Theoretical approaches

Question 1

What is the rational approach the roles of the UK and US constitution?

Answer 1

1. The federalist nature of the US Constitution means that pressure groups are more likely to lobby a range of institutions
   E.g. the NRA lobbying state governments and bureaucrats
2. Most lobbying in the UK still focuses on Westminster, though devolved assemblies are increasingly targeted for certain issues
   E.g. the Friends of the Earth Scotland often lobby the Scottish Parliament over environmental issues
3. Mid-term elections encourage presidents to pass key legislation in the first 2 years
   E.g. Obama and healthcare reform, Trump and tax cuts

Question 2

What is the rational approach to civil rights in the UK and US?

Answer 2

1. Role of President G.W. Bush and PM Tony Blair in infringing civil liberties after 9/11 terrorist attacks
   E.g. waterboarding and use of searches without a court order in the US, the use of control order in the UK
   (this therefore allowed individuals rights to be curbed in the name of counter terrorism)
2. Role of individual leaders in campaigning for civil rights and keeping their cause on the political agenda
   E.g. the civil rights movement in the US benefitted form the inspiration leadership of Martin Luther King in the 1960s, whereas post-war UK civil rights movements lacked a figure of this type
   (therefore having an individual leader to represent a campaign can significantly improve its success)
3. Individuals play a key role in civil rights campaigns in both countries
   E.g. many campaigns centre on an infringement of an individuals rights and their determination to change the situation such as in Roe v Wade 1973 in the US and the Snowdrop Campaign 1997 in the UK
   (therefore the emphasis on the individual was essential in the success of civil rights campaigns in both countries)

Question 3

What is the rational approach to voting behaviour in the UK and US?

Answer 3

1. Many US pressure groups are behind ballot initiatives to promote their cause. Pressure groups tend to be less involved in UK referendums because the subject is purely constitutional, however, the EU referendum saw strong involvement by groups on both sides
   E.g. Christians for Britain supporting Brexit
2. Pressure groups use a variety of methods to persuade voters, such as ads on social media
   E.g. Greenpeace ads
3. Many pressure group campaigns appeal
   to people’s strongest emotions in order to
   influence them
   E.g. religious and ethical values in local
   votes over abortion laws in the USA, or
   patriotism and ‘taking back control’ in the EU
   referendum.

Question 4

How can the rational theory be used to analyse pressure groups?

Answer 4

1. US pressure groups will target the Court using amicus curiae briefs as the Judiciary is very powerful politically. The UKSC is less powerful in terms of framing policy outcomes
   E.g.. in 2018 the Christian Coalition of America produced an amicus curiae brief against legalising large-scale betting
2. In the UK, there is less lobbying of MPs as
   they are less likely to deviate from the party
   line than in the USA
   E.g. PM can use the whip system, Boris removed the whip of 22 MPs for voting against him on Brexit measures
3. US groups often donate large sums to political campaigns as they are relatively free to spend the money how they like, provided it is independent expenditure. This is not the case in the UK
   E.g. Citizens Utd v FEC 2010 ruled that pressure groups and corporations are individuals and therefore should not be capped in their freedom of speech through donation. NRA donated 30 million to Trump in 2016

Question 5

How can the rational theory impact the US and UK judiciaries?

Answer 5

1. The role of Trump in undermining judicial independence
   E.g. Trump repeatedly attacked the USSC, tweeting furiously about the ‘broken and unfair’ court system in 2018.
2. Judicial activist justices are present on the US court
   E.g. Sotomayor and Kagan voted in favour in Obergefell v Hodges in 2015, essentially ‘legislating from the bench’
3. There are individual differences between the justices and their degree of politicisation.
   E.g. Clarence Thomas is a conservative, Sonia Sotomayor is a liberal

Question 6

What is the rational theory of the executive?

Answer 6

1. The presidency has been approached in an imperial way
   E.g. Nixon overstretched his powers in continuing the war with Vietnam after Congress had revoked the Tonkin Gulf Resolution 1971
2. The role of PM has been approached in ‘presidential’ ways
   E.g. Blair often overlooked his cabinet and preferred a ‘sofa government’
3. The role of PM has been approached in a traditional manor
   E.g. David Cameron acted as a traditional PM as he was highly focused on his cabinet, and the senior Liberal Democrats in his coalition government