Unit 4 past exam questions

January 2013

15 markers

1. How much power do the party leaders exert in Congress?
2. What is judicial restraint, and on what grounds has it been criticised?
3. How difficult is it to amend the US constitution?
4. Assess the significance of the Cabinet in the executive branch.
5. Does the House of Representatives carry out its representative role more effectively than the Senate?

45 markers

1. ‘The US constitution is no longer fit for purpose.’ Discuss.
2. Has the Supreme Court become an ‘imperial judiciary’?
3. ‘Weak at home, strong abroad.’ Discuss this view of the power of the president.

June 2013

15 markers

1. Explain the key principles of the US Constitution.
2. Assess the factors that affect the role of the Vice-President.
3. How far was New Federalism successful in achieving its objectives?
4. Assess the factors that influence the votes of members of Congress.
5. What is judicial review, and why is it controversial?

45 markers

1. ‘The strengths of the US Constitution now outweigh its weaknesses.’ Discuss.
2. To what extent has the Roberts Court witnessed a revival of conservative activism?
3. ‘Congress has become the least powerful branch of government.’ Discuss.

January 2012

15 markers

1. What has been the effect of appointments to the Supreme Court since 2005?
2. To what extent are parties the most significant influence on voting in Congress?
3. What are the most significant factors that influence a President when choosing the Cabinet?
4. To what extent has federalism been eroded as a constitutional principle?
5. What is the separation of powers, and does it help or hinder the US system of government?

45 markers

1. ‘A political, not a judicial institution.’ Discuss this view of the Supreme Court.
2. To what extent does Congress still have a meaningful foreign policy role?
3. ‘Presidential careers can never live up to expectations.’ Discuss.

June 2012

15 markers

1. Explain the most significant factors in the President’s choice of Supreme Court justices.
2. To what extent are the Senate and the House of Representatives equal in power?
3. What are the constitutional rights, and how effectively are they enforced?
4. Explain the factors that limit the power and influence of the Supreme Court.
5. How significant is the President’s power of veto?

45 markers

1. ‘Transformed beyond recognition from the vision of the Founding Fathers’. Discuss this view of the modern US constitution
2. To what extent is the modern presidency an ‘imperial presidency’?
3. ‘The broken branch.’ Discuss this assessment of Congress

January 2011

15 markers

1. What is meant by ‘pork-barrel politics’, and what is its significance in Congress?
2. Explain the ways in which the Constitution seeks to prevent the ‘tyranny of the majority’.
3. How important is the role of the Vice President?
4. In what ways is the independence of Supreme Court Justices protected?
5. How and why is federalism enshrined in the Constitution?

45 markers

1. ‘Judicial activism cannot be justified.’ Discuss.
2. To what extent does Congress remain a powerful body?
3. ‘The power of the President is limited to the power to persuade.’ Discuss.

June 2011

15 markers

1. Assess the constraints on the President’s role as Commander-in-Chief.
2. Why do only a small percentage of bills introduced into Congress become laws?
3. Explain the advantages and disadvantages of the process of amending the Constitution.
4. To what extent have Supreme Court Justices reflected the political views of the Presidents who nominated them?
5. What are ‘executive orders’, and how significant are they for presidential power?

45 markers

1. ‘The Supreme Court should interpret the Constitution and its amendments by establishing their original meaning when they were adopted.’ Discuss.
2. To what extent is the constitutional system of checks and balances an obstacle to effective government?
3. ‘Members of Congress are out of touch with the people who elect them.’ Discuss.

January 2010

15 markers

1. Using examples, explain the limitations on the Supreme Court’s powers.
2. Why, and to what extent, has there been disagreement about the constitutional importance of federalism? 
3. How are Supreme Court judges appointed, and why has the process become so politically controversial?
4. How do Presidents veto legislation, and how significant is the presidential veto? 
5. How significant is the role of political parties within Congress?

45 markers

1. To what extent is there disagreement about how effectively the Constitution protects freedom?
2. ‘Members of Congress are more concerned with local issues than with national or international issues.’ Discuss.
3. ‘There are no effective checks on presidential power.’ Discuss.

June 2010

15 markers

1. To what extent are the two chambers of Congress equal in power and influence?
2. How effectively do the three branches of Federal government check each other?
3. What is the role of Committee Chairmen in Congress, and why have they been the subject of criticism? 
4. How much influence does the President have over the legislative process?
5. Why is the issue of the composition of the Supreme Court so controversial?

45 markers

1. Does the Supreme Court have too much power for an unelected body? 
2. To what extent do Presidents control foreign policy? 
3. Can the Bill of Rights be respected while the threat of terrorism remains?

King v. Burwell explained

King v. Burwell

Obamacare is back at the Supreme Court, this case was launched 5th March 2015.

Why is the case important?

The case has got the potential to roll back a significant portion of Obamacare - the subsidies which around 7 million middle-income people across more than 30 states now receive in order to purchase health insurance. If these subsidies are removed people will no longer be able to afford health insurance as they will lose their tax credits. Getting rid of those people from the insurance market means prices rising for everyone else.


Obamacare subsidies explained.

What is the case about?

In a nutshell, Obamacare sets up marketplaces in every state where individuals who do not have health insurance can shop for individual health plans. The majority of Democrat states have set up their own marketplaces (known as exchanges) while the majority of Republican states did not, instead allowing the federal government to do that. In total, about 85% of customers qualify for federal subsidies to pay for for coverage (all based on their income).

However, the problem is that section 1401 of the Affordable Care Act (Obamacare) says that subsidies should flow to customers "through an Exchange established by the state." And so, the plaintiffs have used this to bring the case forward, arguing that it is only people in state-run market places (not those in federal run marketplaces) that can obtain subsidies.

How is the Supreme Court likely to rule?

Simply put it, the very fact that the court agreed to hear the case in the first place suggests that at least four justices are seriously considering rolling back those subsidies. Experts have argued that all four justices who were appointed by a Democratic president will rule in favour of government. With regards to the Republicans, however, experts are indecisive whether the Republican justices will join the Democrats and preserve the subsidies.

Chief Justice John Roberts, for instance, sided in 2012 with the Democrats and ruled that Obamacare was constitutional. He and Justice Anthony Kennedy are most likely to side with the Democrats again this time.

FantasySCOTUS is an online prediction market whereby legal experts attempt to predict the outcome of court cases, thus far, legal experts are predicting a victory for the government.

+Visit this site for an interactive map of how many Americans will lose subsidies.

What are the two arguments?

Plaintiffs: clear language of that one section of the law means that only residents of state-run exchanges are allowed to receive subsidies.

Obama administration: Congress had intended that that phrase would refer to both state and federally run marketplaces. There is a long history of court rulings that, if Congress says something confusing, then interpreting the law falls into the hands of the regulators and not the courts.

What will happen if the plaintiffs win?

“We know of no administrative actions that could, and therefore we have no plans that would, undo the massive damage to our health care system that would be caused by an adverse decision,”

-Slyvia Matthews Burwell, U.S Secretary of Health 

Basically, there's no contingency planning, the administration is screwed. But, the administration will most likely do everything in their power to ensure that states who have not yet established their own exchanges will do so as soon as possible.

Why may some Republicans want to help save subsidies?

Republican politicians may be sensitive to this situation in which millions of their constituents are likely to lose their health insurance coverage. It's likely insurers, fearing a breakdown in the market place, will lobby for a fix. Obamacare opponents have suggested that the resulting crisis may result in opportunity for negotiation with the White House. Read it here.

How have the states reacted?

11 of the states at risk of losing subsidies have have gone so far as to ask the Supreme Court to preserve their subsidies. Three states: Nevada, New Mexico and Oregon planned to run their own exchanges but switched to the federal system after their computers crashed. They could try fixing the computer systems to keep their subsidies. Florida and Texas have shown little enthusiasm. While 7 seven other states like North Carolina and Missouri have passed state laws preventing the governors from pursuing exchange-building activities.

Who brought the case forward?

Several other cases with similar circumstances have also been brought forward but this one is the only one taken to the Supreme Court. David King, Douglas Hurst, Brenda Levy and Rose Luck are suing the federal governments offer to subsidies them. The case is funded by a thinktank called Competitive Enterprise Institute.

When will the case be decided?

Some time in June this year.

The Roberts Court

The Roberts Court