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Tema 64 Las instituciones estadounidenses. La constitución. La organización territorial.El presidente. El congreso. Los partidos políticos y el sistema electoral. Madhatter Wylder 10/06/2009
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US
Ta
1.
2.
Bi
Su
SA: La constituc
able of con
Political In1.1. Historic
1.2. The con1.2.1. Fede1.2.2. The 1.2.3. Che1.2.4. Con
1.3. The pol1.3.1. Diff
1.4. The leg1.4.1. Diff1.4.2. Pow1.1.3. Sum1.4.4. The 1.4.5. How1.4.6. Con
1.5. The exe1.5.1. Qua1.5.2. Pres1.5.3. Sum1.5.3. Sum
State and l2.1. The Pla
2.2. The Str2.2.1. Para2.2.2. Diff2.2.3. Sum
ibliography _
ummary ___
ción, la organiza
tents.
nstitutions. _cal origins:
nstitutional eralism. _____separation ofck and balanc
nstitutional cha
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ecutive branalifications forsidential electi
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mmary. ______
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ación territorial,
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nch. ______een the chambions of congre
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nch. ______r and powers oions. _______
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nment. ____Governmen
tate Governs. __________res. ____________________
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Topic 64 el presidente, e
__________tution. ____
. _________________________________________________________
___________s. __________
___________bers. _______ess. ________________________________________________________
___________of the presiden____________________________________
__________nt in Americ
nment. ________________________________________
__________
__________
el congreso, los
_____________________
___________________________________________________________
_______________________
___________________________________________________________________________________
___________ncy. ____________________________________________
__________can Federali
_______________________________________________
__________
__________
partidos polític
_____________________
___________________________________________________________
_______________________
___________________________________________________________________________________
___________________________________________________________
__________ism. _______
_______________________________________________
__________
__________
os y el sistema
Iván Mat
____________________
__________________________________________________________
______________________
__________________________________________________________________________________
__________________________________________________________
____________________
______________________________________________
__________
__________
electoral.
tellanes’ Notes
2
_____ 3 ______ 3 ______ 4 ______ 5 ______ 5 ______ 6 ______ 6
______ 7 ______ 8
______ 9 ______ 9 _____ 10 _____ 11 _____ 12 _____ 12 _____ 13
_____ 14 _____ 15 _____ 17 _____ 18 _____ 19 ____ 19 _____ 19 _____ 20 _____ 20 _____ 21 _____ 22 ____ 22
____ 23
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
3
1. Political Institutions. Stable political institutions have been particularly important in a nation of
immigrants. Today, the US holds several records for political stability and
longevity. It has the oldest functioning democracy, the world’s oldest
written constitution and political party (The Democratic Party). But much
has changed in America since 1776. The constitutional framework from
1787 has endured because it has been open enough to assimilate
several important extra constitutional elements.
1.1. Historical origins: The Constitution. The British authorities initially allowed the American colonists in New
England and Virginia to create political institutions with little outside
interference. This tradition of self-government inspired the
Independence Movement; formed the foundation of the State
constitutions; and served as the model on which the Federal
government was created.
In the first glow of Independence, most American opposed a
strong central government, which they identified with British
oppression. The ancestor to the US constitution (The ARTICLES OF THE
CONFEDERATION), established a free league of Independent States under a
very weak central government. With no executive or judicial branch,
the National government consisted only of a one-house legislature that lack
financial, diplomatic and military power.
By the later 1780s, the chaotic condition of the country’s economy
and international relations made members of the merchant classes
support affords to establish a stronger central government
(FEDERALISTS). Federalists agreed with the constitution drafted in
Philadelphia in 1787. The 13 original states ratified the Constitution on
the understanding that 10 Amendments, including many Antifederalists
demands, were added. The first session of the Congress formally proposed
these 10, later known as the BILL OF RIGHTS, and the states ratified them in
1791.
POLITICAL INSTITUTIONS.
Constitutional framework from 1787 has endured because it has been open enough to assimilate several important extra constitutional elements.
Historical Origins.
British authorities allowed to create political institutions with little outside interference. Tradition of SELF-GOVERNMENT.
Independence Mov.
State Constitutions.
Federal Government.
Most American opposed a strong central government.
ARTICLES OF THE CONFEDERATION:.
No executive/judicial branch
One-house legislature.
Lack financial, diplomatic and military power.
FEDERALISTS. Chaotic country’s economy & international relations made members of the merchant classes force a stronger central government.
A constitution drafted in Philadelphia in 1787.
BILL OF RIGHTS: 13 original states ratified the Constitution on the understanding that 10 Amendments, including many ANTIFEDERALISTS demands, were added.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
4
The 1787 Constitution returned to the colonial tradition of a
government with three branches (legislative, executive and judicial).
The different branches were obliged to co-operate in order to govern. The
free confederation became a National Federation in which the government
was given specific powers to remedy the weakness of the Articles, though
the states sovereignty was guaranteed by the constitution and the
10th Amendment.
In addition, three main compromises were necessary to gain
approval from the states.
The first compromise was to balance the representation of small and
large states in the two chambers of the congress. In the HOUSE OF
REPRESENTATIVES (=HR), the number of seats per state is proportional to
the population. In the SENATE, every State was given two seats.
The Second was necessary to patch over conflicts btw North & South. The
HR was dependent on population, so, for southern states, it was
essential to determine how to count the people in each state. Native
Americans were not a problem, as they were considered members of a
foreign nation. Slaves was another matter. In the South, they made up
1/3 of the total population (in the North slavery was almost abolished). The
compromised stated that 3/5 of the slaves would count for
representation in the House.
The Third is an economic compromise permitting the Congress to tax
imports but not exports.
1.2. The constitutional framework. 4/5 of the original text remains formally unchanged and only 17
amendments have been added after the BILL OF RIGHTS. The changes in
the American constitution have been very few. They have come largely
through formal amendments, judicial review and gradual evolutionary processes.
Before discussing these changes, it is important to understand the enduring
elements of the US constitution.
The Constitution:
Returned to the colonial tradition of a three branched government.
Federal government is given specific powers.
States sovereignty was guaranteed by the constitution and the 10th Amendment.
Three main compromises were necessary to gain approval from the states:
1. Small & large states balanced representation in the two chambers of the congress.
House of Representatives seats proportional to the population.
Senate every state has two sits.
2. North-South conflict: Determine how to count the people in each state.
Natives = foreigners.
Slaves 1/3 of southern population.
3/5 of the slaves would count for representation in the HR.
3. Economic compromise permitting the Congress to tax imports but not exports.
The constitutional framework
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
5
1.2.1. Federalism. The US has a hierarchy of law and the federal constitution is the
supreme legal authority to which all other law must conform. The
States’ Laws must obey the rules of the State constitutions, and the
States’ legal structures must not contradict the US constitution. This
hierarchy of law led the federal Supreme Court to assume the role of final
interpreter of the US Constitution.
The constitution establishes the principle of federalism as
fundamental to American government through the concepts of
“reserved” and “delegated” powers in the 10th Amendment, which
confirms that the powers not delegated to the Federal government
were reserved to the States or the people. These concepts indicate a
political union in which the governing power is shared btw the
National Government and the states.
The three most important delegated powers to the Federal
government are: The powers to tax & spend for the general benefit, to
regulate international & interstate commerce & to declare war.
The provisions for amending the federal Constitution also stress
the federal principle. Amendments can be proposed by 2/3 majorities in
Congress (both the HR and the Senate) or by a constitutional convention
called by 2/3 of the states.
1.2.2. The separation of powers. Articles I to III of the Constitution create a federal government with
three branches: The legislative (Congress: HR & Senate); the executive
(The President) and the judiciary (The US supreme court and other federal
courts). In this NON-PARLIAMENTARY SYSTEM1, no person may serve in more
than one of the branches at the same time. Thus, the President and the
head of the executive departments, as well as federal judges, are
constitutionally banned from sitting in the Congress.
1 In a Parliamentary system, the legislative and the executive powers are elected at the same time, with the same votes. So, the president of the executive is always the head of the leading party in the legislative chamber. That means that there is not really a separation of powers. This does not occur in the USA.
FEDERALISM.
Federal Constitution.
Supreme Court
States’ Constitution.
Law.
Interpret
obey
Cannot contradict
HIER
AR
CH
Y OF LA
W.
Political union in which the governing power is shared btw the National Government & the states.
“Reserved” & “delegated” powers in the 10th Amendment.
The powers not DELEGATED to the Federal government were reserved to the States.
3 most imp DELEGATEDpowers to the Federal government:
Tax & spend for the general benefit.
Regulate international & interstate commerce.
Declare war.
Amending the federal Constitution:
2/3 in the Congress.
Constitutional convention called by 2/3 of the states.
SEPARATION OF POWERS:
Federal government with 3 branches.
Legislative, executive & judiciary.
NON-PARLIAMENTARY SYSTEM.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
6
The separation of powers is institutionalized in other ways as well.
Representatives, Senators and the President are elected through
independent elections which do not all occur at the same time. Every
4th year the electors for the President, one-third of the senators & all of the
representatives are elected at the same time; but the PRESIDENT serves a
fixed term of 4 years, the SENATOR 6 years & the REPRESENTATIVE 2 years.
In the mid-term contest 2 years later, another third of the senators & all the
representatives are elected. One consequence of this organization is that the
president and that senators elected together never run together again
for the re-elections to their offices. Another importance consequence is
that one or both of the Houses of congress are often controlled by one
major party while the presidency is held by the other.
1.2.3. Check and balances. The branches must also share power through a system of checks
and balances. Federal judges, including the justices of the Supreme Court,
are nominated by the President, but their appointment must be confirmed
by the Senate. Treaties negotiated by the executive branch and the
President’s candidates for other high federal offices must also win
senatorial approval. The president can veto laws passed by the Congress,
but that veto can be overridden by 2/3 majorities in both chambers.
Bills must pass both the Senate and the HR. Finally, the Congress can
remove members of the executive and judicial branches from office
through IMPEACHMENT procedures. The Representatives decide whether a
public official is to be tried and defines the charges and the Senate acts as
judge & jury.
1.2.4. Constitutional change. Important changes in the constitutional framework have come
through both formal and informal means. That is, through the
Amendment process as well as through evolving customs. Amendments
have generally improved federal power, while reducing states’, and have
democratized participation in government.
Representatives, Senators & the President are elected through independent elections which do not all occur at the same time.
Presi: 4 years.
Senator: 6 years.
Representative: 2 years.
Consequences:
President & senators elected together never run together again for the re-elections to their offices.
One or both of the Housesof congress are often controlled by one party while the presidency is held by the other.
CHECK & BALANCES:
Federal judges are nominated by the Presi & confirmed by the Senate.
Treaties negotiated by theexecutive branch & Presi’s candidates for other high federal officesneed Senate approval.
Presi can veto a law which can be overridden by 2/3 in both chambers.
Bills must pass both chambers.
Congress can remove executive & judicial members: IMPEACHMENT.
REPRESENTATIVES decide whether a public official is to be tried & defines the charges.
SENATE acts as judge & jury.
CONSTITUTIONAL CHANGE:
Formal: AMENDMENTS. Improve federal power & democratized participation in government Informal: EVOLVING CUSTOMS: political parties, Primary elections, Committee system and Executive office of the President …
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
7
Improve federal power Democratize participation in government 13th → Abolish slavery. C
IVIL
WA
R
14th → Former slaves become US citizen. 15th → Male slaves right to vote. 16th → Gave the Federal government much grater Federal power. Right to tax incomes.
17th → US Senators by popular vote 19th → Women can vote
26th → lowered the voting age the 18
The informally achieved changes in American constitutionalism (without
amendment process) have been even more important. Among these are:
political parties, Primary elections, Committee system, Executive
office of the President & the Supreme Court’s power of judicial review.
1.3. The political Parties. The Founding fathers viewed political parties as factions
(dangerous groups because they pursue narrow private interests rather than a
common good). They therefore tried to design a constitutional system that
was meant to keep factions divided so that no one of them could gain
significant power. Ironically, parties emerged almost immediately, and it
can be argued that the Constitution was one cause of their appearance.
The Founders set up a system that encourages two parties, rather
than no parties. Only one person is elected from each electoral system and
that person needs only a plurality (more votes than any other candidate) to win
the election.
The party system possesses 3 main features:
- The national & state parties are much decentralised. National
party institutions do not exercise a strict control over State
parties, nor do State parties always work enthusiastically for the
presidential candidate. The primary system highlights decentralisation
by weakening the control over the nomination processes of
party organisations.
- American parties are non-ideological. Although the US is an
industrial nation, there is no major socialist or labour party.
- Owing to the decentralised, electioneering & non-ideological character of
the parties, the policy decisions of government are determined
much less by intra-party politics.
The political parties.
FOUNDING FATHERS viewedpolitical parties as factions & designed a system that was meant tokeep them divided.
Ironically, Constitution was one cause of parties’appearance.
Founders set up a system that encourages two parties, rather than no parties.
3 main features:
National & state parties are much decentralized.
American parties are non-ideological.
Policy decisions of government are determined much less by intra-party politics.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
8
1.3.1. Differences between the parties. There are two main parties in the USA common politic life: The
DEMOCRATS & the REPUBLICANS. Traditionally, Republicans consider
themselves much more conservative than Democrats. If we bear in mind
that left-winged parties are not very popular in the USA, we clearly have
two right-winged parties from which one is more conservative than the other.
Each party has liberal & conservative wings. However, the ideological
basis of the REPUBLICAN PARTY is further to the right. Since 1930 this has
meant that Republicans have tended to be the party of small government,
minimum regulation of business, low taxes and private solutions to
poverty & social problems. DEMOCRATS, on the other hand, have been more
sympathetic to government intervention in the economy, the creation of
a public social safety net, and the union movement. Democrats have also
favored civil rights and affirmative action programs for minorities, gun
control, and unrestricted abortion rights.
A range of economic and social indicators also show differences in
the groups that identify with the major parties. DEMOCRATS tend to have lower
incomes, be less educated, have less prestigious occupations, and be
more urban than REPUBLICANS. They are also more often members of racial
minority groups.
Until recently, major North-American parties were distinguishable
by their strength in different regions of the Nation. In the Decades after
the Civil War, the South blamed Lincoln’s Party (Republican) for the
war and so voted almost exclusively to the Democrats. The rest of the
Nation tended to be heavily republican. Btw 1890s and 1930s this
regional division gradually disappeared. Roosevelt complicated this
picture, because he forged a national majority by appealing to both the
white supremacy South and the urban multi-ethnic North. From 1932
until 1968, Democrats were conservative in the South but often Liberal
in other regions of the country. Btw 1968 to the mid-1990s, the
Conservative White Southerners have increasingly voted Republican
and the liberal Northerners Democrat.
DIFFERENCES BTW THE PARTIES:
REPUBLICAN PARTY.
DEMOCRAT PARTY.
Left-winged parties are not very popular.
Ideological basis:
REPUBLICANS: Further to the right.
Minimum regulation of business.
Low taxes.
Private solutions to poverty & social prblems.
DEMOCRATS: Government interventionin the economy.
Creation of a public social safety net.
Union movement.
Action programs for minorities.
Gun control.
Unrestricted abortion rights.
Economic & social indicators:
Lower incomes.
Less educated & prestigious occupations.
More urban.
Members of racial minority groups.
DEM
OC
RA
TS:
History of division:
After the civil War: South → Democrats; North → Republicans.
1890s - 1930s: Regionally division gradually disappear.
1968 – mid-1990s: Conservative Southernershave increasingly voted Republican & the liberal Northerners Democrat.
1932 - 1968: Roosevelt. DEMOCRATS: conservative in the South & Liberal in other regions.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
9
1.4. The legislative branch. Congress has 535 members (100 Senators in the US Senate and
435 Representatives in the US House of Representatives). During the crisis
decades of the Cold War, it was claimed that the President was more
important than Congress because of the executive capacity for quick
action. However, the Congress has attempted to reassert its authority over
the nation’s military involvements & international commerce since the 1970s.
1.4.1. Differences between the chambers. While the chambers of Congress are in theory equally powerful, there are
several significant differences in their membership, organization and
practices. As originally intended, the HR continues to respond more quickly
than the Senate to the electorate’s mood. Elections every two years in
smaller geographical units allow Representatives to more closely reflect
the current views of local voters than do SENATORS, who serve six-year
terms and represent whole states.
There are constitutional differences btw the chambers as well. To
qualify for a seat in the SENATE, a person must be 30yo, a citizen for nine
years, and a resident of the State where elected. REPRESENTATIVES must be
25yo, seven years of citizenship and a resident of his/her district.
Size is the constitutional difference that has the most important
effects on the differences btw the chambers. Because of its much greater
size, the HR must regulate its business. The SPEAKER of the HR and RULES
COMMITTEE are given considerable power to schedule the work of the
chamber, limit debate and restrict amendments to a bill from the floor.
The SPEAKER also influences the assignment of members & bills to
committees, decides which bills are brought up for a vote and has total
power over who speaks during a debate. The SPEAKER is chosen by the
majority party. The majority party also elects a MAJORITY LEADER as the
SPEAKER’s next in command & a WHIP to help collect votes.
The smaller SENATE has much more relaxed procedures and no person with
power comparable to the Speakers’. The constitution appoints the Vice-
President as the president of the Senate and requires the Senators to
The legislative branch.
DIFFERENCES BTW THE CHAMBERS:
HR reflects the current views of local voters.
HR: Elections every 2 years.
Small geographical units.
Senate: Elections every 6 years.
Represent whole States.
Constitutional differences:
HR: 25yo, Citizen for +seven years Resident of his/her district.
Senate: 30yo, Citizen for +nine years, Resident of the State
Size is the constitutional diff that has the most imp effects on the diffs btw chambers.
HR must regulate its time
SPEAKER:Influences the assignment members to committees; Decides which bills are brought up for a vote; Power over who speaks.
Chosen by the majority party.
Majority party also elects a MAJORITY LEADER as the SPEAKER’s next in command & a WHIP to help collect votes.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
10
elect a temporary president in the Vice-President’s absence. Most
members usually find that position so powerless that it is given to the junior
Senator. The real leader is the Majority Party Leader, but even he has no
formal power to limit debate or amendments. Members can therefore
engage in a FILIBUSTER (an attempt to defeat a bill by debating until its
supporters withdraw it so that other business can be finished). Only if
60 members vote for “cloture”, which limits speeches to an hour, can
filibuster be stopped. In fact, filibusters seldom occur. When they do, it signals
an issue so important that Senators are unable to compromise.
1.4.2. Powers and functions of congress. Article I, Section 1 of the Constitution grants Congress “all legislative
powers” in the federal government. Only Congress can make laws and
has the power to write whatever laws are needed to put the rest of the
Constitution into operation. The President, interested groups and
individuals may want laws passed by the Congress, but only if they
can convince a member of each chamber to introduce their proposals.
However, lawmaking is only the best known of legislative branch’s duties.
Members are truly representatives of their constituencies (=electoral
districts) and much of their work involves “casework” (groups’ or voters’
complains of their constituency). It can make the federal budget. No federal
funds can be raised, allocated or spent without its approval and direction.
Congress also has the constitutional authority to regulate foreign and
interstate commerce. Congress alone has the power to raise, finance and
regulate military forces and to declare war. Finally, the Congress, not the
President, establishes the executive departments & agencies that compose
the executive branch.
SENATE does not have such problems.
No one w/power comparable to the Speaker.
Vice-President as the president of the Senate.
Junior senator is the temporary president.
Real leader → MAJORITY PARTY LEADER.
No formal power to limit debate or amendments.
FILIBUSTER: attempt to stopa bill by debating until its supporters withdraw it.
POWERS & FNS OF THE CHAMBERS:
Congress can make laws.
HR Members are truly representatives of their constituencies.
Make the federal budget.
Regulate foreign & interstate commerce.
Raise, finance & regulatemilitary forces and to declare war.Establishes the executive departments & agencies that compose the executive branch.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
11
1.1.3. Summary SENATE HOUSE OF REPRESENTATIVES
Elections every 6 years, 1/3 every 2 years.
Elections every 2 years
Represent whole States
Represent small geographical units (=district)
Age: minimum 30yo
Age: Minimum 25yo
US Citizen for +9 years
US Citizen for +7 years
Resident in the State
Resident in the district.
TEMPORARY PRESIDENT: (Junior senator) Powerless position. Vice-President is the former president.
SPEAKER: (≈President)Assignment of members to committees. Decides which bills are brought up for a vote. Power over who speaks.
MAJORITY LEADER: (real leader) No power to limit debates or amendments.
MAJORITY LEADER: SPEAKER’s next in command
Representatives of their constituencies
Representatives of their States
The Senate elects the Vice-president in similar circumstances.
The HR elects the President if no candidate receives a majority of electoral college votes.
The house enjoys “The sole power of impeachment”
The senate is assigned “the sole power to try all impeachment”
In Other words, The HR decides whether a public official is to be tried and defines the charges and it is the Senate which acts as judge & jury.
The most important administrative appointments need senatorial approval (Judges from the Supreme court, ambassadors, consuls …)
Establishes the executive departments & agencies that compose the executive branch
The 3 main Fns of the senate: 1. Advisory council to the president. 2. Protection to the smaller States. 3. A conservative check on the popularity elected house.
The 2 chambers possess essentially equal constitutional powers in the legislative process. Bills must originate in the HR, but all bills must pass both houses in order to be send to the president for his approval. They have the “power of purse” → make the Federal Budget. Congress also has the constitutional authority to regulate foreign and interstate commerce. Congress alone has the power to raise, finance and regulate military forces and to declare war. The Congress establishes the executive departments & agencies that compose the executive branch.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
12
1.4.4. The committee system. Congress does most of its work in committees, in which individual
members gain the expertise & power to make their mark on public policy.
Committees are an indispensable tool for the division of labor. The
committee system assigns members to specific legislative work; the
supervision of executive departments/agencies; and in the case of some
SENATE committees, the job of questioning the President nominees for
high office.
Naturally, members do their best for assignments on committees
whose work is of the greatest concern to their states or congressional
districts. The most senior member has been traditionally given the
chairmanship of the committee and through this position has exercised
considerable control to “kill” a proposal. Since 1970s, chairman has been
chosen through secret ballot.
1.4.5. How a bill becomes an act. Bills can be introduced only in one chamber first or in both
simultaneously. The steps in the law making process are similar in both
chambers. After its introduction, the bill is referred to a committee which
usually refers it to a sub-committee. There members expose their own
views and reports from experts and lobbyist (=”grupos de información”) are also
heard. Once a text has been written and revised, it is returned to the
committee, which revises it again before sending it to the chamber for
debate.
Most bills die in committee or subcommittee because they were
introduced only to publicize a member’s willingness to “do something”
about an issue. If a bill is passed in both chambers simultaneously, the
final texts are usually different. In that case a conference committee
composed of members from both chambers produces a compromised
text of the bill for final vote in the HR and the Senate. If the bill passes,
it is sent to the President, who may sign or veto it.
COMMITTEE SYSTEM:
Congress does most of itswork in committees.
Assigns members to specific legislative work.
Supervision of executive departments/agencies.
Questioning the President nominees for high office.
Members do their best for assignments on committees whose work is concern to their states or congressional districts.Traditionally, the senior member has been the committee’s chairmanship.
Now, secret ballot.
BILL → ACT:
Bill introduction: -One chamber first. -Both at the same time.
Committee.
Sub-Committee:Members expose views; Reports from experts; lobbyist. Write and revise text.
Committee:Revise text.
Chamber for debate.
President’s signature or veto.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
13
1.4.6. Congressional elections. Elections for Congress take place in two diff SUBDIVISIONS OF THE NATION:
Congressional districts, each of which chooses one member of the HR,
and States, each of which selects two members of the Senate.
Congressional elections take place every two years, when all members
of the HR and 1/3 of the Senate face re-election.
The HR expanded as new states entered the Union and their population
grew. In 1929 the size of the House was fixed at 435 (+3 additional non-
voting delegates from Columbia). Since then, the seats have been divided
among the states according to the population by a process called
REAPPORTIONMENT after every 10 year federal census. The Constitution
guarantees each state a minimum of 1 representative. The number any
state has above this minimum depends on how large its population is
compared to that of the other States. Since the size of the HR is constant,
States with declining population loose seats and those with growing population
gain seats. The 1962 Supreme Court ruling Baker vs. Carr required that
REAPPORTIONMENT followed the one-man-one-vote principle by creating
congressional districts with equal populations (≈ 530,000 people)
The 50 two-member constituencies for the US SENATE are the major
exception to the basic principle of single-member electoral districts in
US politics. In practice, even these constituencies function as one-
member districts because, only one of a State’s two Senators is
elected in an electoral year, unless unusual circumstances (death or sudden
retirement).
One key to understand the nature of Congress lies in remembering that
the US does not have a parliamentary form of government. In a
Parliament, the Prime Minister is usually the leader of the Majority party in the
legislature after a general election. Members of a Parliament are kept in line
with their party’s policies because otherwise can result in defeat of the sitting
government. In that kind of system, members owe their seats to political
parties and voters choose btw parties rather than personalities.
THE CONGRESSIONAL ELECTIONS:
Subdivisions of the Nation:
Districts: 1 HR. All members every 2 years.
States: 2 Senators. Every 2 years 1/3 Senators.
House Representatives:
HR expanded as new states entered the Union.
In 1929 the size of the House was fixed at 435.
REAPPORTIONMENT: Seats have been divided among the states according to their population.
Minimum of 1 representative.
Supreme Court’s Baker vs. Carr (1962): REAPPORTIONMENT must follow the one-man-one-vote principle. Congressional districts w/equal populations (530,000).
Constituencies function as one-member districts because, only one of the two Senators is elected in an electoral year.
Senate:
+3 additional non-voting delegates from Columbia.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
14
In the US, the Congress does not choose the chief executive. Its
members can vote without fear that government will fall if they do not support
their party on important issues. This means that they can give their first
loyalty to their State or congressional district, rather than to the party
or chief executive. Members of Congress owe their seats to elections,
in which their personalities are more important than party labels. In fact,
parties cannot even control who enters congressional elections. Most
candidates organize their own campaign staff and cover cost of running for
office through their own fund-raising activities. The party may be one of several
sources of support.
To run for a seat in Congress, a person must usually win a primary
election first. Two or more candidates compete in a primary. They may
propose themselves or be recruited by the party. State law often requires
people to document their seriousness by collecting a certain number of
signatures supporting their candidacy before their names are put in the
primary ballot.
1.5. The executive branch. Some 3,000,000 people work in this largest branch of the federal
government. The degree of control that the President has over the departments,
independent agencies and government corporations that make up the federal
bureaucracy depends on the arrangements set up by the Congress. Over a 99%
of executive branch employees are not chosen by the President. He
nominates the highest officials in the executive branch, who lead the
departments, the chief administrators of agencies & commissions, the
officers of US embassies … His appointments to these offices must be
approved by the Senate. Only roughly 2,000 positions in the Executive
Office are filled without congressional approval.
The way to the Congress:
Members of the Congress are loyal to their State or congressional district, rather than to the party or chief executive.
Parties cannot even control who enters congressional elections.
3,000,000 people work in this largest branch.
They can propose themselves or be recruited by the party.
Collect a certain nº of signatures supporting one’s candidacy.
The executive Branch.
Over a 99% of executive branch employees are not chosen by the Presi.
Must be approved by theSenate: Highest officials in the executive branch; Chief administrators of agencies & commissions; Officers of US embassies.
Roughly 2,000 positions are filled without congressional approval.
For a seat, a candidate must usually win a primary election first.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
15
1.5.1. Qualifications for and powers of the presidency. The President must be a natural-born USA citizen, at least 35yo,
and have been a resident of the US at least 14 years. He is more
independent than many chief executive officers of most democratic
governments because he is elected separately from the Congress and
cannot be removed from office by a vote of non-confidence like Prime
Ministers.
The price of his independency is: Having no guarantee of
majorities in the Cambers of Congress; the difficulties of lobbying for
support in an institution of which he is not member; and the limits put
on his powers by the system of checks and balances. However, the Chief
executive is the only official elected by a vote of citizens in all the States,
so that they usually claim to be the sole politician who serves the interests
of the whole nation.
Presidential duties are either stipulated in the Constitution,
delegated to him by the Congress or as a result of circumstances.
His most important extra-constitutional responsibilities are acting
as chief of State and Party leader. The President becomes the Nation’s
representative on State occasions, because the Constitution provides no
other office for that purpose.
The President’s military power is one of several factors that strengthened
his position as foreign policy leader. This is the area where the executive
branch has mostly developed a dominant position. Presidents have learnt to
“avoid” the constitutional clauses that require approval by 2/3 of the
Senate for ratification of a treaty and simple majority for confirmation of
diplomatic appointments. The NATIONAL SECURITY ADVISER, who owes his
position solely to the President’s choice, has become most President’s main
adviser in formulating foreign policy. In addition, the President has at his
disposal four major organizations to support his conduct of foreign
affairs: The DEPARTMENT OF STATE, the DEFENSE DEPARTMENT, the CIA, and the
NATIONAL SECURITY COUNCIL.
QUALIFICATIONS FOR & POWERS OF THE PRESIDENCY:
Natural-born USA citizen.
At least 35yo.
Resident of the US at least 14 years.
He is independent.
Elected separately from the Congress & cannot be removed from office like PMs.
Price of independency.
No guarantee of majorities in the
Diff of lobbying in an institution of which he is not member.
Limits his powers by the sys of checks & balances.
Presidential duties: Circumstances.
Act as chief of State and Party leader.
Foreign policy leader.
2/3 approval of the Senate for ratification of a treaty and simple majority for confirmation of diplomatic appointments.
NATIONAL SECURITY ADVISER: President’s main adviser in foreign policy.
Four organizations supporthis foreign affairs policy:
- The Department of State; - The Defense department, - The CIA; - The National Security Council.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
16
The office’s constitutional powers are the result of interpreting the
rather vague phrases in the Constitution. He is the administrative head
of the Nation because the Constitution states that the “executive power must
be vested in the President”. So, he is required to see that the laws are
carried out. However, this has been broadly interpreted and has enable
Presidents to break a strike or sent troops to integrate a public school.
The Constitution names the President as commander-in-chief, making him
the highest ranking officer in the armed services, but gives Congress
the power to declare War. The Founders’ attempt to give the Congress
control over the executive’s military power was not enough and Congress
passed in 1973 the War Powers Act (Congressional approval for the
deployment of US troops abroad within specified time limits)
The President’s role as legislative leader develop partly from Constitutional
clauses requires him to inform the Congress about the STATE OF THE UNION
and to suggest the measures he considers necessary. The President did
not usually set the legislative agenda until the 20th Century.
If the President is effective as legislative initiator and lobbyist, he has less need
of his veto power. He can refuse to approve a bill in 2 different ways: by
sending a veto message that explains his objections or by not signing a
bill that comes 10 days before the adjournment of Congress (POCKET
VETO). The President’s veto power is limited. Congress may override it and
the President can not reject some parts of the bill while accepting others.
In 1921, Congress weakened its monopoly on the “power of the Purse”
by the BUDGET AND ACCOUNTING ACT, which delegated to the President the
power to screen the budget proposals of the executive branch
departments and agencies.
Presidential duties: Constitutional.
Result of interpreting the rather vague phrases in the Constitution.
Administrative head: See that the laws are carried out.
Commander-in-chief: Highest ranking officer.
Congress has the power to declare War.
1973 the WAR POWERS ACT: Need of Congress approval for the deployment of US troops abroad within specified time limits.
President as legislative leader.
Informs the Congress about the State of the Union & suggests necessary actions.
Presidential duties: delegated by Congress.
BUDGET AND ACCOUNTING ACT: Delegates to the Presi the power to screen the budget proposals of the executive branch departments & agencies.
Veto Power.
Veto message that explains his objections.
POCKET VETO: not signing a bill that comes 10 days before the adjournment of Congress.
Congress may override the veto & the President can not reject some parts of thebill while accepting others.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
17
1.5.2. Presidential elections. Electing the President is long and complicated. This is a 3-STAGE
INDIRECT PROCESS that lasts about 8 months:
From February to June of the Presidential election year the States narrow
the field of candidates to one from each major party. Most states use
presidential primaries for this purpose, but a few hold party meetings called
presidential caucuses, both being indirect. Party voters choose delegates
who will nominate a candidate at the Summer party’s National
Convention. Most primaries are closed, that is, they are elections in which
only registered party members can vote. In the open primaries allowed by six
states, voters from either party can participate. During the “primary season”,
the Media keep counting the delegates elected in each State and
usually the choice is clear before the Summer convection.
In Summer, a National Party Convention chooses the Party candidate.
If no candidate has accumulated a delegate majority by the end of the
Primaries the situation may become interesting. Caucuses and primaries
bind delegates only on the first roll-call ballot of the States. If no
candidate wins a majority, delegates are free to switch loyalties on succeeding
ballots.
In November, people give their votes to State electors, who will form
the Electoral College. Therefore, final elections are also indirect. In
accordance with the Constitution, the popular vote is not counted nationally,
but by State. Each state receives a number of votes in the college equal
to the sum of its members in Congress (2 Senators + HR + 3 Columbia = 538
electors). The members of the Electoral College travel to their respective State
capitals and transmit the ballots that officially decide the election when
they are counted in the Senate in January. The candidate who wins in
a State (even for one vote difference) receives all the State’s votes in the
college (WINNER-TAKE-ALL SYSTEM). The Supreme Court has determined
that States cannot require electors to vote for that candidate, but since
1820, only 4 electors have not.
PRESIDENTIAL ELECTIONS:
1. States narrow the field of candidates to one from each major party.
Most states use presidential primaries forthis purpose but others use party meetings called presidential caucuses.
Indirect elections: choose delegates who will nominate a candidate at the National Convention.
Most primaries are closed.
2. National Party Convention chooses the candidate.
Caucuses and primaries bind delegates only on the first ballot.
If no candidate wins a majority, delegates are free to switch loyalties.
3. People give their votes to State electors. So, final elections are also indirect.
Popular vote is counted by State.
Each state receives a number of votes in the college equal to the sum of its members in Congress (2 Senators + HR).
District of Columbia has three votes.
Officially, they are countedin the Senate in January.
WINNER-TAKE-ALL SYSTEM: candidate who wins in a State receives all the State’s votes.
PRES
IDEN
TIA
L EL
ECTI
ON
S:
Supreme Court has determined that States cannot require
electors to vote for that candidate, but since 1820, only
4 electors have not.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
18
There has been a debate about whether indirect election of the
President through the electoral colleges should be continued, but no
serious effort to change it has emerged. Critics to the system state the
possibility of a candidate to win the popular vote but loose in the
college (as occurred 3 times in the 19th C and to Al Gore in 2000).
Supporters of the status quo note that the college vote produces a clearer
result by exaggerating the margin of victory in the popular vote. Those
in favor also emphasize that the electoral count correctly indicates the
importance States should have in a Federal system and the importance that
the most populous States should have in a Democracy.
Debate about whether indirect election of the President should go on.
Critics: Possibility of a candidate to win the popular vote but loose in the college.
Supporters: College vote produces a clearer result by exaggerating the margin of victory in the popular vote.
Indicates the importance that the most populous States should have in a Democracy.
Electoral College Geography (2004)
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
19
1.5.3. Summary. PRESIDENTIAL DUTIES
Constitution Delegated by the Congress Other circumstances ADMINISTRATIVE HEAD: See that the laws are carried out.
LEGISLATIVE LEADER: inform the Congress about the State of the Union & suggest the necessary measures.
Acting as a CHIEF OF STATE Acting as the PARTY LEADER. COMMANDER-IN-CHIEF: Highest ranking officer
Congress declares War. 1973 WAR POWERS ACT: Need of Congress
approval for the deployment of US troops abroad within specified time limits.
2/3 of the Senate Approval for ratification of a treaty and simple majority for
confirmation of diplomatic appointments
FOREIGN POLICY LEADER with the aid of a National security adviser.
In 1921, the Congress weakened its monopoly on the “power of the Purse” by
the BUDGET AND ACCOUNTING ACT
BUDGET AND ACCOUNTING ACT: The President can screen the budget proposals of the executive branch departments & agencies.
VETO POWER: President can not reject some parts of a bill while accepting others.
Veto can be overridden by 2/3 majorities in both chambers.
2. State and local government.
2.1. The Place of State Government in American Federalism. A whole article of the main text of the Constitution (Article IV)
is devoted to the States. This article recognizes the limited sovereignty of
the States by denying the Federal authorities the power to alter the
boundaries of existing States without permission.
The importance of the States is also clear in other features of the Constitution,
such as the rule that membership in both chambers of congress and the
election of the President are determined by the States. In addition,
amendments to the US constitution can only be made with the
approval of ¾ of the States. Of course, some powers are banned to the
States by the Constitution: They can neither coin money, nor conduct
their own foreign policy, keep their own military service & make war. All
these were recognized as “DELEGATED POWERS”.
A considerable list of powers remained “RESERVED” by the States’
Government. To the States were reserved the establishment of local
governments. State functions include protecting public safety and morals
Color → Relation. PRESIDENT DUTIES.
Congress checks & balances
The Place of State Government in US.
STATE AND LOCAL GOVERNMENT.
Whole article IV of the Constitution is devoted to the States.
Delegated powers: - Coin money - Their military service - Make war - Conduct their foreign policy.
Reserved powers: - Local governments; - Protecting public safety and morals (police …); (…)
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
20
(police, fire/sanitation departments …). They also took responsibility for
furnishing educational and health facilities. Their powers included
charging taxes to fund all these activities.
States wrote their own codes of civil and criminal law. Not least, state
legislatures determined voting qualifications and conducted elections for
all levels of government.
Some government activities were commonly understood to be
CONCURRENT POWERS (shared by the States and the National authorities),
because the Constitution does not designate one level of government as
primarily responsible. These functions included lawmaking, establishing
courts, taxing and providing for the general welfare. A basic principle of
Federalism is that two levels of government exercise authority over the same
territory. That apparent overlapping has not usually been problematic because
the national government applies these powers to relations btw States,
while each State exercises them only inside the State.
2.2. The Structure of State Government. The structure of State government parallels that of the Federal
government.
2.2.1. Parallel structures. Each of them has a written constitution; each of them has also a
separation of power among three branches, which share power through a
system of check and balances.
All of the STATE LEGISLATURES, except Nebraska, have the same format
as Congress with two houses, usually called the STATE SENATE and the STATE
ASSEMBLY. STATE LEGISLATURES also work through committees and pass
laws in a process very like that used in the Congress. Like the President, the
chief executive of a State, the GOVERNOR, enjoys the powers of
administration, appointment and veto.
Reserved powers: (…) - Educational/Health facilities; - charging taxes; - Have their codes of civil and criminal law; - voting qualifications and conducted elections for all levels of government
Concurrent powers: - Lawmaking; - Establishing courts; - Taxing; - Providing for the general welfare.
National government applies these powers to relations btw States, while each State exercises them only inside the State.
The Structure of the State Government:
Parallel to that of the Federal government.
Written constitution
Separation of power among three branches.
STATE LEGISLATURES:State Senate & State Assembly.
Work through committee.
GOVERNOR, enjoys the powers of administration,appointment and veto.
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Topic 64 USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral.
Iván Matellanes’ Notes
21
2.2.2. Different structures. There are, however, some important differences in the structure of
the State Government. State Constitutions are usually several times
longer than the US constitution because they contain many more detailed
provisions and much more specific Lg. The States constitutions tend to be as
explicit and accurate as possible. Such detailed documents are less
adaptable to broad interpretations and are much more frequently
amended. NY State’s constitution has been amended over 200 times over
the last century.
The legislative branches also have distinctive elements. Most State
legislators (from both houses) are part-time lawmakers. They usually
divide their time btw the legislature and their own business. They do not run
for re-election as often as Congress Members do. Instead, they go back
to their full-time job or use their government experience to enter a new line of
work. Thus, well over 1/3 of all members in State legislature are
newcomers. Some experts on American government argue that the States
should change to full-time, professional, well-paid legislators. However,
amateur tradition and the enormous cost of converting to full-time lawmakers
indicates that the present situation is likely to continue.
There are also important differences in the executive branch. Most
Governors have two powers the President lacks: They usually have
more control over the State Budget and may also have the line item veto
(allows them to accept some parts of the bill and vetoing others)
On the other hand, in many States the governor’s power is weaker than
the President’s. First, They are not free to makes as many appointments
as the President does. Second, many states have a tradition of electing
several of governor’s departments heads. So, they are more independent
and they can even not belong to the governor’s party. Third, Governors have
less control over suggestions for new laws.
Important differences in Structures.
They are several times longer than the US constitution because they are as detailed and as accurate as possible.
Less adaptable to broad interpretations and are much more frequently amended.
State Constitutions.
Legislative Branch.
Most State legislators are part-time lawmakers.
They do not run for re-election as often as Congress Members do.
Over 1/3 of all members in State legislature are new.
Executive Branch.
More control over the State Budget.
Line item veto (allows them to accept some partsof the bill and vetoing others).
Not as many appointments as the President does.
People elect several of governor’s departments heads.
Governors have less control over suggestionsfor new laws.
GO
VE
RN
OR
IS S
TRO
NG
ER.
GO
VE
RN
OR
IS W
EA
KE
R.
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US
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tellanes’ Notes
22
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me Court has to review the
nality of both State laws.
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Topic 64: Brief summary
Iván Matellanes’ Notes
23 Summary - Political Institutions: USA has the oldest functioning democracy, the world’s oldest written constitution and political party.
- Historical Origins: differences both in morphology & syntax. ♦ British authorities allowed the American colonists in N. England & Virginia to create political institutions w/little outside interference. ___ This tradition of self-government inspired the Independence Movement & served as the model to follow by the Federalists. ♦ After the War of Independence, most American opposed a strong central government (identified with British oppression). ___ The US constitution’s ancestor (ARTICLES OF THE CONFEDERATION), created a free league of Independent States under a weak cntrl govrnment. ___ Later 1780s chaotic condition of the country’s economy & international relations triggered changes in the ARTICLES OF CONFEDERATION. ___ 1787 Secretly, a new constitution is drafted with a stronger central government and a federalist state development. ♦ The 13 original states ratified the Constitution on the understanding that 10 Amendments (BILL OF RIGHTS) were added (ratified in 1791). ___ Federal government is given specific powers & States sovereignty was guaranteed by the constitution & the 10th Amendment. ♦ Three main compromises were necessary to gain approval from the states: ___ 1. Small & large states balanced representation in the 2 chambers of the congress (HR is proportional to population, senate is not) ___ 2. North-South conflict: How to count the people in each state (Slaves were 1/3 of southern population) 3/5 of the slaves count in the HR. ___ 3. Congress taxes imports but not exports.
- The Constitutional Framework: 4/5 of the original text remains unchanged & only 17 amendments have been added after the BILL OF RIGHTS ♦ US hierarchy of law has the federal constitution as its max legal authority to which all other law must comply ♦ The constitution establishes the principle of federalism as fundamental to American government through the concepts of “reserved” and “delegated” powers in the 10TH AMENDMENT ___ The powers not delegated to the Federal government were reserved to the States or the people. ♦ The 3 most imp delegated powers to the Federal government are: ___ 1. The powers to tax & spend for the general benefit. ___ 2. to regulate international & interstate commerce
___ 3. To declare war
♦ Amendments to the federl constitution can be proposed by 2/3 majorities in Congress (HR & Senate) or by a constitutional convention called by 2/3 of the states. ♦ Articles I-III of the Constitution create a federal government w/3 branches: a) The legislative (Congress: HR & Senate); b) The executive (President) & c) The judiciary (The US supreme court & other federal courts) ___ In this non-parliamentary system, a person is constitutionally banned of serving in more than one of the branches at the same time. ♦ Representatives, Senators & the President are elected through independent elections which do not all occur at the same time. ___ Every 4th year the electors for the President, 1/3 of the senators & all of the representatives are elected at the same time. ___ However, the president serves a fixed term of 4 years, the Senator 6 years & the Representative 2 years ___ As a consequence, the president & that senators elected together never run together again for the re-elections to their offices. ___ Also, one or both of the Houses of congress are often controlled by one major party while the presidency is held by the other. ♦ The branches must also share power through a system of checks & balances. ___ Federal judges, including the Supreme Court’s, are nominated by the President, but their appointment must be confirmed by the Senate. ___ The president can veto laws passed by the Congress, but that veto can be overridden by 2/3 majorities in both chambers. ___ The Congress can remove members of the executive &judicial branches from office through IMPEACHMENT procedures The HR decide whether a public official is to be tried & defines the charges and the Senate acts as judge & jury. ♦ Important changes in the constitutional framework have come through both formal & informal means:
Improve federal power Democratize participation in government
FOR
MA
L
13th → Abolish slavery. 15th → Male slaves right to vote. CIVIL WAR
INFO
RM
AL
Without amendment process. 14th → Former slaves become US citizen. ___ Political parties
___ Primary elections ___ Committee system ___ Executive office of the President ___ Supreme Court’s power judicial review
16th → Gave the Federal government much grater Federal power. Right to tax incomes.
17th → US Senators by popular vote
19th → Women can vote 26th → lowered the voting age the 18
- The Political Parties: The Founding fathers viewed political parties as factions & design a constitutional syst meant to keep them divided. ♦ Founders set up a system that encourages two parties, rather than no parties (which was their idea at first) ♦ The party system possesses 3 main features: ___ 1. National & state parties are much decentralized: National party do not control State parties The primary system triggers decentralisation by weakening the control over the nomination processes of party organisations. ___ 2. American parties are non-ideological. Although the US is an industrial nation, there is no major socialist or labour party. ___ 3. Policy decisions of government are determined much less by intra-party politics, but by the main problems of the “moment”. ♦ Differences btw the parties: There are 2 main parties in the USA common politic life: The Democrats & the Republicans.
Democrats Republicans ___ Give a more imp role to the Federal Government. ___ The best government is no government Zero intervention policy ___ Democrats are conservative (No left-winged parties in the USA) ___ Republicans are much more conservative than Democrats ___ Government intervention in the economy ___ Minimum regulation of business ___ Usually increase taxes ___ Low taxes ___ the creation of a public social safety net & the union movement ___ Private solutions to poverty & social problems ___ favored civil rights and affirmative action programs for minorities, some gun control and “unrestricted” abortion rights ___ Popular in the South after the Civil War; After Roosevelt they were conservative in the S & Liberal in the N; Now, popular in the North.
___ Popular in the North after the Civil War (Lincoln was Republican); 1930s, this division disappears; Now, popular in the South.
- The Legislative Branch: Congress has 538 members (100 Senators, 435 Representatives + 3 non-voting delegates from Columbia) ♦ Senate ♦ House of Representatives ___ Elections every 6 years, 1/3 every 2 years. ___ Elections every 2 years ___ Represent whole States & minimum 30yo ___ Represent small geographical units (=district) & Minimum 25yo ___ US Citizen for +9 years & resident in the State. ___ US Citizen for +7 years & resident in the district. ___ TEMPORARY PRESIDENT: Such Powerless position that is given to a Junior senator. The Vice-President is the former president.
___ SPEAKER (≈President): Assigns members to committees & decides which bills are to be voted. Power over who speaks.
___ MAJORITY LEADER(RealLeader):No powr 2 limit debates/amendments ___ MAJORITY LEADER: Speaker’s next in command ___ The Senate elects the Vice-president in similar circumstances. ___ Elects the Presi if none receives a majority of electoral votes ___ “The sole power of impeachment” Judges & Jury ___ “The sole power to try impeachment” Defines the charges. ___ The most important administrative appointments need senatorial approval (Judges from the Supreme court, ambassadors, consuls …)
___ Establishes the executive departments & agencies that compose the executive branch
Federal Constitution.
Supreme Court
States’ Constitution.
Law.
Interpret
obey
Cannot contradict
FED
ERA
LISM
SEPA
RA
TIO
N O
F PO
WER
S
CH
ECK
&
BA
LAN
CES
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Topic 64: Brief summary
Iván Matellanes’ Notes
24 - State & local government:
Senate ♦ House of Representatives ___ The 3 main Fns of the senate:
1. Advisory council to the president. 2. Protection to the smaller States. 3. A conservative check on the popularity elected house.
___ Main Fns of the HR: 1. Make the federal Budget. 2. Raise, finance & regulate military forces and declare war. 3. Regulate foreign & interstate commerce
___ The 2 chambers possess essentially equal constitutional powers in the legislative process. ___ Bills must originate in the HR, but all bills must pass both houses in order to be send to the president for his approval. ♦ THE COMMITTEE SYSTEM: Congress does most of its work in committees (assignation of members to specific legislative work) ___ Members do their best for assignments on committees whose work is of the greatest concern to their states or congressional districts ___ The most senior member has been traditionally given the committee’s chairmanship, but since 1970s, it has been chosen through secret ballot. ♦ How a Bill becomes an Act:
THE STEPS IN THE LAW MAKING PROCESS ARE SIMILAR IN BOTH HR & SENATE. Bill Introduction Committee Sub-Committee Back to committee Debate in chamber Presi’s sign/veto
_ 1 chamber 1st _ If a bill is passed in 2 chambers
_ referred to a sub-committee
_ Members expose views. _ Reports from experts. _ Write & revise txt.
_ Revises it again before sending it to the chamber for debate.
- veto the whole Bill - veto can be overwritten
simultaneously, the final txts are usually diff. Then, a committee composed of members from both chambers produces a compromised text. ♦ Elections for Congress take place in two diff subdivisions of the nation: ___ 1. Congressional districts, each of which chooses one member of the HR (1929 – HR fixed with 435 sits + 3 Columbia).
> The sits have been divided among the states according to the population by REAPPORTIONMENT (after every 10 year federal census). > Minimum of 1 representative per state above this minimum depends on how large its population is compared to that of the other States. > 1962 SC Baker vs. Carr REAPPORTIONMENT followed the 1-man-1-vote principle & created districts w/equal populations (≈ 530,000)
___ 2. States, each of which selects two members of the Senate ___ Thanks to this division, politicians can give their first loyalty to their State or congressional district, rather than to the party or chief executive. ___ To run for a seat in Congress, a person must usually win a primary election first: 2 or more candidates compete in a primary.
> They may propose themselves or be recruited by the party. State law often requires a collection of signatures supporting a candidacy.
- The executive branch: It’s the power which is in charge of carrying out the laws approved by the congress. ♦ Presi nominates the highest officials in the executive: departments’ leaders, Chief administrators agencies/commissions, US ambassadors … ___ His appointments to these offices must be approved by the Senate, Only roughly 2,000 positions are filled without congressional approval. ___ Over a 99% of executive branch employees are not chosen by the President (from a total of 3,000,000 people). ♦ Qualifications: natural-born USA citizen, at least 35yo, and have been a resident of the US at least 14 years. ___ He is more independent than many chief executive officers of most democratic governments bc he is elected separately from the Congress. ___ The price of his independency is: a) no guarantee of majorities in the Congress & b) The limits of his powers by the sys of checks & balances. ___ However, he is the only official elected by a vote of citizens in all the States. ♦ PRESIDENTIAL POWERS & DUTIES
___ Given by the CONSTITUTION ___ Delegated by t CONGRESS ___ OTHER CIRCUMSTANCES Administrative head: See that the laws are carried out. Congress declares War. Acting as a Chief of State & Party Leader legislative leader: inform the Congress about the State of the Union & suggest the necessary measures (until 20th C).
Veto can be overridden by 2/3 majorities in both chambers.
Foreign policy leader with the aid of a NATIONAL SECURITY ADVISER.
COMMANDER-IN-CHIEF: Highest ranking officer. > 2/3 of the Senate Approval for ratification of a treaty and simple-majority for confirmation of diplomatic appointments > In 1921, the Congress weakened its monopoly on the “power of the Purse” by the BUDGET AND ACCOUNTING ACT
1973 WAR POWERS ACT: Need of Congress approval for the deployment of US troops abroad within specified time limits. BUDGET AND ACCOUNTING ACT: The President hast the power to screen the budget proposals of the executive branch departments & agencies.
Veto Power: President can not reject some parts of a bill while accepting others. POCKET VETO ♦ Electing the President is long and complicated. This is a 3-stage indirect process that lasts about 8 months: ___ 1. States narrow the candidates to 1per party Most states use primaries but others use party meetings called presidential caucuses.
> Indirect elections: choose delegates who will nominate a candidate at the National Convention at the summer. > Most primaries are closed (elections in which only registered party members can vote). There are 6 states with open primaries.
___ 2. In Summer, a National Party Convention chooses the Party candidate. > Caucuses & primaries bind delegates only on the 1st roll-call ballot. If no candidate wins a majority, delegates are free to switch loyalties.
___ 3. In November, people give their votes to State electors, who will form the Electoral College (also indirect, so popular vote does not count). > Each state receives a nº of votes in the college equal to the sum of its members in Congress (2 senators & HR) > WINNER-TAKE-ALL SYSTEM: The candidate who wins in a State (even for 1 vote diff) receives all the State’s votes in the college. > Supreme Court has determined that States cannot require electors to vote for that candidate, but since 1820, only 4 electors have not.
- STATES’ ORGANIZATION - FEDERAL ORGANIZATION
♦ Constitution (longer and more accurate) ♦ Constitution (shorter and free to interpretation) ♦ Separation of powers ♦ Separation of powers ♦ State legislatures: (except Nebraska) Work thru sub & committees ___ State Senate. (part-time lawmakers) ___ State assembly. (part-time lawmakers)
♦ Congress: Work through committees & Subcommittees ___ Senate. (full-time lawmakers) ___ House of Representatives. (full-time lawmakers)
♦ Governor: Enjoys the powers of… ___ Administration (Sm department heads are elected by the people) ___ Appointment, (not as many appointments as the Presi does) ___ Veto (LINE ITEM VETO [allows to accept some parts of the bill]) ___ Budget: (Governor have some control over the State Budget) ___ (Governors have less control over suggestions for new laws)
♦ President: Enjoys the powers of… ___ Administration, (all his departments heads are chosen by him) ___ Appointment ___ Veto (the whole bill) ___ Budget: (Congress controls the Federal Budget) ___ Legislative leader. (Can suggest the Congress new laws)
♦ Judiciary branch: ___ Appointment (Local and Supreme judges are elected) ___ Last court of appeal (cannot be sure of handing down the final decision)
♦ Judiciary branch: ___ Appointment (Supreme Judges under the consent of the Senate). ___ Last Court of appeal (US Supreme Court has the power to review the constitutionality of both Federal and State laws)
♦ Powers banned to the States by the Consti: Coin money, Conduct their own foreign policy, keep their own military service and make war.
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