Key paper 3 examples

• US Constitution:

  • Separation of powers: Biden and Obama both had to step down from the Senate when they became President to ensure that no individual cam be part of two branches of government
  • Checks and balances + separation of power: In Biden's 2023 State of the Union Address, he implored Congress to pass policing reform, immigration legislation and codify abortion rights. However, due to the House of Reps being Republican controlled, none of these policies had any traction, demonstrating that separation of powers and checks and balances effectively check presidential power
• Federalism:

  • 2017 Trump executive order that withheld federal grants from sanctuary cities was struck down and declared unconstitutional as it was well within state rights to have sanctuary cities and choose not to cooperate with federal immigration officials, due to the state power to provide for public safety. Highlights the Supreme Court's integral role in maintaining federalism
• Federalism:

  • States can stand up to the federal government and take a different action when they disagree with federal policy: Texas Republican governor Greg Abbot accused Biden's administration of not effectively managing the US-Mexico border in December 2023, in response to illegal crossings per month rising above 200,000. He issued an executive order authorising the Texas National Guard to apprehend illegal immigrants and return them to the border
• Federalism:

  • States can retain significant policy control: legalisation of cannabis in some states, with 38 legalising the medical use of cannabis, and 23 legalising its recreational use. California has legalised recreational use, Florida just medical use and Texas neither.
• Congress:

  • Bipartisan legislation: The Coronavirus Aid, Relief, and Economic Security (CARES) Act, a $2.2 trillion economic stimulus law in response to COVID-19 was passed under divided government in March 2020
  • Bipartisan legislation: April 2024, Congress passed a $95B foreign aid package to Ukraine, Israel and Taiwan- National Security Act 2024 despite major disagreements in the Republican Party. Eventually, House Speaker Mike Johnson recognised the importance of fulfilling the US' international military obligations, backing the legislation
• Congress:

  • Filibuster: the Manchin-Toomey Gun Control Bill, passed by the House of Representatives, failed to be passed by the Senate in 2012, with the vote to end the filibuster falling short at 54-46, due to staunch opposition from Republicans and a few Democrats from states with strong pro-gun constituencies
• Presidency:

  • Following 9/11, Bush was granted significant power to respond to the national crises, with Congress willing to pass much of his legislation in order to respond quickly and effectively, such as the US PATRIOT Act, which expanded surveillance and law enforcement powers
• Presidency:

  • Following Hurricane Katrina, Bush's presidency was severely criticised for its slow and inadequate response, and ultimately Bush's approval ratings and popularity plummeted. This fallout was seen in the Republican's poor performance in the 2006 midterm elections, where Democrats gained control of both the House and Senate
• Presidency:

  • In the final 100 days of Presidency, Presidents are often unable to exert significant power due to it being so close to election, often known as a 'lame duck' presidency. For example, Obama was unable to appoint Supreme Court nominee Merrick Garland, due to the Republican controlled Senate arguing that because it was election year, the next President should be able to fulfil the vacancy
• Formal Powers:

  • Presidential power to veto: Obama vetoed 12 bills and Trump vetoed 10. For example, in May 2020, Trump vetoed the Iran War Powers resolution, which would have limited the President's authority to use military force against Iran without congressional approval
• Informal Powers:

  • With a Republican majority in both houses during his initial two years, Trump was able to secure key legislation, such as the Tax Cuts and Job Act in 2017
  • Biden's early term, marked by a narrow Democratic majority in both houses, allowed for early legislative successes increased the American Rescue Plan Act and Inflation Reduction Act, both passing with no Republican votes in either chamber
  • Trump's assassination of Iranian General Qasem Soleimani in January 2020, without formal declarations of war from Congress

   
• US Supreme Court:

  • In June 2023, the Supreme Court ruled that Biden's $430 billion student debt forgiveness plan was unconstitutional: judicial review
  • In 2021, the case California v. Texas challenged the constitutionality of the Affordable Care Act, which was dismissed in a 7-2 decision. Crucially, key Conservative justices such as Coney Barrett voted to uphold the ACA, despite it directly clashing with Conservative and Republican agenda.
• US Supreme Court:

  • Voting Rights Act of 1965 established a formula to identify areas with histories of discrimination and subjected them to federal oversight, was ruled unconstitutional in Shelby County v. Holder (2013), making it much easier for Republican states to introduce racially discriminatory changes to voting procedures, such as strict photo ID laws in Texas, Mississippi and Alabama, causing African American turnout to decline in these states
• Elections:

  • New Hampshire Primary in 1992: Buchanan's strong showing in the New Hampshire primary, where he garnered about 37% of the vote compared to Bush's 53%, demonstrated significant discontent within the party. While Bush won the primary, the close result was a signal of his weakened support. The challenge forced Bush to spend resources and attention on the primary battle instead of focusing entirely on the general election.
• Campaign Finance:

  • The 2020 US presidential election was the most expensive in history, with an estimated $14 billion spent by candidates, parties, and support groups. Sheldon and Miriam Adelson were among the largest individual donors in the 2020 election, contributing over $90 million to various Republican causes and candidates, including substantial support for President Donald Trump's re-election campaign.
• Campaign Finance:

  • In the 2022 midterm elections, Super PACs like Senate Majority PAC and Congressional Leadership Fund spent hundreds of millions of dollars supporting Democratic and Republican candidates respectively. This can be argued to undermine democracy as it gives corporations and wealthy individuals influence over the political process, such as the CEO of Murray Energy donating $300,000 to Trump's inauguration
• Campaign Finance:

  • The concept of 'dark money' and the use of 527 organizations, as seen in the loophole in the McCain-Feingold Act, allow for significant sums to be spent without full disclosure. For instance, organisations like the Lincoln Project in 2020 spent over $67 million without full transparency about their funding sources.

   
• Interest Groups:

  • Congress has failed to pass immigration reform or any of the legislation proposed to address the racism raised by the Black Lives Matter movement
  • US chamber of Commerce: One of the most powerful business lobbying groups in the country. It advocates for pro-business policies, including tax cuts, deregulation, and free trade agreements. The Chamber played a crucial role in lobbying for the Tax Cuts and Jobs Act of 2017, which lowered corporate tax rates and aimed to boost economic growth.
• Incumbency:

  • Senator Mitch McConnell: McConnell has been a U.S. Senator since 1985 and has repeatedly leveraged his incumbency to secure re-election. His leadership positions, including Senate Majority Leader, have given him significant influence and visibility
  • Representative Nancy Pelosi: Serving in the House of Representatives since 1987, Pelosi has used her incumbency to rise to prominent positions, including Speaker of the House. Her long tenure and leadership roles have provided her with substantial political clout and fundraising capabilities.
• Incumbency:

  • During his 2012 re-election campaign, President Barack Obama was able to leverage his incumbency to amass a formidable war chest. He raised over $700 million, significantly out- fundraising his challenger, Mitt Romney.
• Electoral College:

  • Electoral college votes is off a winner takes all basis: In 2016 and 2020, Trump won all of Florida's 29 electoral college votes by winning the state's popular vote
  • Candidates can win even if they lose the popular vote: Trump in 2016 and Bush in 2000
  • Voters in smaller states have more of a say as they get a minimum of 3 electoral college votes, therefore even though California is over 60x bigger than Wyoming in population, it only receives 18x more electoral college votes, meaning that a vote in Wyoming has just over 3x the weight in California