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Summary PM v President Powers

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PM v President Powers

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  • April 15, 2017
  • 2
  • 2014/2015
  • Summary
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By: jwishart786 • 6 year ago

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MarkC57
"The British Prime Minister enjoys much greater legislative freedom than the American
President." Discuss the validity of this statement. (30 marks).

Para Key Points Key Points
Intro  President - recognised most powerful leader in world,  Domestically, past presidents frustrated- legislative
indicative - position as Commander-in-Chief, most advanced programmes through "legislative labyrinth".
military force + size of economy - give chief diplomat  British PM - unlucky to suffer frustrations.
importance.  Parliament - less resistant to executive bills +
occasionally inflicts defeats.
Para 1  High levels party discipline + whipping system - programme  Typical vote, one group of Dem. + Rep. voting
of legislation is supported, without exception. against another group of Dem. + Rep.
 Only really opposed by opposition.  More difficult for government back bills to pass.
 Occasional back-bench rebellions - rare + limited - Cameron  Majority of 79 in HOR, Obama passed diluted
only in his 5 years has suffered 6. version of Health Care Reform Bill by 7 votes in
 Controversial bill - treble university fees, only 6 2010.
Conservative MPS's out of 306 rebelled.  September 2010 Anti-Off shoring Bill - harder for
 MP's governing side = 'lobby fodder' - blindly follow party American companies to outsource work.
leadership of votes + don't scrutinise properly.  Rejected by Senate 53-46, despite a 16 Senator
 UK PM controls timetable, 100/125 bills introduced are majority.
passed.  US gov. no privilege of controlling timetable, as all
 US Congress - party discipline = low. bills sponsored.
 End result - 4000 bills introduced in typical session,
only 200 become law.
Para 2  Committee stage - US before second reading + most  HOR + Senate members debate the bill, produce a
important stage - scrutiny. report states, main aims, reviews + amendments.
 Bills fail here more than any other stage 'legislative sieve'.  Estimate cost of implementation + recommends
 Over-whelming number of bills, standing committees in future action.
both chambers = pigeon-holed, with no action taken - no  Cttee = powerful, borne in mind, whilst they pass
hearings/votes. through, very well scrutinised, many more bills =
 Committee = 'legislative sieve', power to deem a bill not 'pigeon-holed'.
worthy.  Prof.Denenberg US Congress = 'bastion of negation',
 Standing committee members = policy specialists + full the process of passing laws as 'legislative labyrinth'
power of amendment. Anything added/removed. + legislative process = 'built in negative bias'
 Congressmen - Cttee. of interest, Walt Minnick (D.) House
Agriculture Cttee from Idaho - rural state known for potato
farming.
Para 3  Cttee. UK - less effective as scrutinising bodies.  UK, committee stage after 2nd reading, reaches
 Each line is scrutinised by standing committee, deals with committee with principles debated +voted upon.
related legislation in specific area.  Scrutiny of legislation more effectively performed in
 Bill relating to crime - Criminal Justice System (CJS). environment of committee room, opposed to a
 Significant changes = rare, committee built in gov. majority. debate chamber.
 Committees - make recommendations + cannot enforce  Disadvantageous -Cttee stage after 1st + 2nd
amendments. reading, without powers to pigeon-hole bills +
 Committee reports - not debated in debate chambers, if no enforce amendments.
major changes suggested.
Para 4  Legislative process - low levels of party discipline + high  November 2010 Obama, lost control of HOR to
levels of independence coupled robust Cttee system = more Republican Party 54 majority (now 58).
effective scrutinising body.  Obama also lost control of Senate mid-term
 Enhanced where divided government with either elections 2014 - majority of 10 (Rep.)
HOR/Senate controlled by opposing party.  Cannot happen - PM - determines date of next
election.
Para 5  Even if Congress imposes amendments + passes a bill -  President more formal checks + cannot rely on
President veto blocks bill. advantages PM can use.
 Congress override veto - 2/3's in both houses - difficult  President overcome lack of Executive presence due
requirement - rarely achieved. to S.O.P. PM rely on "pay-roll vote" + strong
 Clinton's 8 years - veto 36 occasions, overridden just twice. whipping system + party loyalty.
 Obama - 2 vetoes, with 0 overridden.  Possibility divided gov. + ineffective patronage with
 PM - no such power, invoke Parliament Act. increased indp. of Congressmen shorter terms -
President not as much legislative freedom.
Con.  Despite winning Presidential election - margin 7.2% more  Senator, Mary Landrieu (D.) Louisiana, her aye vote
total votes, 9.5 million more votes + 192 more ECV's. secured - $300 m in Medicaid for her state.
 Promised health care coverage over 40 million more  She said "I'm not thinking about my re-election".
Americans, Rep. saw fit negotiate hard achieving 'ear-
marks'.

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