USA Politics
Judges are limited by precedent, and can support decisions that conflict with their political views.
In the case Texas v. Johnson (1989), the Supreme Court struck down a state ban on burning the American flag. Justice Kennedy does not personally believe that people should burn the American flag, but he argued that the 1st Amendment right to free speech protected it.
However... the use of this power can be extremely controversial, and it does have its limits.
In the case United States v. Nixon (1974), the Supreme Court ruled that President Nixon had to hand over audio tapes of conversations that he attempted to withhold in order to cover up the Watergate scandal.
All Democratic, and most Republican, primaries are now proportional.
Since 1992, the Democratic Party has had rules requiring delegates to the national convention to be awarded in proportion to the popular vote.
Republicans argue that tax cuts, including for the wealthy, are essential and favor welfare cuts.
Republicans cut $8.6 billion from the"food stamps" programme, which are given to the very poor to buy food. While this was a substantial cut, it was far less than the $40 billion reduction that Tea Party Republicans wanted.
However, there is some Republican disagreement over US military alliances.
Senator John McCain has been very critical of Trump's promise to introduce interrogation techniques that are "a hell of a lot worse than waterboarding", and of his regular criticism of NATO.
However, more religious Tea Party activists tend to be more socially conservative than many 'establishment', Wall Street Republicans.
Several Republicans caused controversy in their 2012 election campaigns after they supported bans on abortion under all circumstances, likely due to religious reasoning.
The success of pressure groups is limited by aims- Are the group's aims in-line with Government policy or in opposition to it?
Tea Party groups like the Heritage Foundation and Club for Growth campaigned against the Patient Protection and Affordable Care Act (2010) throughout President Obama's two terms in office.
Mandate can be weakened by wealthy interest groups.
The 'No on 522' campaign (industry donors) = $22 million. The yes campaign (funded by smaller, organic farmers) = $8 million.
However... Congress has still passed some historic laws, and there have been some signs of bi-partisanship.
The 111th Congress passed several historic bills. The Patient Protection and Affordable Care Act (2010) overhauled the US healthcare system, after decades of failed attempts.
Elected representatives have become more descriptively representative.
The 115th Congress is the most diverse in history, with record numbers of racial or ethnic minority members elected in the 2016 elections.
Race has arguably not been a central issue in recent presidential and congressional election cycles.
The 2008 presidential election debate was dominated by the state of the US economy, national security and healthcare.
Pressure groups with mass memberships have significant power because of the threat they pose at election time.
The American Association of Retired Persons (AARP), a pressure group representing the interests of retired Americans, has over 40 million members. media attention when the group came out in opposition to the Republican Party's alternative to Obamacare in March 2017.
Insider groups are expected to be more successful because, due to their professionalism or expertise, the government often consults them, and they have direct contact with key figures.
The American Civil Liberties Union often prepare amicus curiae briefs for cases involving a challenge to constitutional rights, because they have an interest in seeing these defended.
The president has a number of significant powers explicitly granted by the US Constitution
The Constitution gives the president the power to: command the armed forces: request advice from the cabinet; grant pardons and commute sentences; make treaties with foreign nations. etc Obama utilised commutations to, in large part, reduce the sentences of non-violent drug offenders as Congress refused to pass laws retroactively reducing mandatory minimum sentences.
The recall process can ensure democracy however can give substantial power to a vocal minority
The NRA is very influential. only 34% of citizens in Colorado felt that Senator Morse should be recalled (was recalled after changes to gun legislation).
Pressure groups provide much needed scrutiny, helping citizens to hold representatives accountable.
The National Rifle Association grades members of congress from A+, for those with "an excellent voting record on all critical NRA issues", down to F, for "true enemies of gun rights".
Democrats are generally much more supportive of immigration reform. Argue that it would not only be logistically difficult, but morally wrong to separate families and communities by deporting over 11 million people.
The Obama administration announced a new programme called Deferred Action for Childhood Arrivals (DACA), which would allow around 800,000 undocumented immigrants to apply for work permits and remain in the country in 2012.
However... the filibuster does ensure that the minority party is able to influence legislation.
The Republicans attempted to make substantial cuts to Medicaid, sizeable tax cuts for higher earners, and end 'Obamacare's' income based subsidies - all without any input from Democrats. Had the budget reconciliation procedure not been available, the threat of a filibuster would have forced Republicans to moderate their plans.
While significant campaign finance laws have been passed since the 70s, several loopholes and Supreme Court decisions have weakened them.
'Dark money' has increased due to the use of 501(c)(4) groups, which are allowed to collect anonymous donations as long as their main purpose is "social welfare" and not political campaigning.
Some critics argue that any inequality between different races is cultural, rather than a political or legal issue. However... others argue that such claims overlook America's history of systemic discrimination.
A 2016 report by The Sentencing Project found that African-Americans are incarcerated at a rate that is 5.1 times that of white Americans
While Congress has struggled to make progress on immigration reform, there much that the public agrees on.
A February 2017 poll by Quinnipiac University found that 80% support allowing 'Dreamers' (undocumented immigrants who were brought to the US as children) to remain in the US
Congress passed the War Powers Resolution (1973) to limit the president's use of the military.
After Presidents Truman, Eisenhower, Kennedy and Nixon all authorised military action without the consent of Congress, the legislative branch passed the War Powers Resolution, limiting the use of the military to 3 established circumstances.
However... it can be difficult to describe modern presidents as 'imperilled' when it comes to foreign policy.
After the 9/11 attacks, Congress passed the Authorisation for Use of Military Force Act (2001) to give presidents broad powers to "take all necessary and appropriate force" against terrorism.
The increase in partisanship, and election of more ideological members, has impacted productivity
After the Democrats lost the House in 2010, and Senate in 2014, this partisanship made it increasingly difficult to pass laws needed to address pressing issues. The 113th Congress narrowly avoided being the most unproductive in history. Legislators passed 296 bills, which is just slightly ahead of the 112th Congress, which passed 283 over its two years.
Democrats are generally much more in favour of gun control, and have strongly supported reforms that have ultimately been defeated.
After the Sandy Hook School shooting in 2012, Democrats proposed a number of reforms, including the introduction of mandatory background checks.
However... many Republican contests are still winner-takes-all.
After the drawn out 2012 contest, the Republican National Committee passed new rules that required any states that hold primaries between 1st March and 14th March to award their delegates on a proportional basis. After March 15th, state parties were free to award their delegates on a winner-takes-all basis
Initiatives and referendums educate voters and give a much-needed mandate for controversial changes.
Alaska saw higher turnout in the 2014 mid-term elections after high profile minimum wage initiatives
However... the US Constitution helps to protect the independence of the Supreme Court.
Article 3 section 1 of the constitution means that once appointed, the executive and legislative branches cannot apply pressure on the Supreme Court by threatening to dismiss them or lower their salaries.
While federal & state governments share 'concurrent powers', the Constitution makes federal law supreme.
Article 6 of the Constitution states that the US Constitution, federal laws and US treaties are to be considered the "supreme law of the land".
However... Congress has used the 'necessary and proper clause' to greatly expand its powers.
Article I includes the 'Necessary and Proper Clause', which states that Congress has the power to do all that is "necessary and proper" to carry out the enumerated powers. This was firmly established in the Supreme Court case McCulloch v. Maryland (1819), in which the justices ruled that it was 'necessary and proper' for Congress to establish a federal bank in order to carry out enumerated powers.
The Democrats have long supported reforms to America's healthcare system despite variations within the party.
Bernie Sanders supported the introduction of universal health care, whilst Hillary Clinton argued that this was financially unachievable.
Some Democrats may support gun ownership.
Bernie Sanders, who represents Vermont, a rural state where around half of all citizens own guns for hunting and target practice, took a more centrist view. He said that gun ownership is a right.
However, there is variation within the democrats.
Blue Dog Democrats, who represented more conservative districts, were reluctant to invest any more on a stimulus package, and 11 actually voted against the bill (TRA 2009).
The appointments process for the Supreme Court has become increasingly politicised.
Both candidates in the 2016 presidential election told voters that their vote would effectively decide the direction of the Court for years to come. Donald Trump even went as far as to release the names of judges that he would be prepared to nominate if he won.
Some republicans are in favor of immigrants because they contribute to a productive economy.
Bush, a former Republican party leader, said that immigration fuels the economy by $36 to $72 billion per year
Within the Republican Party, there are differing levels of commitment to deficit reduction.
In 2013, Tea Party Republicans pressured congressional leaders to reject all appropriations bills and increases to the debt ceiling. (shows a higher level of commitment to defecit reduction)
Many states passed statutes and amendments that were clearly influenced by past initiatives in other states, showing how direct democracy in one state can influence the rest of the country.
In 2014, Alaska, Oregon and Washington DC all legalised recreational marijuana. (In 2012, voters in Colorado and Washington became the first to use initiatives to legalise the use of marijuana. )
However... divided government can equally lead to extremely partisan, potentially less effective, scrutiny.
In 2014, House Republicans established a new temporary 'Select Committee on Benghazi' to investigate whether executive incompetence led to the deaths of four Americans at the US diplomatic compound in Libya in 2012 despite nine different investigations which found otherwise.
Gerrymandering and wasted votes mean that few seats are actually genuinely competitive
In 2014, over 380 seats were considered to be safe Republican or Democrat seats, making it harder to argue that the result reflected support or opposition to the President.
There have been some attempts to encourage 'cooperative federalism', giving states more influence.
In 2015, President Obama announced the Clean Power Plan. The CPP set specific limits on CO2 emissions from power plants, but gave states the flexibility to design their own plans for meeting these limits.
However... there is no guarantee that this expertise from pressure groups or information will be fair and balanced.
In 2015, the pro-life group Centre for Political Progress released a secretly recorded video of Planned Parenthood's Senior Director of Medical Research that had been edited to give the misleading impression that the group was illegally profiting from the sale of aborted fetal tissue.
However... delegates and party bosses still retain influence they would not have in a direct election.
In 2016 some states' delegates became 'unbound' once the candidate they originally pledged to support dropped out of the race.
However... rule changes have limited frontloading, and many recent contests have run to the end.
In 2016, both parties allowed just four states (Iowa, New Hampshire, Nevada, and South Carolina) to hold their primary/ caucus in February. The remaining states were instructed to hold their contests on or after March 1st
Early voting states, which are unrepresentative of the wider population, have too much influence.
In 2016, five Republican candidates withdrew during the invisible primary, Mike Huckabee, Rick Santorum, and Rand Paul dropped out after the Iowa caucus
However... even the conservatives on the Rehnquist & Roberts Courts have been activist when it suits them.
In the case Bush v. Gore, the conservative justices supported the 5-4 decision to stop Florida from recounting votes after the 2000 presidential election, thus determining the outcome of the election.
However... presidents cannot always predict how their nominees will behave.
Republican President Eisenhower called his nomination of Earl Warren, "the biggest damn fool mistake I ever made." Warren was previously a Republican Governor of California, but he went on to lead an activist, liberal court that greatly frustrated Republicans.
However... the scrutiny of vocal, active minority groups can defeat popular reforms (tyranny of the minority)
universal background checks on gun purchases were defeated in the Senate in 2013, in a 54-46 vote because a minority of Senators, representing a vocal minority of guns rights activists, were able to defeat the measures.
Republicans who opposed Trump's nomination argued that the system is too open to populist outsiders.
They argue that the establishment would have picked a candidate who was more qualified, more experienced, and less divisive, highlighting that, while Trump won the Electoral College, he lost the popular vote, and has had record low approval ratings while in office.
Republicans argue that defense spending is vital, and that a strong military presence around the world is essential to uphold order.
They were especially critical when the President did not take military action in Syria in 2012. Whereas, in 2017 when chemical weapons were found in Syria Trump responded by approving an airstrike on a Syrian air base.
Justices must present detailed written verdicts that show how their decisions are based on the Constitution.
This requirement helps to ensure that decisions are based in law, rather than on personal feelings.
The filibuster has become so common in the Senate that practically every vote now needs a supermajority.
To stop a filibuster, 60 Senators must support a 'cloture motion' to end the debate and trigger a vote. From 1917-70, the cloture procedure was used only 8 times to prevent the disruption of filibusters. Republican Senate Majority Leader Mitch McConnell filed 128 cloture motions from Jan 2015 - Jan 2017.
The relationship between the federal and state governments has changed greatly over time.
'Dual federalism' where the states exercised a similar level of power to the federal government. This period ended with the Great Depression and outbreak of World War II. Both crises led the federal government to greatly expand its role. This period is often described as 'cooperative federalism'.
Initiatives and referendums have allowed states to overcome the gridlock in Congress
(Campaigns to legalise marijuana have so far been unsuccessful in Congress) in 2012, voters in Colorado and Washington used initiatives to legalise the use of marijuana.
Republicans tend to be more supportive of free trade agreements, arguing that they create jobs by encouraging exports, and improve standards as cheaper goods are imported for sale in America.
107 House Republicans signed a letter to Trump urging him to reconsider the a higher tariff, arguing that tariffs "are taxes that make US businesses less competitive, and US consumers poorer."
The Republican Party is generally united on many social issues.
A 2013 bill introducing universal background checks on those purchasing weapons, supported by over 90% of the US population, was defeated in the Senate after some Blue Dog Democrats voted with Republicans.
Some argued that the election of Barack Obama showed that America was entering a 'post-racial' era.
Barack Obama's election as the first black president was considered by some to be a powerful symbol of how just much America had changed.
However... Presidents Obama and Trump have been slightly more reluctant to take such unilateral action.
By the end of his presidency, Obama had issued 37 signing statements. This is far fewer than President George W. Bush who issued 112 statements in his first term and 50 in his second. President Trump issued seven signing statements in his first year, considerably less than the 24 issued by President Bush in 2001.
However state Initiatives and referendums can also result in a 'tyranny of the majority'
California voters amended their state constitution in 1996 to ban affirmative action.
However... the mandate of Initiatives and referendums is often weakened by low turnout
In 2013, (voters in Washington voted on) Initiative 522, (about labels for genetically modified ingredients). Over 54% voted 'no', but turnout was only 44.5%.
Democrats are supportive of progressive taxation, where the wealthier pay a much higher proportion than those who earn less.
Clinton announced an additional 4% surtax on incomes over $5 million, whereas Sanders pledged to raise all income tax bands progressively so that the wealthiest pay more.
However... the Constitution's checks and balances, and the president's political power or lack thereof, can limit the use of formal powers.
Congress can overturn vetoes if there is sufficient bi-partisan support. When Obama vetoed the Justice Against Sponsors of Terrorism Act in September 2016, which had passed unanimously in Congress, a vote to override the veto passed 97-1 in the Senate, and 348-77 in the House.
However... changing the law to permanently remove sanctions will require Congress.
Congress has passed six different laws imposing sanctions on Cuba. The laws give the President some power to decide how to enforce them, allowing Obama to sign executive orders that instructed officials to relax some of the sanctions.
Since the 16th Amendment, categorical grants have been used to coerce states into taking certain actions.
Congress lacks the power to set a minimum drinking age, so the National Minimum Drinking Age Act of 1984 gave states funds for building and maintaining roads, on the condition that they implemented a minimum drinking age.
However... the increased use of 'executive agreements' undermines the checks and balances.
Congressional-executive agreements are often used for big international trade deals, such as the North Atlantic Free Trade Agreement (1993). However, on January 23, 2017, Trump used a presidential memorandum to withdraw the US from the TPP, despite the progress that had been made on the treaty.
Some liberal critics have argued that Obama was actually more hawkish than he often appeared.
He approved military action in Libya in 2011, and planned £11billion investment in 'destroying ISIL', recommended in his 2017 budget proposal. Sanders opposed the 2003 invasion of Iraq, and repeatedly argued that the US should not lead the fight against Islamic State.
In recent years Democrats and Republicans have been sharply divided over the dangers posed by deficit spending, and the best ways to reduce the national deficit and debt.
Democrats are more likely to increase the deficit. In 2008 the Democrats proposal for recovery after the recession was The Reinvestment Act (2009) (planned to invest over $750 billion in infrastructure.)
The advantage enjoyed by incumbents means they are less affected by the president's performance
Despite Congress having an approval rating of around 13%, over 96% of House incumbents were re-elected in 2014.
Race has been more prominent in elections recently.
Donald Trump pledged to build a wall between the US and Mexico, denounced many Mexican immigrants as 'rapists', and made promises to completely halt all Muslim immigration to the states.
Super PACs have circumvented donation restrictions after Citizen's United v. Federal Election Commission (2010). In a 5-4 decision, when justices ruled that restrictions on how much corporations, associations and trade unions could spend on campaign ads
Donald Trump regularly boasted throughout the campaign that, as a billionaire, he did not need to rely upon large donations to Super PACs. While Super PACs supporting Trump still raised and spent around $72 million, this was substantially less that the $205 million spent by Super PACs supporting Hillary Clinton.
The absence of presidential coattails might be as significant as the president's performance
For example, in 2008 the Democratic Senate candidate Mark Begich defeated six-term Republican Senator Ted Stevens in Alaksa. But in 2014, without Obama's coattails to help him, Begich was easily defeated after just one term.
However... presidents are limited by what they can achieve with executive orders.
For example, in January 2009, just weeks into his first term, President Obama signed an executive order to close Guantanamo Bay prison within the year. However, the prison remains open to this day - largely because Congress passed bills that blocked the funding needed to transfer the prisoners.
Gerrymandering means that many members of Congress do not have an incentive to compromise.
For respresentatives in safe seats, their main threat comes from a primary challenge. Many Republications fear being called Republicans in name only and so refuse to make any concessions to Democrats. House Majority Leader Eric Cantor lost his seat in 2014, not to a Democrat, but in primary challenge from an unknown economics professor, supported by the Tea Party.
The Senate has repeatedly refused to give its "advice and consent" to executive appointments.
From 1949-2013, 168 presidential nominees were filibustered. Of these filibusters, 82 were used to block appointments made by President Obama.
Presidents can have significant political power at the start of their term.
If presidents enjoy healthy support from the public, this can give them much greater political power to pressure Congress. In his first year, President Trump polled consistently higher amongst Republicans than other leaders in his party. Polls conducted for CNN in December 2017 found that 85% of Republicans viewed Trump favourably House Speaker Paul Ryan (66%) and Senate Majority Leader Mitch McConnell (31% in a September poll).
The process is arguably far too long, expensive and superficial.
In 1960, John F. Kennedy announced his candidacy for the Democratic nomination just 66 days before the first primary. In contrast, Ted Cruz announced his candidacy in March 2015 - almost 11 months before voting was due to begin.
However... the Supreme Court relies upon Congress and the executive branch to enforce its decisions.
In 1963, the Governor of Alabama attempted to prevent two black students from enrolling at the University of Alabama, forcing President Kennedy to send the National Guard to intervene.
Far more voters have become involved in the selection process since the McGovern-Fraser reforms.
In 1968, only 11.7 million people took part in the nomination process. In 2016, around 61 million people participated in the presidential nomination system
The Democratic Party tends to be quite divided on the issue of free trade.
In 1994, President Bill Clinton signed the North Atlantic Free Trade Agreement, a free trade agreement with Canada and Mexico. However, over 150 Democrats in the House voted against the bill.
State Initiatives & referendums help ensure that state constitutions and laws closely reflect the views of citizens
In 2000, Arizona voters approved Proposition 106, a bill to establish the Arizona Independent Redistricting Commission.
However... with the Supreme Court so divided, a single appointment can lead to overturned precedents.
In 2003, the Supreme Court largely upheld the Bi-Partisan Campaign Reform Act (2002) in the case McConnell v. FEC. Yet, just seven years later, the court struck down most of that same law in the case Citizens United v. FEC (2010). The reason why the law went from constitutional to unconstitutional was that the more moderate Justice Sandra Day O'Connor retired, and was replaced by the more conservative Justice Samuel Alito.
However, Blue Dog Democrats, who tend to represent southern states, with sizable coal and oil industries, are less concerned.
In 2009, Blue Dogs also voted with Republicans to defeat the American Clean Energy and Security Act, which would have introduced a cap and-trade system for carbon emissions.
Generally, the Democrats can be more dovish, and more skeptical of taking military action abroad.
In 2010, Obama signed the New START treaty with Russia, reducing each nation's number of strategic nuclear missile launchers.
Despite bi-partisan efforts, Congress has been unable to make any progress on immigration reform
In 2010, the bi-partisan Development, Relief, and Education for Alien Minors (DREAM) Act was introduced to the Senate only to be swiftly defeated.
Frontloading compresses the race, and creates even more pressure to fundraise.
In 2012, Republican candidate Mitt Romney received all of the 1,144 delegates he needed between 3rd January and 24th April, having won 225 delegates on Super Tuesday alone.
The executive has had better success on immigration reform
In 2012, the Obama Administration took unilateral action with a new programme called Deferred Action for Childhood Arrivals, which allowed 800,000 undocumented immigrants, who were brought to the US to remain in the country.
The Obama administration used prosecutorial discretion to reform immigration policy without Congress
In 2012, the Obama administration announced the Deferred Action for Childhood Arrivals (DACA) programme, which allowed around 800,000 undocumented immigrants, who had been brought to America when they were young children, to apply for work permits, and, in turn, be protected from being deported.
The Republican Party can also be quite divided over the issue of immigration reform.
In 2012, the Republican presidential candidate Mitt Romney endorsed a policy of "selfdeportation" to deal with illegal immigration, under which life is made so difficult for undocumented immigrants that they leave.
It is arguable that the liberal Warren and Burger Courts were more activist than today's Supreme Court.
In 7.1% of the Warren Court's cases, the justices struck down federal, state or local laws, and in 2.4% of cases they overturned judicial precedent. Many of the conservative justices nominated to the Rehnquist Court (1986-2005) and Roberts Court (2005-present) have claimed to be more reluctant to challenge Congress.
The Supreme Court has protected civil liberties that were threatened by controversial anti-terrorism laws.
In Boumediene v. Bush (2008) the Supreme Court ruled that foreign terrorism suspects held at Guantanamo Bay prison had constitutional rights to challenge their detention in US courts.
A number of landmark rulings have greatly advanced the rights of US citizens, particularly minority groups.
In Brown v. Board of Education (1954) the Supreme Court ruled 9-0 that separate schools for white and black students were inherently unequal, and therefore violated the Equal Protection Clause of the 14th Amendment.
The Supreme Court is clearly treated as a political institution by pressure groups.
In Elonis v United States (2015), which asked whether violent rap lyrics constitute an illegal threat. pressure groups signed amicus curiae briefs arguing no one should be convicted if their words were found to be threatening. This demonstrates a degree of lobbying.
Democrats are generally much more concerned by global warming than the Republican Party.
In February 2015, President Obama vetoed the Keystone XL Pipeline Approval Act, which approved the construction of a new 1,179- mile long pipeline that would carry around 830,000 barrels of tar sands oil a day from Canada to Texas.
Laws have made lobbying more transparent, and have slowed the revolving door.
In January 2017, President Trump signed an executive order imposing new limits on the revolving door of executive agency employees who wish to become lobbyists after leaving their posts. The order restricts employees from engaging in lobbying activities that relate to the agency in which they worked for 5 years after they leave their post.
However... the separation of powers means that the Supreme Court can only go so far in protecting rights.
In Lilly Ledbetter v Goodyear Tyre and Rubber Co. (2007), a female employee wanted to sue due to lower pay but the Civil Rights Act (1964) required legal action to be taken within 180 days of the discriminatory act. The Supreme Court ruled that Ledbetter could not take legal action.
Pressure groups give a voice to minority groups that might otherwise go unheard.
In March 2016, the Governor of South Dakota vetoed a bill prohibiting transgender students from using the bathroom that aligns with their gender identity, after the ACLU organised for him to meet with a group of transgender students who, he said, "put a human face" on the likely impact of the bill
While all Republicans have been firmly opposed to 'Obamacare', the strongest criticism of the PPACA (2010) has come from Tea Party Republicans.
In March 2017, House Republicans announced their long awaited Obamacare replacement - the American Health Care Act (AHCA), which only kept two of Obamacare's provisions.
Congressional oversight of the executive branch can be weak when the president's party controls Congress.
In March 2018, Republicans on the House Intelligence Committee controversially announced that they were ending their investigation into allegations of Russian interference in the 2016 elections, having concluded that there was no evidence of collusion between the Trump campaign and Russia. Despite Mueller's discovery of collusion.
Pressure groups, particularly those using direct action, can undemocratically force their agenda.
In November 2015, Robert Lewis Dear Jr shot at police and civilians as part of a protest against Planned Parenthood.
Some Supreme Court decisions have greatly restricted the rights of minorities.
In Plessey v. Ferguson (1896), the Supreme Court upheld racial segregation, under the doctrine of "separate but equal", as constitutional.
However... again, there are limits to what the president can achieve through prosecutorial discretion.
In September 2017, the Trump Administration announced that it was also ending the DACA programme.
Modern presidents have increasingly used executive actions and executive orders to circumvent Congress.
In his 2014 State of the Union Address, President Obama promised a 'year of action' where he would use executive orders to tackle issues that had stalled in Congress.
Informal organisation can limit pressure group success.
In response to critics Black lives Matter released a 10-point plan in 2015, called Campaign Zero, which made specific legislative proposals for police reform. Moving from protest to policy.
There is still a striking racial divide when it comes to voting behaviour.
In the 2012 Presidential election, Barack Obama was supported by 93% of African-American, 73% of Asian-American, and 71% of Hispanic- American voters
However... the influence held by a wealthy elite undermines the idea that America is a pluralist democracy.
In the 2016 general elections, just 0.52% of the US adult population was responsible for 67.8% of all political contributions.
The increasing number of 5-4 decisions suggests that justices are influenced by their own political views.
In the 2016 session, Justice Kennedy gave the deciding fifth vote to either the four conservative justices (Roberts, Thomas, Alito, Gorsuch), or four liberal justices (Ginsberg, Breyer, Sotomayor, Kagan) in six of the seven 5-4 decisions.
However... while there are many high profile 5-4 rulings, the majority of cases are decided more decisively.
In the 2016 term, 59% of cases were decided 9-0, 9% were decided 8-1, 17% were decided 7-2, 4% were decided 6-3
However... other forms of affirmative action continue to be fiercely debated on the state and national level.
In the case Grutter v. Bollinger (2003), the Supreme Court ruled that the University of Michigan Law School's admission policy, which was different to that of the main University, was constitutional, even though it was designed to help minorities get places on their courses.
The Supreme Court has ruled that racism is no longer a significant issue when it comes to voting.
In the case Shelby County v. Holder (2013), the Supreme Court ruled that federal preclearance exceeded the Fourteenth Amendment right to equal protection and the Fifteenth Amendment protection of voting rights. Justice Roberts argued that racial discrimination is no longer the issue it was when the Voting Rights Act was passed in the 60s.
The Court has regularly upheld Constitutional and statutory rights, even when doing so is unpopular.
In the case Texas v. Johnson (1989) the Supreme Court ruled that state laws banning the burning of the American flag were unconstitutional, as they infringed on the First Amendment right to free speech.
The question of whether race based quotas are a constitutional form of affirmative action has been settled.
In the case University of California v. Bakke (1979), the Supreme Court ruled that using racial quotas in college admissions, where a specific number of places are reserved for racial minorities, violated the Equal Protection Clause of the 14th Amendment
The 115th Congress is the most diverse in history.
In total, there were 102 racial minority members - 92 seats in the House and 10 in the Senate. A record breaking 109 women are also elected to serve in the 115th Congress, up from the 108 women who served in the 114th.
'Iron triangles' are also criticised for having an undemocratic level of influence on decisions
Iron triangles have made it extremely hard to cut defence spending, as the Pentagon naturally wants to see defence spending increase, as do weapons manufacturers, and the Members of Congress they donate to, and whose constituents they may employ. In 2015-16, the top five contributors to House Representative Mac Thornberry, Chair of the House Armed Services Committee, were all defence contractors like Lockheed Martin.
However... this lengthy process is arguably a fitting test for an extremely important and demanding job.
It also helps outsiders to build momentum. While fundraising is certainly important, it has not necessarily been the candidate that raises the most during the invisible primary that has gone on to secure the nomination.
However... like other courts, the US Supreme cannot initiate proceedings.
It was only as recently as the 2008 case D.C. v. Heller that the court was required to rule whether the Second Amendment protected an individual's right to posses a handgun for self-defence.
However... the influence of the early voting states can be overstated.
John McCain (2008), Mitt Romney (2012) and Donald Trump (2016) all lost in Iowa, and yet went on to win the nomination.
However... the Supreme Court has also upheld some questionable uses of presidential power.
Korematsu v. United States (1944) - the Supreme Court upheld President Roosevelt's Executive Order 9066, which required all Japanese-Americans to be held in internment camps, after war broke out with Japan during WWII.
Pressure groups provide essential expertise, while also educating the public on key issues.
Many pressure groups like the ACLU also submit amicus briefs to the Supreme Court.
While Democrats are generally united in their support for immigration reform, there is not complete agreement over what form it should take.
More moderate Democrats, who tend to represent more conservative southern states, are more likely to accept stronger border enforcement. 2018 DACA
The Supreme Court has often prevented presidents from going beyond their enumerated and implied powers.
Rasul v. Bush (2004) - the Supreme Court ruled that President Bush's powers as Commander-in-Chief did not give him the authority to indefinitely detain 'enemy combatants' without trial.
Republicans have very different views to Democrats on how the deficit should be reduced. They believe in cutting the cost of the federal government, with the exception of defense spending.
Not a single Republican voted for the 2009 stimulus (the reinvestment act).
Barack Obama's election as the first black president was considered by some to be a powerful symbol of how just much America had changed.
Obama argued, "After my election, there was talk of a post-racial America. And such a vision, however well-intended, was never realistic. Race remains a potent and often divisive force in our society."
The Supreme Court has very limited time, meaning that some important rights cases can go unheard.
Of the approximately 10,000 petitions for a writ of certiorari (an order for lower courts to send their records to a higher court for review), that are made each year, the Supreme Court only has time to hear around 80 to 100 cases.
Treaties negotiated by the executive require the consent of the Senate.
On 13 October 1999, the Senate rejected ratification of the Comprehensive Nuclear Test Ban Treaty, which was an agreement to ban the testing of nuclear weapons.
The Republican Party is much more skeptical about global warming.
On 26th February 2015, the Republican Senator James Inhofe, carried a snowball into the Senate to support his argument that global warming is "the greatest hoax ever perpetrated on the American people".
However... Democrats opposed to Clinton's nomination argued that insiders still enjoy an unfair advantage
On June 6th, several superdelegates confirmed their support for Clinton, giving her the 2,383 delegates she needed to win.
President Ford considered the presidency to be "imperilled, not imperial"
One of the biggest limitations he identified was "the inability of the White House to maintain control over the large federal bureaucracy." He argued that presidents could give orders, but it was much more difficult to ensure that they were actually followed by the huge federal bureaucracy they are in charge of.
The Supreme Court has proven willing to read additional rights into the Constitution.
One of the most controversial examples of this is Roe v. Wade (1973), where the Supreme Court ruled that the right to an abortion was protected by the constitutional right to privacy. The right to privacy is not actually mentioned in the US constitution and was established in the court case Griswold v Connecticut, in which the Supreme Court interpreted 'the right to privacy' from the 9th and 14th Amendments in order to overturn a ban on contraceptives.
Pressure groups offer an alternative form of participation to elections.
Only 59.3% of eligible voters participated in the 2016 presidential election.
However... the response to the voting rights ruling arguably shows that race continues to be significant.
Only hours after the Supreme Court's ruling, the Texas Attorney General, Greg Abbott, announced that Texan voters would now need photo ID before voting - precisely one of the changes previously banned under the Voting Rights Act
However... the justices have also been willing to challenge stare decisis (the principle that judges should respect the precedent set by past decisions) and overturn unpopular precedents.
Plessey v. Ferguson (1896) was overruled by Brown v. Board of Education (1954).
Presidents can use 'executive privilege' to avoid disclosing information to Congress
President Obama used 'executive privilege' to withhold information on a federal programme called 'Operation Fast and Furious', in which the US Bureau of Alcohol, Tobacco, Firearms and Explosives purposely allowed firearms to be sold illegally so they could catch the buyers.
What influences voting in Congress? Pressure groups.
Pressure groups can make financial donations. Pressure groups can spend unlimited amounts on advertising. The National Rifle Association donated less than $14 million from 1998 to 2016 . However, from 1998-2017 the group also spent $144.3 million influencing elections in other ways, for example, by purchasing TV and online ads that criticise candidates that support gun controls.
It is arguably that direct democracy in the US has gone too far.
The US Constitution requires a 2/3 supermajority vote in both chambers of Congress just to propose an amendment. Yet in states amendment ratification only requires a majority of citizens.
However... The Supreme Court sets binding precedents on lowers courts, ensuring that rights are upheld.
The US Supreme Court has the final say on the meaning of the US Constitution, and, until it chooses to revisit the issues raised in Roe v. Wade (1973), the decades old precedent still stands.
However...even this limited legislation has had little impact.
The War Powers Resolution still effectively allows the president to order military action without authorisation for 90 days .
However... presidents can become 'lame ducks' in their second term.
The backlash against many of President Obama's policies, particularly his health care reforms, contributed to Democrats losing the House in the 2010 mid-term elections and the Senate in 2014. By 2015, only 45.7% of votes in Congress had the President's preferred outcome.
However...Congress is still descriptively unrepresentative of America's diverse population.
The majority of members are still overwhelmingly white, male, middle-aged, Christian and rich. After the 2016 election, just 19% of Congress was female, and relatively few women had leadership positions.
The separation of powers has been greatly undermined over the last century.
The president is the Commander-in-Chief of the armed forces, but Congress has the power to declare war and set budgets. President Truman sent forces to Korea without congressional authorisation, simply calling it 'police action' rather than a war.
After the 2012 elections, the Republican National Committee Chairman Reince Priebus launched an internal review called "Growth and Opportunity" to examine how the party could broaden its appeal to non-white voters
Trump did experience a slight upswing in non-white support from Mitt Romney in 2012. Polls suggest that Trump was up 2% amongst African-Americans and Hispanic Americans, and 3% amongst Asian- Americans. However, Trump's strongest support came white voters without college degrees.
What influences voting in Congress? The president.
Ultimately, the president's influence is most likely to be impacted by which party controls Congress. In 2009, 94.4% of votes in the House of Representatives went President Obama's way. But, in 2011, it dropped to 31.6%,. The reason for this dramatic change is that the Democrats lost their majority in the House in the 2010 mid-term elections.
However... it is arguable that representatives are simply reflecting the views of their constituents.
What might be considered gridlock to some people could actually be seen as good representation for those voters who do not want to compromise on issues like 'Obamacare' and public spending.
However... loopholes and waivers still enable pressure groups to take advantage of the 'revolving door'.
When the House Majority Leader, Eric Cantor, was defeated in a primary challenge in 2014, he soon announced that was taking a new job at the investment bank Moelis & Co, where he will "provide strategic counsel to the Firm's corporate and institutional clients on key issues".
However... Congress can still use its power to set budgets, and channel public opinion, to limit the president.
While Congress did not declare war in Vietnam, it did eventually cut the budget for military action in South-East Asia. This placed great pressure on the executive branch to speed up negotiations and find a way to withdraw troops, even though victory was far from secured.
However... this is arguably essential, considering the Constitution's age and often vague language
While explaining why the 14th Amendment protected same-sex marriage in Obergefell v Hodges (2015), Justice Kennedy argued, "The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions'
However, it is important to remember that money cannot guarantee success.
While members of President Trump's Mar-a-Lago resort are in the unusual position of being able to eat and sleep at the same venue as the President when he visits at weekends, this does not mean that they will necessarily be able to influence him.
However... the executive, legislative and judicial branches are still far less diverse than the US population.
Within the executive, one analysis of over 1,000 mid-level jobs found appointees to be 88% white. Trump's first Cabinet also contained more white men than the last six presidents.
However... turnout is often very low, giving more ideological voters disproportionate influence.
only 29% of the voting age population participates in a primary election
Financial Resources - Financial resources pressure group to use methods of influence unavailable to less well funded groups.
they can hire expensive professional lobbyists - Jim Coon, who worked as the majority staff director for the Aviation Subcommittee in the House of Representatives until 2013, and was hired in 2014 as the new Senior Vice-President of Government Relations at the Aircraft Owners and Pilots Association.
