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Paper 3 US · 2024 · 30 marks
Evaluate the view that the American voters are the biggest influence on legislation.
Democracy & Participation
Mark scheme: agreement
AO1: Impeachment There have been several attempts to impeach presidents without success- ultimately, a president may resign rather than face being impeached AO3: which suggests that Congress fails to hold the President to account. AO1: Note that this could be used for ‘disagree’- arguably, this demonstrates that Congress has and will use this power, and the fact that it has failed is not necessarily showing a failure to hold the President to account Executive orders If Congress and the president are unable to agree on legislation, or Congress refuses to propose a presidential policy as a bill, the president may use an executive order to make the required change regardless AO3: suggests that Congress fails to hold the President to account. AO1: United government In times of united government, Congress may be more likely to introduce presidential proposals and to pass them with minimal disagreement rather than fully scrutinising them or preventing unpopular/undesirable proposals from passing AO3: which suggests that Congress fails to hold the President to account. AO1: Role as Commander-in-Chief Presidents may use their constitutional role as Commander-in-Chief to be proactive on foreign policy with minimal restraint from Congress e.g. in deploying troops AO3: suggests that Congress fails to hold the President to account ineffective. AO1: Executive agreements Presidents may make executive agreements without congressional approval in the first instance AO3: suggests that Congress fails to hold the President to account.
Mark scheme: disagreement
AO1: Legislative role Presidents must rely on members of Congress to introduce legislation as they have no direct power over Congress due to the separation of powers AO3: this suggests that Congress may be able to hold the President to account if they do not agree with legislative proposals. AO1: Veto override While presidents may veto congressional legislation they do not approve of, Congress has the ultimate power to override the veto and pass the legislation regardless, with a 2/3 majority in both chambers AO3: this suggests that Congress may be able to hold the President to account. AO1: Power of the purse The House of Representatives has constitutional control of the budget-presidents must seek approval for funding for executive programs, and cannot overrule Congress to gain funding AO3: this suggests that Congress may be able to hold the President to account. AO1: Divided government Congressional oversight of the presidency may be stronger during times of divided government, as the president cannot appeal to members of his party for support as easily, and must rely on the power of persuasion to get approval of their legislative proposals or for funding AO3: this suggests that Congress may be able to hold the President to account. AO1: Treaties While presidents may sign executive agreements, formal treaties must be ratified by a 2/3 majority in the Senate AO3: this suggests that Congress may be able to hold the President to account.
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