| Citizens United vs FEC 2010. | Federal Election Commission that held that corporations could be banned from making electioneering communications. The Court upheld the reporting and disclaimer requirements for independent expenditures and electioneering communications. |
| Citizens United vs FEC 2010. | Federal Election Commission that held that corporations could be banned from making electioneering communications. The Court upheld the reporting and disclaimer requirements for independent expenditures and electioneering communications. |
| NA | NA |
| Citizens United vs FEC 2010. | Federal Election Commission that held that corporations could be banned from making electioneering communications. The Court upheld the reporting and disclaimer requirements for independent expenditures and electioneering communications. |
| Citizens United vs FEC 2010. | Federal Election Commission that held that corporations could be banned from making electioneering communications. The Court upheld the reporting and disclaimer requirements for independent expenditures and electioneering communications. |
| Citizens United vs FEC 2010. | Federal Election Commission that held that corporations could be banned from making electioneering communications. The Court upheld the reporting and disclaimer requirements for independent expenditures and electioneering communications. |
| Caucuses | a meeting at which local members of a political party register their preference among candidates running for office or select delegates to attend a convention |
| when and where do caucuses take place? | Although once more common, caucuses these days only take place in a few states, notably Iowa, Nevada and Alaska. |
| Primaries | Primaries conducted in 34 US states. They are similar to elections in the UK, with voters casting their ballot at polls. |
| closed primaries | closed, in which only a party’s registered members can vote |
| semi closed primaries | semi-closed where members and unaffiliated voters can participate |
| open primaries | open, where any registered voter can participate |
| semi-open primaries | semi-open, where any registered voter may take part but must request a party’s specific ballot. |
| case against electoral college | It gives a handful of states the lion’s share of campaign attention
it allows a candidate with fewer votes to win; it depresses voter turnout in “safe” states
it’s confusing
The electoral power of your vote depends on where you live. |
| the average electoral vote represents... | 436,000 persons |
| why is the average number of electoral voters a problem? | the number rises and falls per state depending on that state’s population over 18 years of age. |
| The states with the fewest people per electoral vote are... | The states with the fewest people per electoral vote, and therefore the highest “vote power,” are Wyoming, Vermont, and North Dakota. |
| In Wyoming, how many people for each of its three electoral votes are there? | In Wyoming, there are 143,000 people for each of its three electoral votes. |
| which states have the weakest electoral college votes? | The states with the weakest votes are New York, Florida, and California. These states each have around 500,000 people for each electoral vote.
In other words, one Wyoming voter has roughly the same vote power as four New York voters. |
| how do the allocation of electoral votes work? | Electoral votes are re-allocated to the states each decade to reflect population shifts, but every state is guaranteed three electoral votes before allocation kicks in, leaving the least populous states with the most disproportionate number of electoral votes and improving their vote power. That’s why the five states with the most vote power have only three electoral votes. |
| Soft Money | Money which is donated but couldn’t be regulated due to loopholes in the law. |
| Bipartisan campaign reform act 2002 | Banned soft-money donations to national parties.
Issues adverts could not be funded directly by unions or proportions.
Adverts mentioning candidates name can’t be shown within 60 days of election or 30 days of primary unless approved by candidate. |
| political action committee | is a group "organized for the purpose of raising and spending money to defeat and elect candidates." |
| There are two types of political action committees: | Separate segregated funds
Nonconnected committees |
| Separate segregated funds | political committees established by corporations, labor unions, membership organizations or trade associations. |
| Nonconnected committees | These committees "are not sponsored by or connected to any of the aforementioned entities and are free to solicit contributions from the general public." |
| super Political action committee | are independent expenditure-only political committees that may receive unlimited contributions from individuals, corporations, labor unions and other political action committees for the purpose of financing independent expenditures and other independent political activity. |
| ACLU
Who are they? | A constitutionalist group |
| ACLU: What do they aim to achieve? | To protect all rights of persons under the constitution and the bill of rights |
| ACLU: What have they achieved? | Stopped the … Act to protect those that Wilson believed to be Radicals. This was against the constitution.
1925 The scopes monkey trial; who fought the rights of a teacher who taught evolution.
1943 Hirabayashi v. The US; who fought for the rights of Asian-Americans who were imprisoned during WW2
1977 National Socialist Party of America V. Village of Skokie; protected the rights of Nazis to protest and parade within a largely Jewish neighbourhood.
The defence of marriage act – gay marriage
The Miranda Laws: makes police officers read the criminals their rights |
| ACLU: how do they achieve their aims? | Take cases to court
Have 300 staff and 2000 volunteers |
| AJC: who are they? | American jewish congress |
| AJC: when and why was it formed? | 1918; represented a "populist counterbalance to the American Jewish Committee (AJC), which was dominated by the wealthy and conservative German-Jewish establishment." |
| AJC: What does it stand for? | American Jews organized to defend Jewish interests at home and abroad through public policy advocacy |
| AJC: What has/ is it trying to achieve? | 1966, the AJCongress joined the New York Civil Liberties Union, the United Parents Associations, and the United Federation of Teachers in filing suit against provisions of the Federal Education Act, which would provide support to religious schools |
| AJC: tactics | diplomacy, legislation, and the courts. |
| What is an interest group? | Group of people, united by a cause, issue, policy or profession; aim of influencing policies and apply pressure.
Represents the rights of individuals or groups |
| What do interest groups try to achieve? | A change of policy or awareness around an issue |
| iron triangle | comprises the policy-making relationship among the congressional committees, the bureaucracy, and interest groups, as described in 1981 by Gordon Adams. |
| What is the difference between a PAC and an interest group? | Interest Group -- a group of people with common goals who organize to influence the government. Political Action Committee (PAC) -- An organization formed to collect money and provide financial support for political candidates. |
| Sectional groups | Represent their own group within society. Examples include National Automobile Dealers Association & American Association of Retired Persons |
| professional groups | A category of ‘sectional groups’ representing a certain job or career. Examples include American Medical Association or National Education Association. |
| causal groups | Groups that campaign on a particular issue or issues |
| Single interest groups | A type of causal group that is formed around one issue. Examples include National Rifle Association and Mothers against Drunk Driving. |
| policy groups | A type of causal group that has a set ideology or belief. Examples include American Civil Liberties Union and People for the American Way. |
| interest groups: good for democracy | Allow minority voices
Wide representation
Incentivise to politicians to follow minority voices
Without interest groups, people would be ignorant to many points
Specialised interests; research – benefits government: can be biased |
| interest groups: bad for democracy | Rule by the minority
Undemocratic
Incentivise to politicians to follow minority voices
Rich voices get heard more – wealthier groups are more influential than large groups
Specialised interests; research – benefits government: can be biased
Possibility for corruption
Hyper pluralism
Insider groups have more say than outside groups |
| Ways interest groups build following | Protests
Lobbying
Flyers
Voting
Membership
Fund raisers
Petition
Report cards |
| what does the NRA support | Promotes the 2 Amendment; oppose gun control |
| who is the NRA comprised of? | The democrats within the NRA largely back Bernie Sanders
Largely republican membership |
| NRA's saw within politics | 1960-80 tripled in membership: High profile
490 million on political campaigns; $30 on Trump in 2016
1st presidential candidate was Reagan in 1980
Allegations that the NRA placed members by polling stations during the 2019 election to intimidate Biden Supporters/ voters
Supreme court backs the constitution; wont vote against the NRA’s wishes |
| who are the libertarian party? | The party generally promotes a classical liberal platform (in contrast to the Democratic Party's modern liberalism and progressivism and the Republican Party's conservatism). |
| what does the libertarian party promote? | promotes civil liberties, non-interventionism, laissez-faire capitalism, and limiting the size and scope of government. |
| when and why was the libertarian party formed? | formed December 1971.
The founding of the party was prompted in part due to concerns about the Nixon administration, the Vietnam War, conscription, and the introduction of fiat money |
| what did Gary John say about the libertarian party? | Gary Johnson, the party's presidential nominee in 2012 and 2016, claims that the Libertarian Party is more culturally liberal than Democrats, and more fiscally conservative than Republicans. |
| what are the main policies of the libertarian party | Its fiscal policy positions include lowering taxes, abolishing the Internal Revenue Service (IRS), decreasing the national debt, allowing people to opt out of Social Security and eliminating the welfare state, in part by utilizing private charities. Its cultural policy positions include ending the prohibition of illegal drugs, advocating criminal justice reform,[15] supporting same-sex marriage, ending capital punishment and supporting gun ownership rights. |
| How influential are the libertarian party in US Politics? | Little to no power; the libertarian movement within the Republican party shares many beliefs with the 3rd party, so their electorate and views are represented. Many of the leaders of the Libertarian party were former Republicans, such as Ron Paul (Texas Congressman), Gary Johnson (New Mexico Governor) and Bob Barr (Georgia Congressman)
Their biggest success, and which they got the largest percentage of votes, was in 2016, when they got 3.27% of the vote. |
| Buckley v. Valeo – 1976 | legal case in which the U.S. Supreme Court on January 30, 1976, struck down provisions of the 1971 Federal Election Campaign Act that had imposed limits on various types of expenditures by or on behalf of candidates for federal office. |
| Buckley v. Valeo rulling | upheld FECA’s limits on contributions to individual candidates and on aggregate contributions to multiple candidates by persons, groups, and political action committees. |
| Citizens United v. Federal Election Commission – 2010 | Case in which the U.S. Supreme Court in January 2010, ruled (5–4) that laws that prevented corporations and unions from using their general treasury funds for independent “electioneering communications” (political advertising) violated the First Amendment’s guarantee of freedom of speech. |
| 2 party system | when 2 parties win at least 80% of the popular vote, or 90% of the seats |
| is it a 2 party state in the US... yes... | 2004, the 2 parties got 99% of the vote
No true independents; Sanders stands as a democrat in the primaries, so he’s aligning himself with the democratic party
Every president since 1853 has been either party |
| is it a 2 party state in the US... no... | ‘the us is a 2 party system with no party rule’ – there may literally be 2 parties, but within those parties, there is many different ideologies
In different states, party candidates run on different mandates: liberal republicans in California, conservative democrats in Alabama |
| is it a 2 party state in the US... no... | ‘the us is a 2 party system with no party rule’ – there may literally be 2 parties, but within those parties, there is many different ideologies
In different states, party candidates run on different mandates: liberal republicans in California, conservative democrats in Alabama |
| 1925 The scopes monkey trial | who fought the rights of a teacher who taught evolution. |
| 1943 Hirabayashi v. The US | who fought for the rights of Asian-Americans who were imprisoned during WW2 |
| 1977 National Socialist Party of America V. Village of Skokie | protected the rights of Nazis to protest and parade within a largely Jewish neighbourhood. |
| The defence of marriage act | gay marriage |
| The Miranda Laws | makes police officers read the criminals their rights |
| The Miranda Laws | makes police officers read the criminals their rights |
| 3 requirements to stand as president | - born on US soil
- age 35
- 14 years lived in the US |
| invisible primary | campaigning process pre-election |
| name of the meeting of a political party where a presidential nominee is selected | party convention |
| names of the party policies agreed at a party convention | party platform |
| how many votes do the fewest states have and why is that number chosen? | 3 - one for each representative to congress |
| federal funding | funds from the central government |
| blue dog democrats | conservative democrats |
| what can Separate segregated funds do? | These committees can only solicit contributions from individuals associated with connected or sponsoring organization. |
| example of presidents who lost before their 2nd term | George bush and Trump |
| Citizens United vs FEC 2010. | Federal Election Commission that held that corporations could be banned from making electioneering communications. The Court upheld the reporting and disclaimer requirements for independent expenditures and electioneering communications. |
| Citizens United vs FEC 2010. | Federal Election Commission that held that corporations could be banned from making electioneering communications. The Court upheld the reporting and disclaimer requirements for independent expenditures and electioneering communications. |
| Regan V. Mondale electoral vote | Regan (525) – Mondale (13) |
| Clinton V. Bush electoral vote | Clinton (370) – George bush (168) |
| George W. Bush V. Kerry electoral vote | George W Bush (286) – Kerry (251) |
| Incumbency positives… | Use office of president to highlight your positives
Concrete examples of positives you have enacted
Evidence of ow they can run a country (trump pointing to the economy on labour day)
Access to media; conferences
Voters who aren’t politically engaged know the incumbent is a safe bet – not going to get better, not going to get worse
Built a large following already – succeeded in an election already
High profile
Ahead of the game
United party behind you; Kamala Harris was aggressive towards Biden before his selection, calling him a racist and a sex offender |
| Incumbency negatives… | Already annoyed voters in their previous term (trump not having a plan for covid)
Unpopular policies would have smeared their reputation
Have they delivered on promises?
Their opponent is still untouched by inadequacy – can remain a symbol
Desire for change
Large opposition already
The media can work against the incumbent as they have a higher profile
May have already annoyed persons within his own party |
| Citizens United vs FEC 2010. | Federal Election Commission that held that corporations could be banned from making electioneering communications. The Court upheld the reporting and disclaimer requirements for independent expenditures and electioneering communications. |
| While the Founding Fathers wanted the public to have control over their government, what did they fear? | That the uneducated masses would not make the right decisions - in the original constitution they ensured that only the House of Representatives was directly elected by the people, with Senators being appointed by the state government. |
| What safety mechanism did the Founding Fathers insert into presidential elections? | Voters would choose a small group of people who would decide who the president is - electoral college |
| What election was introduced in the 1960s? | Primaries and caucuses, in which the public select which candidate will represent a party at elections - not part of the constitution, but has been created by internal party rules |
| The presidential elections, which do so much to determine the fate of America and the world, are... | compared to most modern democracies, long and controversial. |
| Explain primaries and caucuses. | - Candidates from the same party compete in a public vote
- There are separate contests for each state
- Each voter can only vote in one party's primary
- Candidates compete in a state to win delegates, party activists who agree to go to a convention to vote for a specific candidate |
| What happened in the 2016 Republican South Carolina primary? | Trump received 33% of vote, beating Rubio (22%), Cruz (22%), and Bush (8%) - in doing so, he got 100% of South Carolinas delegates. |
| How do both parties award delegates? | Republican primaries traditionally use a winner-takes-all system. Now some states use a proportional system.
Democratic primaries award delegates to candidates in proportion to their vote in that state. |
| What are the voting rules in caucus states? | - They hold a public meeting and a debate before voting (by standing in a particular group or raising hands)
- Here voting requires greater deliberation and effort
- Turnout tends to be much lower |
| What types of voters are caucuses more likely to attract? | More radical, active voters. |
| Which state use caucuses? | - Iowa
- Nevada
- North Dakota
- Wyoming
- Kentucky (Republican only) |
| What are the voting rules in open primary states? | they allow any voter to participate in either party's primary - so a voter can choose on the day to vote in the Republican or Democratic primary. |
| What a the voting rules in semi-closed primary states? | Allow voters to participate in a party's primary if they are registered as a supporter of that party or as an independent |
| In 2016, how many delegates were required to win for Republican and Democrat? | Democrat - 2,383 - 2.3 thousand
Republican - 1,237 - 1.2 thousand |
| What is the day when the largest collection of states hold primaries? | Super Tuesday. |
| What are the advantages of the primary causes process? | - Raises key issues - political education, competition between candidates tests policies, 'ideas factory', successful policies of losing candidates can be adopted by winning candidates
- Electability/proven candidates - Tests ability to raise funds, candidate more likely to win presidency, tests ability to overcome deficiencies
- Voter choice and democracy - especially true of open primary states, choice by social characteristic, increased participation, choice of competing poles within party |
| What are the disadvantages of the primary caucus process? | - Internal divides in parties - can reduce popularity, negative campaigning, exposes divisions, people can lose faith in candidate, big problem if only in one party has primary
- Timing - voting over an extended time, late states can be disenfranchised, early states influence late states
- Specific procedures - different rules for different states, creates low turnout and excludes certain voters, some states have dubious practices, such as non-binding elections |
| What are invisible primaries? | Happen before primary voting when candidates campaign to establish themselves as viable candidates to win the primary race - potential candidates try to gather support, gain recognition, raise funds and establish a core staff. |
| When does the invisible primary season increase in intensity? | As the first primary vote, which takes place in Iowa, gets closer - candidates with high funding and strong support are likely to be viewed as potential winners.
- This season usually leads to candidates dropping out because they lack funding or public support |
| What can announcing a presidential bid early enable a candidate to do? | 'Capture' the support of a party faction before another candidate has even declared - Cruz was the first Republican to declare - 9 months before the first primary and year and a half before the presidential election. |
| What do candidates tend to do in invisible primaries? | Spend a great deal of money, mainly on publicity campaigns, adding to the financial burden of running for the presidency. |
| Who do invisible primaries provide an opportunity for? | Lesser-known candidates to establish themselves as realistic challengers to perceived frontrunners - Obama in 2007, for example, who used solid performances in pre-voting debates to establish himself as the main rival to Hillary Clinton. |
| What are national party conventions? | They take place for each party in a presidential election year, usually lasting over three or four days - attended by delegates selected through the primary process. |
| Why has the role of party conventions, in determining who wins the nomination been lost? | Because of the creation of national primaries in 1968. |
| What significant roles do party conventions have? | - Selecting the presidential and VP candidates for the party - The rules of each party require that a candidate gains more than 50% of delegates - if no candidate achieves this, a brokered conventions take place requiring more rounds of voting
- Decide the policy platform - delegates debate and vote to determine the policy of the party - takes place over several days, allowing for detailed policy debate |
| What are the superficial roles of national conventions? | - To act as publicity for the candidate - the winner can sell their message to the public, often through attacks on the other party, stage-managed speeches by other politicians and endorsements by celebrities. They are often held in swing states
- To reunite the party after the divine primary process
- To rally party activists - they attended and watched by party activists who are crucial in helping a candidate win. They organise events, contact voters and raise funds. |
| What happened at the 2016 Republican National Convention? | - Many prominent Republicans didn't attend - Trump gained endorsements from some losing candidates
- Melania Trump gave a speech, but was accused of plagiarising a speech by Michelle Obama
- Ted Cruz's speech was remarkable as he used its to snub Trump - he urged voters to 'vote your conscience'
- Trumps final-night speech appealed to his populist base - spoke about immigration and his proposed wall at the Mexican border, terrorism and withdrawal from trade deals |
| What happened at the 2016 Democratic National Convention? | - A united convention with progressives such as Warren and Sanders giving highly supportive speeches
- Barack and Michelle Obama, and Bill Clinton gave speeches
- Sanders' team was given a role in drafting the party platform
- Some Sander supporters organised protests - accusing the DNC of bias against him in the primaries and planning of the convention
- Made use of music stars including Katy Perry and Lady Gaga
- Rule was changed to reduce the role of 'super delegates' - the Sanders team wanted them to be bound to public voting
- Clinton's final-night speech focused on her experience, judgement and compassion
- She prioritised job creation, appealing to Trump's key demographic support, climate change and college affordability |
| What does Article II of the constitution highlight? | The need for the president to be elected every four years using an electoral college process, with the electorate in all states voting on the same day - the Founding Fathers feared popular sovereignty, so they created the electoral college to act as a filter or check on public opinion |
| How does the electoral college system work? | - Each state has a value of electoral college votes, based on the number of Congresspersons plus the number of Senators (+2) - the 23rd Amendment gave D.C. three
- Candidates compete on a state-by-state basis
- All state use a winner-takes-all system - for Maine and Nebraska they use this, but two of their ECV are allocated to the winner of the whole state, and further ECV are awarded to the winner in each district
- To win the presidency, a candidate requires more than 50% of the electoral votes - 270 of 538
- The ECV number represents the number of electors who are selected |
| How do electors work? | - Most states require their delegates to vote according to state opinion, but 21 states make no such requirement |
| Why is the electoral college system in use? | - It's based on a respect for the principle of federalism, with voting taking place in each state and smaller states being protected, as they are over-represented by the allocation of ECV |
| What happens if no candidate wins an absolute majority in presidential elections? | - The Constitution states that it is up to the House of Representatives to choose the president
- Each state receives one vote
- Therefore the representatives of each state must first decide between themselves who they support, and then they would vote as one
- Thus, the winner would require 26 of 50 votes |
| Explain 'rogue' or 'faithless' electors. | - There are 21 states with no requirement that the electors follow public voting, so some delegates occasionally vote contrary to the wishes of the people
- This has happened in the majority of elections since 1960, although it has never changed a result
- In 2016, there were 7 rogue delegates - Clinton lost 5 - 3 of those went to Colin Powell, while Sanders and Faith Spotted Eagle received one each |
| What is meant by a party system? | Refers to the number of parties that have a realistic chance of forming a government within a political system. |
| Why is it easy to argue that the US is a two-party system? | - It can easily be seen in the dominance of the Democratic and Republican Parties at all levels
- All modern presidents have been Democrats or Republicans, and third parties typically have no seats in Congress
- The 2016 elections were entirely dominated by two parties
- There are only two parties in Congress - there are no third-party goveners |
| What success have third parties had through direct influence? | - The spoiler effect - In 2000, the Green Party candidate, Ralph Nader, may have prevented Al Gore from winning against Bush by taking votes away from him - Nader received 97,000 votes in Florida - Gore lost by 537
- Influencing the policy of the Democratic and Republican parties - while Ross Perot failed to win the presidency, his popular economic policy of a balanced budget was embraced by the Republicans and accepted by Bill Clinton - Perot's policy was successfully executed
- Infiltrating the 2 main parties, using primaries to gain prominence within a party - arguably, Trump is an example of a successful third-party candidate, using the Republican primaries to run under their banner, even though the Republican establishment opposed his bid |
| In the past 50 years of elections, where the incumbent is in the race, how many presidents have lost? | 4 - Ford, Carter, Bush, Trump |
| What would the history of US presidential elections suggest about incumbency? Why could this be? | That it is an advantage, it is not a cast-iron predictor of victory.
- This could be due to presidents sometimes exploiting powers of their office to increase there prospects for re-election
- Personality, character, personal history of candidates, ideology and policies are all influential - unexpected events can also tip it in favour of one candidate |
| What are the incumbency advantages? | Executive control and experience:
- Presidents can bring benefits to key groups and swing states or make popular policy shifts - 2011 - Obama announcing withdrawing troops from Afghanistan - and killing of Osama bin Laden
Name recognition and media attention:
- Can attract publicity and sell their message
- Rose Garden strategy - address the nation
Electoral resources and experience:
- An established campaign team with a proven track record
Lack of primary challenge |
| What are the limits to incumbency advantage? | Executive control and experience:
- Presidents are answerable to leadership failures - Obama over health care reform, for example - or the failing economy under George H.W. Bush
Name recognition and media attention:
- Others can exploit the media - TV debates allow challengers to impress on voters their advantages over a president - Reagan 1980 - "are you better than you were four years ago
Electoral resources and experience:
- Money doesn't guarantee success - Jeb Bush, raised record sums in 2016
- Popularity may raise more money
Primary challenge:
- Bush won a primary challenge in 1992, but lost the election - may give a challenger the opportunity to show political strength and to take media focus away from an incumbent |
| Where can expenditure, for campaign finance, come from? | Individuals, interest groups and businesses - also money spent by parties and candidates to try to ensure electoral victory - can also include expenditure by other organisations (such as corporations) that isn't donated to a candidate but is spent, usually in the form of publicity by that group to influence the outcome of elections. |
| What is money spent on by campaigns? | - Candidates raise large amounts of money in order to run an effective campaign, with most of this money being spent on advertising
- Money also spent on an expensive campaign team, including technology advice and support
- Without high levels of spending it is extremely difficult for a candidate to compete against other, better funded candidates |
| what happened in McCutcheon v FEC 2014? | The Supreme Court struck down limits on individual campaign contributions, ruling that federal limits on combined donations to candidates, parties and PACs were an unconstitutional infringement on free speech.
- Chief Justice John Roberts ruled that Congress 'may not... regulate contributions simply to reduce the amount of money in politics, or to restrict the political participation of some in order to enhance the relative influence of others' |
| Where does campaign finance go? | - National parties
- Presidential candidates
- Super PACs |
| What are the main concerns over the role of money in US elections? | - Excessive influence of major donors
- Secrecy surrounding who is donating and receiving cash
- Inequality of expenditure between candidates or parties |
| What are the two major 'campaign finance regulations' that have been passed to regulate money in elections? | - The Federal Election Campaign Act (1974)
- The Bipartisan Campaign Reform Act (known also by its sponsors, The McCain-Feingold Act) 2002 |
| What were the main impacts of the Federal Election Campaign Act (1974)? | - Legal limits on campaign contributions - private individual can only donate $2,700 and a group can only donate $5,000 to an individual candidate
- Creates a maximum expenditure limit for each candidate in the presidential election
- Requires candidates to disclose sources of campaign contributions and campaign expenditure
- Created federal funding of presidential and primary elections, which works on a matching funds basis - to quality a part must receive 5% or more of the vote in the previous election
- Created PACs (Political Actions Committees) |
| What flaws did the Federal Election Campaign Act (1974) have, which severely reduced the effectiveness of the regulations? | - Soft money
- Supreme Court - the 1st amendment undermined legislation
- The end of federal funding |
| What is soft money? | Donated (by interest groups or individuals) or spent (by parties or candidates) that could not be regulated under the law.
Loopholes allowed for continued donations or spending without regulations.
Business or interest groups spend money on campaign advertising for or against a candidate, without directly donating money to a candidate's campaign for example. |
| How did the Federal Election Campaign Act undermine the 1st amendment? | Limited freedom of expression using campaign finance |
| What was the impact of the end of federal funding, as a result of the Federal Election Campaign Act? | - Candidates became increasingly effective at raising money
- In 2000 George W. Bush raised more than the campaign limit (approximately $120 million) without using federal funds
- By rejecting these he wasn't constrained by campaign expenditure limits
- This made it much harder for Al Fore, who took matching funds, to compete
- 2004 - Bush repeated the feat against Kerry, who took matching funds
- 2012 - first election when neither candidate accepted matching funds; this was repeated in 2016 |
| What did the failures of the Federal Election Campaign Act lead to? | The creation of the Bipartisan Campaign Reform Act (2002). |
| What did the Bipartisan Campaign Reform Act (2002) do? | - Banned soft-money donations to national parties
- Said that soft-money donations to local parties could not be used to support federal candidates, but only for genuine party-building activists
- Said that issue adverts could not be funded by unions or corporations
- Said that issue adverts mentioning a candidate's names couldn't be shown within 60 days of an election, or 30 days of a primary, unless approved by one of the candidates, with money spent being covered covered by spending regulations |
| How have campaign finance laws had limited effectiveness? | - The ability of groups to find loopholes (soft money)
- The First Amendment and the ideological balance of the Supreme Court in striking down key provisions
- The lack of legislation on the issue, which occurs both because it is difficult to pass legislation through Congress and perhaps due to unwillingness for politicians to regulate themselves
- The difficulty in amending the Constitution to regulate elections, such as Sanders' failed 'Democracy for all' amendment - this would grant Congress the the ability to limit the raising and spending of money in campaigns for public office |
| How was the Bipartisan Campaign Reform Act 2002 dealt a major blow? | With the Citizens United v Federal Election Commission ruling in 2010 - this struck down key parts of the legislation
- The 5-4 ruling declared that the BCRA infringed 1st amendment rights |
| What did the Citizens United v Federal Election Commission ruling in 2010 give rise to? | - New organisations set up solely to influence electoral outcomes without directly working with or donating to a candidate - Super PACs |
| How did Super PACs work? | - They raise funds from individual and group donors and spend this mainly on campaign advertising, without any campaign finance restrictions
- They are typically created to support a particular presidential candidate
- Since the 2010 mid-term elections, campaigns have been dominated by these organisations |
| What did Opensecrets.org report with regards to how many Super PACs there were? | That by 2016 there were 2398 Super PACs, raising over $1.5 billion during that year's elections |
| Give some examples of Super PACs in 2016. | - Priorities USA Action - supporting Hillary Clinton - over $130m
- Right to Rise - supporting Jeb Bush - over $85m
- Rebuilding America Now - supporting Trump - almost $20m
- Conservative Solutions - supporting Marco Rubio - $55m |
