Political Systems 20 mark Essays

Legislation in the UK and USA Starter: Name three ways that the passage AND/OR origin of legislation differs between the UK and the USA.

Identify the appropriate structure of a 20 mark Higher Politics essay What you will learn… Success Criteria – I can… Identify the appropriate structure of a 20 mark Higher Politics essay Structure a 20 mark essay successfully

The origin and passage of legislation is remarkably similar across different political systems. Discuss with reference to two political systems you have studied. 20 2017 H Politics Paper

20 mark Responses Discuss… or To what extent… Component Marks Knowledge: description, explanation, example 8 Analysis It can be argued that… It is clear that… However… 6 Conclusion Therefore… Overall… 4 Structure 2

The origin and passage of legislation is remarkably similar across different political systems. Discuss with reference to two political systems you have studied. 20 Origin of legislation in UK and USA: government bills, private members’ bills, bills sponsored by senators and representatives Queen’s speech and State of the Union and chances of successful passage of legislation Amount of legislation and position of both chambers Fusion of executive and legislature in the UK, separation of powers in the USA and influence of the executive branch Party discipline and role of whips Process of passage of legislation in both systems Role of committees in UK and USA Royal Assent vs Presidential Veto

Intro – Structure marks available Background & Factors you will discuss. The origin and passage of legalisation through political assemblies, namely the UK Parliament and the US Congress, can be viewed as both similar and greatly contrasting (Background). Whilst the origin of legislation in both countries can be viewed as similar in many aspects, as can the role and function of committees, there is a great contrast in the passage of legislation through each political assembly. (Factors)

Para 1 – Origin of Legislation The origins of legislation in political assemblies often highlight key similarities in the legislative process. The UK and USA are no different, although it is important to highlight some key contrasting elements. (topic sentence) In the UK parliament, most of the legislative programme is devoted to legislation proposed by the government. Most of this legislation originates in the winning party’s manifesto and government MPs and if the government has a secure majority in the House of Commons it will be confident that almost all of its legislative programme will be passed. During Tony Blair’s first two terms in office he successfully passed his entire legislative programme, including legislation of Scottish devolution and the introduction of the minimum wage. There are only limited opportunities for ordinary MPs to initiate legislation and the chances of successful passage of a private member’s bill are very limited. This is due to lack of time and also if the government opposes the private members bill it will not have the votes to pass through the House of Commons. There have been some important pieces of legislation passed by private members’ bills, such as the legalisation of abortion and the abolition of capital punishment. (K – description + example on UK) However, in the USA legislation is not introduced into Congress by the administration due to the constitutional separation of powers. Individual members of the House of Representatives and the Senate propose legislation. As a result, members of Congress introduce a significant amount of legislation but only a relatively small percentage of this ever gets passed. If the opposition party controls one of the two chambers of Congress, then the chances of the President getting any legislation passed will be very limited. For example, Congress recently blocked President Obama’s request for immigration reform and he also found it very difficult to have his health care bill passed by Congress. (K – description + example on USA) The passage of legislation in the UK is heavily under the control of the executive branch as long as it commands a majority in the House of Commons. As long as it maintains a majority and does not suffer rebellions from its own backbench MPs, the government will be almost certain to pass its legislative programme as outlined in the Queen’s Speech. However, Congress controls the passage of legislation in the USA with very little control by the executive branch other than the chance to veto legislation that the President objects to. In effect, the President merely requests that Congress passes laws he would like to see introduced, but he or she cannot control the process. (Analysis, showing comparison)

Para 2 – Introduction of a bill to the assembly Perhaps the clearest contrast between the UK and the USA legislative processes can be identified in the way in which bills are introduced to the respective assemblies. (topic sentence) In the United Kingdom, when a bill is introduced, it is read to all MPs, known as the “1st reading” and swiftly moves to the 2nd reading. It is during the 2nd reading that MPs debate and vote upon the bill’s contents; at this stage a bill can… (K – description & example UK, mention the whip system) In comparison, when a bill is introduced to the Congress, it is placed in the “Hooper”, assigned a bill number and automatically moves to the appropriate committee (K – description & example USA –BE CAREFUL HERE – DON’T TALK ABOUT WHAT COMMITTEES DO, RATHER DISCUSS WHAT DOESN’T HAPPEN IN THE HOUSE!) The implication of this difference is… (analysis – in the UK a bill can only be “killed” after all 650 MPs have had a say whereas in the USA a bill can be “killed” easily. This suggests that…)

Para 3 – Committee Stage It is the committees in both the USA and the UK which hold the most legislative power, a clear similarity. (topic sentence) In the UK…,(K – Committee Stage with example) Similarly, in the USA… (K – Committee Stage with example) Therefore, there is a clear contras(analysis – importance of committees in both assemblies, allows for in-depth analysis and revision of legislation etc)

Para 4 – Royal Assent vs Presidential Action Following the passing of a bill in the assembly, the historical background of each political system showcases a key difference between the legislative processes in the UK and the USA.(topic sentence) In the UK…,(K – Royal Assent with example) Similarly, in the USA… (K – Presidential power to veto with example) As such, it can be argued that (analysis of differences and the implications of presidential veto power.)

Conclusion – 4 marks available/ Structure marks Address the overall issue of the essay, providing an obvious judgement, based on the aspects you have discussed. In conclusion, both the origin and passage of legislation is very different in the UK and the USA. In the UK the government has effective control of the process. Due to high levels of party loyalty and also the effectiveness of the whip system the government can ensure its legislation will be passed. In addition, the opportunity to block legislation is limited to the ability of the House of Lords to merely delay bills. On the other hand, in the USA the members of Congress, who are elected independently of the President, control the passage of legislation. The separation of powers built into the US constitution ensures that the executive has only a limited role in the successful passage of legislation, though the President can exercise his constitutional power to veto legislation. The passage of legislation in the US very much depends on the party controlling the chambers of Congress and the power of individuals such as committee chairmen/women, the Speaker of the House of Representative and the Senate majority leader. Perhaps the clearest area of similarity is at the committee stage in both systems, where both MPs/Lords and members of the Houses of Congress have the opportunity to investigate and gather further evidence on a bill before making recommendations and amendments although, again, this can be limited in the UK depending on the purview of the committee.