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3 ways Pressure Groups try to influence decision-making in the US?
Lobbying
Litigation
Direct Action
What is lobbying? (3 ways pressure group tries to influence decision-making)?
What is the theory behind this in the US?
When pressure groups try and get the ear of government to influence them
This is a constitutional right due to the 1st amendment protection of the ‘redress of grievances’ (ability to seek gov assistance in issues)
Where are the professional lobbying firms located?
On K Street in Washington DC so it’s not called the ‘K Street Corridor of Influence’
Give an example of lobbying in the US? (a way pressure groups influence decison-making)
By meeting with 36 different Congresspeople and spending $77 million, the Chamber of Commerce was able to pressure the government to pass the United States- Mexico-Canada Agreement in 2020 replacing NAFTA
What is the counter to the sucess of lobbying?
It does not always gurantee results as if it is not aligned with government interests then it may fail.
E.g the Chamber could not convince the Trump Administration to reverse tarriffs on goods from China and the EU despite the negative impact on US firms
What are two ways pressure groups use litigation to achieve their aims? (a way pressure groups can influence decision-making?)
Legal Challenges
Amicus Briefs
What are legal challenges?
What are Amicus Briefs?
Pressure groups can support cases which target an area of law they wish to see change
This is info submitted to court cases to influence outcomes
Give an example of a legal challenge?
It was the American Civil Liberties Union (ACLU), which brought forward the case of Obergefell vs Hodges (2015), they submitted briefs saying that 100,000 children were being rasied by same-sex couples, without marriage recognition. In a 5-4 decision the judiciary supported them.
Give an example of Amicus Briefs?
Over 148 Amicus Briefs were submitted in the case of Obergefell vs Hodges (2015) which was won in favour of Obergefell
What is the counter to litigation?
It is temporary as rulings can be easily changed
E.g. After the ruling of Roe v Wade (1973) to establish abortion rights, Conservative Pressure Groups spent decades campaigning to change it. This suceeded in Dobbs vs Jackson (2022)- Decision to regulate abortion was now just up to states
What is Direct Action? (Way pressure group influences decision-making)
Physical action taken by pressure groups to sway public opinion
Give an example of Direct Action? (way pressure groups influence decision-making)
Since 2013 Black Lives Matter has organised huge demonstations against police killing black people which increased following the the 2020 murder of George Floyd with 140 demonstrations. As a result, now 31/100 largest cities have banned the use of chokeholds by law enforcement
What is the counter to direct action?
Disagreement on the aims by members can restrict progress
E.g The Occupy Wall Street movement which occupied Zuccotti Park in New York in 2011 failed to achieve reform due to disagreement
3 structural ways that Pressure Groups can gain access in the US?
First Amendment (Constitution)
System of Checks and Balances
Direct Democracy
What is meant by First Amendment? (structural way pressure groups can gain access)
What example can be used to back this up?
It grants citizens freedom of speech and the right to peacefully assemble.
When Alabama claimed that the National Association for the Advancement of Colored People (NAACP) was causing too much political unrest in 1958, they wanted a list of all the members, which SCOTUS said was unconstitutional as it infringed on the freedom of association
How does seperation of powers and checks and balances aid in pressure group access (strucutural way pressure groups can gain access)
All branches of governemnt become exposed to Pressure Group influence which multiplies the number of access points. If the President doesn’t agree with a bill you want to create, maybe Congress does or the SCOTUS
Give an example of seperation of powers and checks and balances? (structural way pressure groups can gain access)
After the ACA was signed in 2010, the National Federation of Independent Business (NFIB), used the judiciary to challenge it. In NFIB vs Sebelius (2010) the court ruled 7-2 that Congress could not make states expand Medicaid, so Congress was used to counter executive action
What is the theory for comparison to the UK?
The fusion of powers in the UK means that pressure groups cannot deviate to different parts of government and so have to try and gain insider status.
How does direct democracy affect pressure group access? (structural way pressure groups can gain access)
Even if bills are defeated at state the federal state level, referendums and state initiatives can provide an avenue for changing legislation. E.g Fund the collection of signatures for initiatives.
Give an example of direct democracy affecting pressure group access?
Pressure group voters, not politicians, were instrumental in raising 425,000 signatures in Michigan in 2018 to get Proposal 2 on the the ballot, which passed with 61% of the vote
What is the direct democracy example for the UK?
Groups such as Vote to Leave and Britain Stronger in Europe played central roles during the 2016 EU Referendum campaign
What are factors that influence pressure group sucess?
Insider Status
Wealth
Membership Size (how big the group is)
What is insider status?
Pressure groups that are favourable with the government are more likely to suceed in their objectives
What is an example to support insider status? (factor that influence pressure group success)
What is the counter?
Chamber of Commerce 2020 for the passing of the United States-Mexico-Canada Agreement.
Chamber was unable to convince the Trump Administration to reverse tariffs on goods from China and the EU.
What can be created as a result of insider status?
What is the iron triangle?
Iron Triangles
A mutually beneficial 3 way relationship between Congress, the Executive and Interest Groups. This is notably seen in the Defence Sector.
What is an example showing the Iron Triangle?
Defence Industry companies spent $30 million on contributions to Joe Courtney, the chair of the Seapower and Projections Forces Subcommittee for his campaign in Congress
Lockheed Martin spend $14 million a year on lobbyists to help push their agenda, such as their bid for fighter jets
How can wealth increase the sucess of pressure groups? (factor affecting pressure groups’ success)
Wealthier groups can spend an enormous amount on electioneering, donating the candidates and establishing superpacs.
What is the best example for wealth?
The League of Conservative Voters spent about $85 million on election campaigns for Democrats. This alowed them to reach the objective of winning the House of Representatives back for Democrats with 60 of their congressional candidates being elected in 2018
What is the counter for wealth?
Wealth is important but public opinion can often overcome disadvantages as it can shape protesting and encourage government policy change
E.g BLM in 2013 with limited funding but after the killing of Georgle Floyd support rose with 15-26 million people protesting
What is the best example to how size of membership (factor influencing the success of pressure groups)
The American Association of Retired Persons has 38 million members across the US which has helped to pass changes to Medicaid under Bush including removing the need for private insurers to provide drug prescription coverage.
What is the counter for size of membership?
Smal membership doesn’t matter if you have good insider status
The National Rifles Association (NRA) only has 5 million members but it historically has had very high influence on gun legislation via lobbying and strong political donations
‘Pressure Groups in the US are too powerful’- What are the premisies?
Power over the legislative
Power over the judiciary
Direct Action
What is one way influence over legislation can be done by pressure groups?
What is the theory?
Electioneering
Due to Citizens Unitd vs FEC (2010) Pressure groups are able to spend significant sums of money supporting legislators who support their aims
An example of Pressure Group influence over the legislation
League of Conservatives Voters over abortion in Roe v Wade cases from 1973.
What is the counter to influence over legisation?
Spending does not automatically gurantee support
E.g The NRA spent 30 million promoting Trump in 2016 but he did not give them unconditional support. Trump’s intro of a ban on bump stock (automatic rifle attachment) was heavily criticised by the NRA
What is the theory for power over the judiciary?
Pressure groups target an area of law in which they wish to see a change, and support cases that aid in this
Best example to show power over the judiciary?
It was the ACLU who brought forward the case of Obergefell vs Hodges (2015). They submitted breifs saying that 100,000 children were being raised by same sex couples without marraige recognition. In a 5-4 decision, the judiciary supported them.
What is the counter to power over the judiciary?
The SC is indepednent in the US and so rulings will be made regardless of pressure group intervention
The ACLU temporarily halted the Muslim Ban by Trump in 2017 with 56 legal challenges but SCOTUS allowed it to proceed in 2019
‘Pressure Groups are beneficial for Democracy’- What are the Premises?
Representation
Accountability
Educate Congress
What is the theory for represenatation?
Pressure groups help to fill the void left by the two main parties not covering all the interests of people in the USA.
Best example for representation?
BLM 2013- They amplified concerns about police violence that Afro-Americans thought were not being considered
What is the counter for representation?
There is an unequal share of represenation
Chamber of Commerece met with 36 Congresspeople to help pressure the gov pass the United States-Mexico-Canada Agreement in 2020
What is the theory for accountability?
Pressure groups use scorecards, rating Congresspeople on how well their votes on key issues align with the pressure groups’ objectives. This can lead to pressure groups punishing Congresspeople politically.
What is the best example for accoutability?
The League of Conservation Voters (LCV) pressure group give the pulbic candidate comparisions in crucial congressional races, so voters can see the differences. In the 2012 election 3/12 on the ‘dirty dozen’ list lost their seat
What is the counter for accountability?
Pressure groups can only rely on incumbents, as if incumbents are defeated this means that the pressure group has to start all over again to build relationships.
E.g in 2012 87% of the $24 million of PAC donations by agribusiness was given to incumbents rather than challengers
What is the theory for education?
Pressure groups have the opportunity to provide their expertise to members of Congress including in Committees
Best example for education?
During the crafting of the ACA 2009, The American Medical Association gave technical recommendations to Congress on issues like insurance exchanges. They represented 240,000 at the time.
What is the counter for education?
Pressure group education can also lead to wrong decisions by the government.
E.g The American Petroleum Institute (API) argued that tighter regulation under the clean air act would cause major harm and unreliable energy supply, later reports contradicted this
‘Pressure Groups protect rights very well in the US’- What are the premises?
Litigation
Lobbying
What is the best example to show pressure groups can use litigation to protect rights?
The ACLU filed more than 400 lawsuits agaisnt the first Trump administration. This helped to force the government to end its policy of seperating migrant children from their parents
What is the counter to litigation, that pressure groups can use it to protect rights?
Lawsuits don’t always suceed
E.g Trump Muslim Ban
Best example for lobbying protecting rights?
In 2024 the NAACP lobbied members of Congress for a NMW. They invested more than $20 million in voter mobilisation which they claimed was the largest civil rights programme in history
What is the counter for lobbying protecting rights?
The ACLU lobbied Congress members to stop the expansion of 9/11 surveilance especially the USA Patriot Act 2001, even so the Patriot Act still passed with overwhelming bipartisan support (357-66) and (98-1)