- The most obvious example of second-order politics in the American system is the judiciary, and especially the Supreme Court. Until the Obergefell decision in 2015, for example, the American people were engaging in a free-flowing debate about same-sex marriage, with some people in favor of allowing it and others opposed, and public opinion shifting rapidly in the "pro" direction. That was politics conducted on the first level. But then the Supreme Court stepped in to declare gay marriage a constitutional right. That was second-order politics in action: Suddenly the rules were changed, with the "pro" side summarily declared the winner throughout the nation and the "anti" side driven — and permanently excluded — from the political battlefield going forward.