Evaluate the view that the American voters are the biggest influence on legislation (30)

Three paragraphs

Direct elections

Public opinion influences legislation

referedums at state level

Paragraph 1 (For and counter)

Direct elections

Once elected legislators prioritise party platform

Paragraph 2 (For and counter)

Public opinion influences legislation

Lobby groups and super pacs have more infleunce

Paragraph 3 (For and counter)

Referendums at state level

Federal constraints can override

Paragraph 1

• American voters have a direct influence on legislation through their ability to elect and remove lawmakers. Representatives and senators seeking re-election must appeal to their constituents, making them responsive to voter concerns. For example, in the 20

• 22 midterm elections, voter concerns over reproductive rights and threats to democracy led to an unexpectedly strong performance by the Democrats, helping them retain control of the Senate.

• This contributed to legislative efforts such as the Bipartisan Safer Communities Act, a moderate gun control measure passed after mass shootings in Uvalde and Buffalo, reflecting voter influence over Congress’s priorities

• However, once elected, legislators are not strictly bound by voter preferences and may prioritise their party’s platform or personal convictions. For example, despite over 60% of Americans supporting stricter gun control laws, Congress has failed to pass comprehensive reforms due to resistance from Republican lawmakers and the influence of the National Rifle Association (NRA).

• Similarly, even after the 2023 Ohio referendum protecting abortion rights, Republican state legislators attempted to weaken its impact by restricting implementation.

Paragraph 2

• Public opinion can force lawmakers to act, particularly on high-profile issues. The overturning of Roe v. Wade in 2022 led to a surge in voter-driven legislative action, with states like Michigan passing constitutional amendments to protect abortion rights following strong public pressure.

• Similarly, the public response to the Uvalde school shooting contributed to the passage of the Bipartisan Safer Communities Act, the most significant gun control legislation in decades.

Counterpoint

• However lobbying groups and wealthy donors often have more influence than ordinary voters.

• The influence of Super PACs and corporate donors means that lawmakers may prioritise the interests of their financial backers over the general public.

• For example, despite widespread public support for measures to regulate tech companies and social media platforms, lobbying from companies like Meta, Google, and Amazon has led to legislative inaction.

• Additionally, the 2023 Supreme Court ruling in Moore v. Harper rejected the “independent state legislature” theory, which could have allowed state lawmakers to bypass voters on election laws, demonstrating how institutional power can limit voter influence.

Paragraph 3

• At the state level, voters have a more direct impact on legislation through referendums and ballot initiatives.

• For example, in the 2022 midterms, voters in states like Michigan and California directly enshrined abortion rights into state law through ballot measures, bypassing legislative gridlock at the federal level.

• Similarly, the legalisation of recreational marijuana in states such as Colorado and California was driven by voter-led initiatives. This demonstrates that voters can have a decisive influence on laws, particularly at the state level.

Counterpoint

• However, federal constraints can override state-level voter influence. The Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization (2022) overturned Roe v. Wade, effectively allowing conservative states to ban abortion despite majority public support for abortion rights.

• Similarly, federal agencies and courts can block or override state policies, limiting the extent of voter influence. Additionally, the Electoral College system can result in a president being elected despite losing the popular vote, as seen in 2016 when Donald Trump won the presidency despite Hillary Clinton receiving nearly 3 million more votes.