US Politics examples

Shelby vs. Holder 2013

The court ruling eliminated the preclearance requirement of the Voting Rights Act. Congressional Democrats argue that this Act allows states to pass more restrictive voting laws.

Restrictive voting laws

18 states, including Texas, Alabama, and Mississippi require voter ID.

Plessy vs. Furguson 1896

Supreme Court ruled that segregation was legal 'separate but equal'. This was overturned by the case Brown vs Board.

Brown vs. Board of Education 1954

Supreme Court decision that overturned the Plessy vs. Ferguson decision (1896); led by Chief Justice Earl Warren, the Court ruled that "separate but equal" schools for black people were inherently unequal and thus unconstitutional. The decision energized the Civil Rights Movement in the 1950s and 1960s. Earl Warren famously worked hard to ensure the decision was unanimous to give it greater credibility.

obgerfell v hodges 2015

Banning same sex marriage is a violation of the 5th and 14th amendments of due process and equal protection

Bostock vs. Clayton County 2020

The Court held that the Civil Rights Act of 1964 protects employees against discrimination because they are gay or transgender.

1st amendment rights

Freedom of Religion, Speech, Press, Assembly, and Petition

5th amendment rights

to have a grand jury, protected from double jeopardy, refuse to answer questions that may be incriminating

14th Amendment rights

Defined national citizenship/naturalization laws and forbids the government to infringe upon the basic rights of citizens.

10th amendment rights

The powers not specifically delegated to any level of government belong to the people (implied powers).

NAACP

National Association for the Advancement of Colored People

NAACP v. Trump 2020

Prevented the administration from revoking the Deferred Action for Childhood Arrivals (DACA) policy. This policy allows young unauthorised immigrants to remain in the country with temporary lawful status.

ACLU

American Civil Liberties Union

1992 Planned parenthood vs Casey

S.C. ruled that states had the right to restrict abortions as they saw fit, but could not outlaw abortions. ACLU certainly had some influence over the reaffirming of Roe Vs Wade and the striking down of a law criminalizing some abortions before viability.

LWV

League of Women Voters

LWVNC v Rucho

Case challenging North Carolina's 2016 redistricting plan as an unconstitutional partisan gerrymander and a violation of the First and Fourteenth amendments

Christian Coalition of America

Each election year, they distribute tens of millions of voter guides to all 50 states to give voters a clear understanding of where candidates stand on important pro family issues before they vote.

Senate confirmation of Supreme Court nominees

Obama's nomination for the Supreme Court of Merrick Garland was blocked by the Republic-held senate as it was too close to the election. However, in a similar situation, Amy Coney Barrett was voted onto the bench. This process is highly politicised, with the ideology of the judge preferred over their capability. Republicans favour Conservative, originalist judges.

Congress 'power of the purse'

The power of the purse has been a significant power that notably ended the Vietnam War, through the Foreign Assistance Act of 1974, which suspended all federal funding for the war.

Congress overriding veto

2016 - Congress overturned Obamas veto of the Justice Against Sponsors of Terrorism Act which would allow Americans to sue foreign governments. This was the only one of 12 vetoes that was overridden. Only one senator voted against overriding.

Unconstitutional declaration by Supreme Court

Trump's controversial 'Muslim Ban' (2017 Executive order) was ruled unconstitutional as it banned people from six Muslim-majority countries from entering the US. The Court only declared it legal once other countries such as North Korea and Venezuela were added to the list.

US Recency factor 2008

A week before the financial crash, Sarah Palin accounted for over half of the campaign coverage, with the economy at 4%. Following the crash, the economy covered 43%.

McCain tactical misstep 2008

The fundamentals of our economy are strong

2008 Obama electoral college votes

365

Brown 2008 on financial crash

Expressed his dismay over his inability to convince the public that progressive policies 'were the right and fairest way to respond' to the global recession.

2010 labour seat loss

91

Republican wealthy voter trend

Republicans has a clear trend of doing well with the highest income voters due to their promises to lower taxation and step away from the welfare state. However in 2016, Trump became popular with lower income voters in industrial states for prioritising US business.

Johnson voter wealth

Broke the 'Red Wall' in 2019 by appealing to the working-class with 'Get Brexit Done' (compared to Labour's convoluted policy). 43% of working and middle class voted for Conservative.

UK 2001 turnout

59.4%

UK 1997 turnout

71.4%

US turnout decrease

between 2008-2012, 5% fall in turnout.

2020 turnout

62%, highest ever since 1960.

Citizens United vs FEC 2010

Corporations and unions are "people" and corporate political speech cannot be limited. Allowed for the creation of Super PACs - political action committees that can raise and spent an unlimited sum of money but cannot give directly to a candidate.

2018 study on Super PACs

Joe Biden wanted to reverse Citizens United via a constitutional amendment. 75% of Americans supported a constitutional amendment, including 66% of Republican voters.

dependence corruption

Legislators prioritise the needs of donors on whom they are dependent. The NRA poured $14.4m into supporting 44 candidates who won and $34.4m opposing 19 candidates who lost.

Iron Triangle example

In 2005, George Bush's political director Karl Rose had frequent contact with Christian rights groups in effort to reassure them of the suitability of republicans Supreme Court judge nominee, Harriett Miers.

US Chamber of Commerce spending

Within 1998 to 2018, the US Chamber of Commerce, 2nd largest pressure group, spent a total of $1.4 billion

Revolving door example

Meghan Mitchell previous employee of Federal Aviation Administration agency. In 2015 she left to work for Blue Origin, the space company owned by Jeff Bezos. She now lobbies the agency she previously worked for on behalf of blue origin. A NASA project funded by the federal government gave a contract to Blue Origin for a spaceflight in 2021.

Planned Parenthood Spending

Planned Parenthood has contributed over $3.5 million in the first quarter of 2022 to democratic candidates and liberal groups during 2022 midterm election cycle.

ERA ratifications

35/38

Rule of Law

Protects individuals from arbitrary state action

Equal Rights Act 2010

Incorporated previous laws such as Equal Pay Act 1970, Sex Discrimination Act 1975 and Race Relations Act 1976

Civil Rights Act 1964

Banned racial discrimination in voting by prohibiting voting restrictions such as literacy tests.

Lee vs Ashers 2018

Ruling between right to religion and right to not be discriminated against on basis of sexuality. Ruled that there was no discrimination on sexual orientation. The ruling was unanimous.

Coronavirus Act 2020

It was described by former SC justice Lord Sumption as the 'greatest invasion of personal liberty in [the UK's] history'

Marriage (Same Sex Couples) Act 2013

Allows same sex couples to marry.

Human Rights Act 1998

Act of Parliament that incorporated the European Convention on Human Rights into UK law, making it enforceable in UK courts

Don't ask Don't Tell 1993

Military recruits and service personnel may not be asked about sexual orientation

and should not divulge their sexual orientation or risk discharge

Nixon & Reagan - New Federalism

the policy of turning over the control of some federal programs to state and local governments. When Richard Nixon became president in 1969, he backed a revenue-sharing plan that channeled federal dollars back to the states, but without the strings of categorical grants.

'big government' example

Congress could not prove that passing a national drinking age at 21 was 'necessary and proper' so forced all states to make it law by threatening to withhold federal highway funds.

States exercising power

Texas Heartbeat Act 2021 prevented abortion after the detection of a foetal heartbeat. Florida 'don't say gay bill' - teachers can't teach about sexual or gender orientation to anyone below third grade.

Devolved powers

Free prescriptions, free higher education in Scotland.

Independent affiliation

Independents in the US will usually have a party affiliation. e.g. Bernie Sanders ran as a candidate for the Democratic party for president. However, independents only tend to win 5% of the vote compared to SNP 48/59 seats.

NRA membership

5 million

Party whip system

When 21 backbench Conservative MPs rebelled against the government in a vote on hard Brexit, they had the whip removed from them. They were only allowed back into the party in December 2019.

UK example of direct action

Removing Edward Colston statue, resulted in measures in the Police, Crime, Sentencing and Courts Act 2022 making these actions illegal, with 10 years imprisonment.

Lobbying UK scandal

Former PM Cameron was accused of trying to exploit private contacts with former government colleagues for his own benefit. He was paid, before tax $10 million over two years to lobby for the firm Greensill.

Outsider group US

anti-abortion March for Life

Outsider group UK

The National Union of Railway, Maritime and Transport Workers

Liberty UK

Represented two MPs in a case against the government which argued that Data Retention and Investigatory Powers Act was incompatible with the HRA. The high court found DRIPA was unlawful.

AMA

American Medical Association spent $462 million on lobbying opposing health care reforms such as Medicare or the Affordable Care Act.

Obesity all-party parliamentary groups

Spent £183,000 between 2019 and 2021 to pay for lobbyists to promote the use of gastric bands and drugs used in obesity treatment and surgery from private health care companies.

Trump tweet

Our legal system is broken! 77% of refugees allowed into U.S. since travel reprieve hail from seven suspect countries

Truman executive order

Desegregate armed forces and employment in federal agencies

house committee on foreign affairs

Investigated Obama on the Benghazi killings in Libya, found no conclusive evidence although it is provided as a reason Clinton was unsuccessful in the 2016 election.

War Powers Act 1973

the president must have congressional authorisation to use US troops in hostilities, this was undermined by Clinton's use of US troops in NATO peacekeeping missions.

Trump emergency 2019

Trump declared a state of emergency in 2019 in order to gain federal funding for his planned border wall. Congress voted to end the state of emergency twice however Trump vetoed both times.

Budget

Regan, George W. Bush and Trump all blamed Congress for forcing them to sign budgets that increased the size of the deficit.

2019 impeachment

Trump was impeached by the House of Representatives after asking Ukraine President to investigate his political opponent Biden and his son.

Texas vs White 1869

Argued that Texas had never seceded because there is no provision in the Constitution for a state to secede, thus Texas should still be a state and not have to undergo reconstruction.

Articles of Confederation

Formalised the union of the first 13 states.

Democrat programmes to increase the power and economic clout of Washington

New Deal under Roosevelt which restarted the economy using Keynesian economics

pork-barrel legislation

legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return. e.g. Gravina bridge - $398.

MP support for constituency over party

Conservative MP for Warwick and Leamington Chris White rebelled against his party in a vote against HS2 as the route would tear up Warwickshire's countryside and draw economic development away from the area.

third party support UK

Liberal Democrats gained 11.5% of the vote but only 11 seats. SNP 48/59 Scottish parliamentary seats.

Independents in US

Bernie Sanders who sits as an independent ran for the Democratic president knowing that Independent candidates only tend to win 5% of the vote. Typically supports Democrats in senate votes and is a member of the Democrat caucus.

Kamala Harris Committee

Member of the Senate Judiciary Committee, raised her profile significantly when questioning supreme court nominee Brett Kavanaugh over his sexual assault allegations. She built her brand for election as Vice-President.

Ministerial roles

Due to the importance of the cabinet in the UK, it is more rational for a UK politician to gain ministerial roles rather than committee roles as it raises their public profiles more considerably than a committee role. Johnson previously held the position of foreign secretary.

Quad committee

During the coalition government, as David Cameron did not hold a majority, he used the Quad Cabinet Committee for negotiation of policy with liberal democrat cabinet members.

Obama direct authority

12 vetos, 276 executive orders, particularly in his 2nd term after he lost Congress to the Republicans.

Theresa May cabinet

It is arguable May made the fatal flaw of having a mixture of remain and leave voters in her cabinet when trying to deal with Brexit. She did not have support of Cabinet so lost support. In the end, the rational response was to resign.

Cabinet support for president

The president is the sole executive so does not require a strong relationship with cabinet. Barr (attorney general) was fired under Trump for not supporting his election lawsuit.

Blair - war on terror

Blair was accused of a presidential style of government as he ignored his cabinet: two ministers resigned in protest against the Iraq war. His cabinet meetings were accused of resembling briefings rather than discussions.

Bush war on terror

Bush's cabinet focused on foreign policy. He used emergency powers to authorise the extraordinary retention of terrorist suspects and their detention without trial.

Swing state spending

$264m spent on ads in Florida (29) by both parties. Bloomsburg, who supported Biden, pledged to spent $100 million on advertising to distract the president away from Biden's campaigning in the Midwest.

Seat spending limit UK

£8,700 per candidate limit, + 6p per registered parliamentary elector.

Attack Ad UK ban

In 2013, the European courts upheld the UK ban on TV attack ads. An animal rights group said the bad limited freedom of speech but the ban was upheld as there were other media the group could use.

UK 2017 election spending

C = £18.6 million, L = 11m

US spending 2012

O = $721m, R = $449m

Begum case

The UK judiciary showed similar levels of judicial restraint to conservative judges in the US. The case was less about human rights rather than ministerial discretion.

Politicians influencing the judiciary

The Dissolution and Calling of Parliament Act 2022 was a direct political response to the supreme court reversing Johnson's prorogation of Parliament in 2019.

Trump judge appointments

He appointed over 200 conservative judges to the Federal branch, all this supreme court nominees were backed by the Conservative Federalist society.

Permanence of the devolution

Whilst Parliamentary sovereignty would ordinarily allow Westminster Parliament to overturn the acts of Parliament that created the devolved assemblies, thus making it less permanent, this has changed in recent years. For example, the Scotland Act 2016 codified the Scottish Assembly into the British constitution, thus meaning that the assembly cannot be abolished unless there is a referendum to do so in Scotland. This is highly unlikely outcome, with a more likely consequence being that Scotland votes for independence away from the UK.

Permanence of Federalism

The case Texas vs White (1869) ruled unilaterally that secession was unconstitutional, following the US civil war when 11 southern states joined the Confederate states of America. American is an 'indestructible union' following the Article of Confederation which formalised the union of the first 13 states.

Elitist pressure groups

These groups are well funded interest groups who have a greater influence than smaller groups that may be more representative of society.

Political pluralism

Emphasises the benefits of many different groups influencing the decision-making process. Government takes into account the views of people from across the whole of society, many of whom are represented by pressure groups.

asymmetrical nature of devolution

Devolution is not uniform across the UK, it only applies to parts of the UK and devolved powers remain relatively limited. Healthcare usurped by SAGE and Westminster. EVEL was abolished in 2021, no special mechanism for English laws.

Uniformity of federalism

All 50 states have a state legislature and a governor. Power granted to the states by the 10th amendment. Evident in the abortion debate - Heartbeat Act 2021 in Texas.

Political culture of federalism

Democrats wanted to introduce programmes to expand federal power, Republican at first wanted New Federalism but support central spending such as Trump's border wall and No Child Left Behind.

Political culture of devolution

Debate over increase power of devolved assemblies has only ever increased. Whilst Conservatives tend to be more reserved, often not placing any expansion of devolution in election manifestos. Difference: discussion of independence.