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A2-AQA GOV4A Politics 10th June 2013

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Reply 140
Original post by ineedtorevise127
was the Warren and Burger court clearly active while Rehnquist and Warren Courts are restraint?

Or is there any evidence to show that this is not always the case?

Thanks


I already posted an answer to a similar question. Here it is again in case you missed it :smile:

Burger himself was quite conservative, but he inherited the Warren Court, which was relatively liberal, so there was a preference to activism in the early years (Roe v Wade (1973)). It started to become more conservative though, as with the exception of Carter (who had no nominations to the SC anyway), there was 20 years of Republican Presidents (Nixon from 68 to Bush Sr to 92). In Bowers v Hardwick (1986) the Burger Court upheld a Georgia state law that made sodomy between to consenting homosexuals illegal (restraint). As a result, when Rehnquist took over, the court had strong preference for restraint, even when it conflicted with the personal beliefs of many of the justices. In 2000, in Stenburg v Carhart, they overturned a Nebraska state law banning D&X (partial birth) abortions. This looks like activism, but the SC had the opportunity to partially overturn Roe, which they didn't do. Also in 2000, in Dickerson v US they had the opportunity to overturn Miranda v Arizona (which most conservatives detested), but didn't because it had become so established.




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Reply 141
Original post by ChrissM
Do you think it's possible they could ask us a 10 or even 30 marker on the composition of the Court, as in gender/ethnicity/social background/ age etc?


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Unlikely as the unit guide doesn't really mention it and you're not expected to know much about the individual justices I don't think. However a President has to consider it when making a nomination so that could come up I guess.
Reply 142
Do we honestly think a 30 marker on federalism could come up, I just think it would not have the same scope for discussion as an essay on the rigidity and flexibility of the US constitution
Original post by RobMoon
Do we honestly think a 30 marker on federalism could come up, I just think it would not have the same scope for discussion as an essay on the rigidity and flexibility of the US constitution


I agree, there could easily be a 10 marker but 30 marker seems too much! I'm still going to practice 30 markers to be on the safe side, but it is unlikely? :s-smilie:


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Reply 144
Original post by RobMoon
Do we honestly think a 30 marker on federalism could come up, I just think it would not have the same scope for discussion as an essay on the rigidity and flexibility of the US constitution


The unit guide covers the advantages and disadvantages of federalism in enough depth for a 30 marker to be possible. I imagine if it were to be a 30 marker it would be "critically evaluate the role of federalism in the United States" as this is pretty open-ended.
A 10 marker seems more likely though, I agree.
Reply 145
Original post by Scatach
There are four aspects of a change in federalism defined in the textbook: the 'dual federalism' up until the Depression (so you could talk about how there was shared power up until FDR's top-down economic policies), 'cooperative federalism' from the 1930s-60s (talk about how there was an idea of fixing the nation post-war and national unity in the light of the cold war, led predominantly by Democratic presidents such as Kennedy and Truman), 'new federalism' from the 1970s (Reagan proposed to abolish the department of education, for example) and finally Bush's stance on federalism, which has been seen as a reversion to FDR-style economics and a typically liberal approach to medicare.

Then for top marks you'd want to talk about Obama and federalism: Obamacare was referred to by Republicans as "the end of federalism" (which is where my question came from) and his economic stimulus package was extremely similar to Bush's economic policies.




The question as I phrased it may be unlikely to come up, but the exam boards like to set quite controversial questions like that to make sure that you get a proper debate in your answer. As I said above I'd go through the phases of federalism, and decide at the end whether the approach taken by Bush (and followed by Obama) could arguably have led to a death of federalism in the US: is the US governed now at federal-level, rather than state-level? The income tax amendment (16th?) could arguably be seen as federal power outstripping that of state-level government.

(I'd conclude with no, federalism is not dead, but rather just declining and playing a less important role in the light of the US' development as a superpower - there is a need for national unity when the US is in an almost perpetual state of combat)


What could you put for federalism isnt dead apart from different laws on gun control, death penalty etc.
Reply 146
Original post by oliver2
What could you put for federalism isnt dead apart from different laws on gun control, death penalty etc.


I'd mention how it was enshrined in the constitution (Amendment 10) and how constitutional amendments still need to be ratified by the states. It wouldn't be easy to argue I don't think, simply because of how Bush and Obama have responded to federalism: I'd just conclude that because of the Constitution's supremacy it couldn't possibly kill federalism.
Reply 147
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(edited 10 years ago)
Original post by ChrissM
I think it's likely as it's such a large part of the course, and has never come up. There is a lot you could talk about as well. If it's about how federalism has changed, then you could write about federalism from themed 19th century up to the new deal, then how it changed with Roosevelt's new deal, and continued until the 60s. It then changed with Nixon/Reagan and new federalism. You could then bring in Clinton who allowed states to experiment with policies. You could talk about Bush who was arguably a 'big government conservative', in that he would push conservative policies. Then you would bring it to Obama and progressive federalism. You could also point out the criticisms from the right that he has given more autonomy to blue states than red states, which many have labelled 'patchwork federalism'.

If it was about the arguments for/against federalism you could support it by arguing that it protects states from an overbearing central government (which the FFs opposed). It also respects that different states have different cultures and allows themselves to express that in their laws (such as Texas being tough on crime and frequently using the death penalty, whereas Vermont, which is very liberal, doesn't use the death penalty). You could also mention that states can act as laboratories for experimentation of policy (Oregon introduced assisted suicide - Washington and Vermont then followed suit).

You could argue against by saying that it prevents the central government from responding to economic or social problems quickly and effectively (much of Roosevelt's New Deal was struck down SCOTUS, using the 10th amendment as justification). Also, some states aren't up to the job of having complete autonomy, and as result have struggling economies (use West Virginia and Mississippi, where there is an extremely low literacy rate. I think it's about one third that can't read, and as a result they have a low tax base, and couldn't raise the money to raise the unfunded mandates that Bush brought in). You could also mention that it allows states to discriminate against minorities, and there isn't a great deal federal government can do (loads of examples, Prop 8, HB56, Jim Crow Laws etc).

As you can see there is a lot to write about, so it definitely could come up as a 30 marker. I would still revise everything, as we're all just really guessing. I also think the essay you mentioned could come up, but we need to be prepared for anything that they throw at us! :smile:


This is also true aha! Yeah you are right about revising everything!


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Reply 149
I've put together an advantages and disadvantages of federalism as I think that'd be how they are most likely to do it if they did it. The other type about the changing nature of federalism I just can't see happening, it may come back to bite me but It just seems like you could not get enough debate and discussion as it's hardly controversial, well apart from the modern day where we had a big government Republican and Democrat claiming big government had come to and end.
Reply 150
Does anyone have any useful notes on Obama and Federalism?
Reply 151
Original post by ILoveTehran
Does anyone have any useful notes on Obama and Federalism?


Well he passed the Affordable Care Act which is a federal healthcare law. That's probably the major thing he's done in relation to federalism. He's a Democrat who believes in a federal government which takes an active role in helping citizens (economy, education, healthcare etc).

Could also mention how he has continued with Bush's post 9/11 federal govt security measures. Since 9/11 the federal government has become more powerful in many aspects and Obama hasn't attempted to reverse this trend. You only have to look at the current NSA scandal to see this.
Reply 152
Does anyone know exactly how to answer the questions properly to get A03 marks and Level 4 or 5? I would really appreciate it if someone could explain this to me.
Reply 153
Original post by Bord3r
Well he passed the Affordable Care Act which is a federal healthcare law. That's probably the major thing he's done in relation to federalism. He's a Democrat who believes in a federal government which takes an active role in helping citizens (economy, education, healthcare etc).

Could also mention how he has continued with Bush's post 9/11 federal govt security measures. Since 9/11 the federal government has become more powerful in many aspects and Obama hasn't attempted to reverse this trend. You only have to look at the current NSA scandal to see this.

Thank you!
Reply 154
Original post by vanessap
Does anyone know exactly how to answer the questions properly to get A03 marks and Level 4 or 5? I would really appreciate it if someone could explain this to me.


Basically, write coherently, with clear points that reaches a logical conclusion. Use correct terminology and explain your points giving examples where possible (Point, evidence, comment).

To be honest, it is probably not too hard to hit the high marks on AO3, it is AO1 and AO2 which require you to actually know your stuff.
Reply 155
In the specification it says "Relationship between federal government and the states". Can someone help me plan an answer on this please?
Reply 156
Hi. I made presentations for this Exam and it might be a bit late sharing it now considering the exam in is in about 30 hours lol. But yeah, feel free to check it out and see if it may be of help to you!

http://prezi.com/uhr8lguzw5aw/us-government-and-politics-gov-4/
Reply 157
Could the question be - 'More Unitary than Federal.' Critically discuss this view of the US Constitution. (30 Marks) - This would definitely focus on the 'Relationship between federal government and the states.' part of the specification. If not a question similar to that on the specimen paper is likely, so rigidity/flexibility. To say they couldn't ask a 30 marker on Federalism is just ridiculous in my opinion.
Reply 158
Original post by ILoveTehran
In the specification it says "Relationship between federal government and the states". Can someone help me plan an answer on this please?


A question on this is just all about the balance of power between the federal government and state government, for this you'd talk about the different phases of federalism starting with dual and ending with federalism under Obama. So for example under dual you'd say that during this period state governments enjoyed their largest proportion of fragmented power to date. This is because the supreme court when interpreting the constitution applied a more narrow view to article 1 section 8's necessary and proper clause as well as articles 2's vesting clause. This coupled with a broad interpretation of those powers reserved to the states in amendment 10 meant that the role of government was very minor. This is emphasised by the minority of the executive's role, limited to merely money, war and peace; further compounded by the little known presidents of the period ie Ulysses Grant.
what would you say in an essay for the judiciary "how independent are justices in the USA."

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