights 
• Explain and analyse the significance of 3 powers of the US Congress (2)

  power of impeachment - e.g 2019 trump impeachment trial - due to Trump allegedly using Ukrainian authorities to influence 2020 presidential election - significant as congress can check president to prevent dictatorship inwhich was feared by the constiution - although you could argue this is a weak power as Trump was never removed from office
• Explain and analyse the significance of 3 powers of the US Congress (3)

  override presidential veto - can do this via a supermajority in both houses - 2016 Obamas veto of justice against sponsors of terrorism act was overriden by congress - shows that checks and balances by president on congress arent significant - shows how congress holds more power than president
• Explain and analyse three ways in which the Bill of Rights protects civil rights and liberties in the USA.

  1. first amendment - right to free speech and religion - gave citizens right to free speech e.g pressure groups being allowed to use SuperPACs and spend unlimited amounts

  • second ammendment - right to bear arms - gave citizens gun rights and protection rights
  • thirteenth ammendment - abolished slavery - increased civil rights for slaves in 19th century
• Explain and analyse three roles performed by US congressional committees

  standing committee - hold hearings during the committee stage of a bill - vote on wether the bill should proceed to the house or the senate - significant as they scrutinise legislation - important check on the executive - they can influence legislation due to the members expertise on policy
• Explain and analyse three roles performed by US congressional committees (2)

  select committee - deals with urgent issues to prevent standing committee from being overloaded - they investigate issues - e.g 2017 - 2020 senate select committe on on inteligence investiagted russian interferenace in 2016 presidential elections- this allows presidential scrutiny
• Explain and analyse three roles performed by US congressional committees (3)

  • house of rules committee - standing committee in the HOR - sets out rules for the bills (how much time they have on the floor and wether ammendments should be added to the bill) - determines which bills will be considered and how they will be debated - it has the power to prioritize certain bills over others - the decisions made by the House Rules Committee can have a significant impact on the fate of legislation - If a bill is granted a rule that limits debate and amendments, it is more likely to pass quickly
• Explain and analyse three principles of the US Constitution

  • vague - many of the powers are implied powers - weakness - nothing said about slavery in the original doc. - led to a bloody civil war to abolish slavery (13th amendment)
  • codified - constitution is difficult to amend - entrenched rights
  • constitution is sovereign - neither congress or president can overrule it
• Uk SC as important as US court?

  Yes

  • The UK SC has dealt with significant issues under judicial reviews with the impeachment of Boris Johnson after party gate in 2021
• Uk as important as US court

  No-The UK SC is overseen by the JAC, after the constitutional reform Act 2005, ensuring the political influence from the legislature and executive on the judiciary is minimal. -The USSC is one of the three main branches, outlined in the SU constitution in the separation of powers, the US SC holds greater responsibility and impact -The US judiciary plays a role in checks and balances on the executive and legislative branches, in which, the separation of powers and balance of power is sustained - judicial review - unconstitutional actions - Guantanamo Bay scandal
• Civil rights and liberties are more effectively promoted and protected in the US than in the UK. Analyse and evaluate this statement

  YesNo

  • The US constitution ensures constitutional laws and amendments are entrenched and safe, protecting people's right and liberties
  • The US constitutional laws and amendments are so entrenched that civil rights and liberty laws can become outdated, therefore, the UK's more flexible uncodified constitution can ensure rights are modern and updated like the HRA 1998, EA 2010, FI 2000 and DPA 2018
• Devolution has brought the UK closer to the federal system of government found in the US. Analyse and evaluate this statement

  Yes

  • The UK has developed a quasi-federal system, in which devolved parliaments do retain power, but the national parliament has the highest authority - devolved parliament have primary legislative powers, therefore, they can act according to what their nation wants, similar to state laws
  • The UK is more recently operating as a quasi-federal nation, with greater involvement of devolution.