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UNIT 64: AMERICAN INSTITUTIONS, 6. BIBLIOGRAPHY, 4.1 The Democratic Party,…
UNIT 64: AMERICAN INSTITUTIONS
0. INTRODUCTION
3 branches of govt:
executive
,
legislative
&
judicial
(usually represented by the
President
,
Congress
& the
Supreme Court
.
Generally speaking, Pres
enforces laws
that Congress
passes
, & SC
interprets
them if any
Qs
arise.
US govt
shares power
with the states under the federal system est by the constitution.
Operates on
3 different levels
:
national, state & local
1. THE CONSTITUTION
Based on a
written constitution
,
oldest
(1787) &
shortest
in
world
!
Designed to protect representative democracy and inalienable human rights but
doesn't
grant any outright socioeconomic rights eg right to housing
When written - just
4 pages!
Compared with 100s of pgs for other countries. So really envisaged as being a set of
guiding principals
Flawed when written as tolerated (even supported) slavery
but
nevertheless it gave rise to a successful ‘democracy’ & has proved its longevity!
Consists of a
Preamble
,
7 Articles
, &
27 Amendments
A
living document
whose
interpretation
has
changed
over time.
NOT easy to amend
(11,000+ amendments introduced in Congress but
only 27
have received necessary approval from states to
actually
become amendments).
Outlines the
structure
of federal government -
3 powers
(legislative, executive & judicial) & their
responsibilities
&
relationship
between the nation & the states.
FFs - had a
fear
of democracy & by extension the mob rule & tyranny of a majority. Whole govt & electoral system designed to
guard against this
Basic
principles
remain unchanged:
Political authority rests
between
state & national govt
The
3 powers
are
different
from each other &
work separately
Authority of each is
controlled
by
system of checks and balances
- aims to
prevent
any branch from having too much power.
Eg Congress (legislative)
makes
laws, but Pres. (Executive) can
veto/reject
them & Supreme Court (Judiciary) can decide that a law is
unconstitutional
. Also, Congress can
impeach
Pres.
Way of ensuring discussion & escaping from autocratic monarchy.
ALTHOUGH - as Neustadt argues, really there
isn't
a separation of powers but rather
separated institutions sharing powers
Supremacy Clause
= the Constitution, federal laws made in accordance to it & treaties made under its authority = "
supreme Law of the Land"
& take
priority
over any conflicting state laws
Constitution
didn't
include a specific declaration of
individual rights
or say what the govt
couldn't do
- this was an
obstacle
to the Constitution’s ratification by the states, as ppl wanted guarantees their newly won freedoms would be protected
Led to
1st 10 amendments
- aka
The Bill of Rights
- being ratified
1791
(4 yrs after Const) Include:
1) Freedom of
religion
,
expression
&
press
3) Right of
public trial
by a
jury
2) Impossibility of being judging a person twice for the same crime (
double jeopardy
)
Other important amendments
have been:
13th : abolition of slavery
19th : women's suffrage
22nd
: limit of
2 terms
for Pres
2. THE TERRITORIAL ORGANISATION
Const delegates certain powers to
federal
govt, others to
state
governments & others to
both
Eg - only
national
govt prints
money
;
states
control
educational
systems &
both
can collect
taxes
.
FEDERAL GOVT & POWERS
1) In charge of
national issues
inc.
foreign affairs
,
trade
, control of the
army
etc.
2) Pres & VP =
only elected
executive positions within the federal govt.
3) Constitution clarifies that national government has:
Express
powers - directly explained in Const.
Implied
powers -
not
explicitly stated in Const but
implied
through “
necessary and proper”
clause in Article 1, Section 8.
Inherent
powers: Powers to
represent
the country in relations with other countries.
STATE
GOVT
Each state (50) has its
own constitution
& is
modelled after
federal govt
∴
also
consists of
3 branches:
executive, legislative & judicial.
State
constitutions
also provide means for amendment & are far more
elaborate
than Federal counterpart.
STATE POWERS:
Const. recognizes
powers
of state govt in
10th Amendment
Says:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
States ∴ take responsibility for (eg):
ownership
of property,
education
,
welfare
,
local govts
, regulation of
industry
,
public services
...
In many areas states
share
responsibility with local & federal governments - eg highways
The national govt can
force
states to perform a particular action with a
mandate
- generally contain rules the states
wouldn’t
normally carry out eg:
reduce air pollution
Mandates are generally funded through
grants
Can pass from
state → local
eg education standards local school districts must abide by.
LOCAL GOVT
Usually have 2 tiers:
Counties
(
boroughs
in Alaska &
parishes
in Louisiana) &
municipalities
, or
cities/towns/villages
(varies)
Municipalities
generally take responsibility for parks & recreation services, police & fire depts, housing services, emergency medical services & public transport.
Whereas Federal Govt & State governments
share power
in countless ways, a local government must be
granted
power by the State
Generally mayors, city councils & other governing bodies are
directly elected
by the people.
3. HOW THE GOVERNMENT WORKS
3.1 The balance
European idea of 1 party in power while rest in opposition
n/a
to the American balance of power. V possible that 1 party has majority in 1 or both houses while Pres belongs to
other
party.
Balance of power safeguards against tyranny
The balance works by
weakening
the power given to each branch & re-distributing it among the others - in this way the power is
saved
Eg - some of
Congress's legislative power
is
given away
to Pres (can veto) & Supreme Court can overrule legislation it thinks is unconstitutional
Executive power
- Congress can impeach & Supreme Court can stop executive actions it deems 'unconstitutional' (eg Trump's
Muslim ban
almost
blocked by SC). Also: Pres = chief of armed forces
but
only
Congress
can declare war
Judicial Powers
- it's the Pres. & Congress who nominate & appoint Supreme Court Justices. Congress can impeach & remove them if necessary. Also: (most imp) SC relies on other 2 branches to enforce its decisions
3.2 The presidency at work
Pres=
both
head of
state
&
head of
govt
of USA
&
Commander in Chief of
armed forces
(so
3
things - head of state
not
ceremonial like eg in UK/Spain).
Article II of Const.: Pres responsible for implementing & enforcing laws written by Congress
Vice Pres
- part of Exec branch &
ready to assume Presidency
if needed (happened on
8
occasions eg P Truman in ‘45 when FDR unexpectedly died in 4th term)
Role of VP
not
v well defined in Const. Tasks: presiding over debates in the Senate, where s/he may only vote in the case of a tie. Mainly
ceremonial
post
Pres of USA has
more power
than
any other president
in the democratic world.
Has almost complete control over
foreign relations
(though treaties require a 2/3rds majority approval vote in Senate)
Pres has power to either
sign legislation into law
OR
veto bills
enacted by Congress - (though Congress can
override
a veto with 2/3rds vote- eg.
1986 Reagan’s apartheid sanction veto
)
The Cabinet
= formed of
15 executive departments
Each led by a member
appointed by the President
and
confirmed by the Senate
(checks & balance)
All take title of
Secretary
, except the Attorney General (head of Justice Dept).
Carry out
day-to-day admin
. of federal govt, alongside other executive agencies eg
CIA
& Environmental Protection Agency, (not part of Cabinet but under full authority of President).
Sec. of State
= most important member, mainly deals with foreign relations.
Other important members = Sec of Defence, Sec of Treasury, Sec of Transportation & Attorney General
3.3 Congress at work
Designed by Founding Fathers to be a co-equal branch of govt.
The
Senate
& the
House of Representatives
together form the
Congress
- the law making body.
States are represented in
both
of these houses but in
different
ways - agreed by FFs as part of
Connecticut Compromise
Larger states wanted rep based on
population
but smaller ones wanted
equal rep
- so they
met in the middle:
House of Reps proportional to pop
but
Senate
equal
for all states - 2 senators each.
Congress:
Collects taxes
to pay debts & pay for
defence & general welfare
(controls nation’s finances)
Regulates
commerce
with
foreign nations
Declares war
1 more item...
Congressmen
divided into committees
which correspond with the main branches of govt.
Committees
examine each bill
& recommend its
acceptance or rejection
Although Congress
can
legislate, its most important task =
scrutinising policies & actions of the executive
&
upholding the interests of states & districts
3.3.1 The House of Representatives
States represented on a
population basis
and are divided into
constituencies
.
435 members
- elected every
2 yrs
(simple majority vote)
Chairman
= the speaker (current - Rep Mike Johnson) - elected by House & has
important responsibilities
- considerable
influence
over President & would take over if Pres & VP died.
Initiates financial bills,
starts the
impeachment
process vs civil servants, elects the Pres in case of electoral college tie
3.3.2 The Senate
The Senate = the
Upper House
- representing the
states
Equal in power
to House of Reps
Each
state has 2 senators
(elected every
6 yrs
) chosen
directly
by the electorate in each state.
Elections are staggered
so that 1/3rd of Senate is elected every 2 years.
Approves/rejects treaties,
judges
civil servants accused of impeachment,
confirms or rejects the appointments/nominations
made by President & elects VP if no candidate has majority.
4. THE POLITICAL PARTIES & THE ELECTORAL SYSTEM
US has 2-party system. Defining feature
Largely consequence of FPTP election system
Oher parties exist but generally only
minor & short-lived political significance
. Some achieved regional success & some (eg Prohibition Party) influenced
policy
HISTORY
FFs
hated
party politics - believed they would tear the nation apart - saw them as
corrupt relics of Eng monarchical system
.
But- soon after winning independence
2 clear parties arose
1)
Federalist Party
represented the interests of a
stronger nationalism
2) Democratic - Republican Party
(under
Jefferson
) represented interests of
states
. Against Hamilton's (treasury sec) creation of national banking system & fed govts’ assumption of state debts.
6. BIBLIOGRAPHY
Kollman, K.
The American Political System
, 2nd Edition, W.W. Norton and Co. 2014
McLay, M,
Midterms & Mandates: Electoral Reassessments of Presidents and Parties
, 2022
www.whitehouse.gov/about-the-white-house/our-government/state-local-government/
4.1 The Democratic Party
History
Founded
1792
- nation's
oldest
existing political party.
1st founded by
southern slave holders
to
protect slavery.
After c/w - Dems set up
Jim Crow laws
to ensure white supremacy. Remained the party of white former slaveholders until
20C
under
FDR
.
Under
FDR
party
remodelled
to reflect
the common man
&
New Deal
appealed to broad voter coalition
inc
white southerners & Blk ppl
. But -
big contradiction
- white southerners in coalition wanted to
uphold Jim Crow.
Later, when Johnson passed
CRs Acts 1964&5white southerners defected to Reps
. The party then went a huge (almost 180º) ideological evolution in 1960s.
Nowadays
Favour
active intervention of govt
Social & economic equality, welfare, support for labour unions & nationalised health care
Embrace
civil rights
, immigrant rights, LGBT rights, abortion rights, stronger gun control, & environmental protection
HOWEVER swing to right
in 1990s - response to Reagan’s success in convincing ppl that poor didn’t deserve help. Seen in eg
Clinton slashing aid in 1996
.
Also joined Reps in
war on drugs
& being
tough on crime
VOTERS
Younger
, more
educated
, more
ethnically diverse
,
less religious
,
women
(Gender Gap - 55-45 in 2020)) more
urban
(battleground = suburbia) more likely in
North
Have
not
won majority of
white
voters
since 1964
whereas Black voters have
overwhelmingly supported
Dems since this date (eg in 2020
92% Biden - 8% Trump!)
4.2 The Republican Party
History
AKA the
GOP
(
Grand Old Party
) founded
1854
by
antislavery Northerners
.
Lincoln
- famously anti slavery - 1st pres! Reps voted in
13th, 14th & 15th amendments.
But - 1870 - 1930 - changed course. Advocating
laissez faire
& sided with
big business
.
Hoover
- disaster. Voters switched to Dems under FDR.
FDRs New Deal - divisive - conservative factions wanted to
roll back
all measures but moderates wanted to
keep
some aspects
1960s
- turning point.
Benefitted
from defection of southern white Dems after1964 & gained votes for being the party of
law & order
&
tough on crime
.
Reagan 1980s - hugely popular
- attracted many voters. Refashioned conservatism as a +tive ideology & sold small govt conservatism as way to
restore the American dream
In 1980s Reps became
100% conservative
& also ↑ identified with
Evangelical Christianity
Nowadays
As in 1980s:
Christianity, small govt conservatism & tough on crime
. Socially conservative (gun ownership, privatisation of social security)&
economically neoliberal
- favours
free trade
& more
aggressive foreign policy
Plus death penalty, anti-abortion & oppose the same-sex marriage.
Voters
Often: older, more rural, in South, less educated, white & less diverse, more religious, male…
Important 20th/21C Presidents:
Hoover
(1929-1933),
Eisenhower
(1953-1961),
Nixon
(1969-1974),
Reagan
(1981-1989) &
George H. W. Bush
(1989-1993),
George W. Bush
(2001-2009) &
Trump
(2017-2021)
Trump:
changing
some major Rep policies eg
not
in favour of free trade - imposed protectionist tariffs.
Turning point for Reps.
4.3 The electoral system
= complicated. Pres candidates are
not
directly elected by ppl. Instead:
Electoral College
1)
Rep & Dem
primaries
. Registered party members & sometimes independent voters
choose preferred candidate.
Multiple candidates compete against each other for the nomination.
Winner = the party's official candidate
2)
Presidential elections:
Voters vote for preferred presidential candidate, but
not directly
- choose
electors
who pledged to vote for that candidate =
Electoral College.
Number of electors
each state gets based on
representation in Congress
, determined by number of
Senators
(always
2
) &
Representatives
(dependent on population). (
Eg California most populous - 55, Wyoming - 3)
Total = 538.
3)
To win candidate must secure
absolute majority of electoral votes - currently 270/538.
If
no candidate reaches threshold,
House of Reps
selects President from 3 candidates with most electoral votes, with each state delegation having 1vote.
4) Winner-takes-all
: Candidate who wins the popular vote in a state (primary) receives
all of its electoral votes
(regardless of margin of victory)
5) Dec following election, electors meet in their respective states to cast their votes for Pres & VP. Votes sent to Congress for counting in
early Jan
P & VP take office Jan 20th
5. CONCLUSION
Huge
challenges
facing US - guns, climate change, crumbing infrastructure, immigrations…. legislative inaction. on ALL these issues.
Is reform now necessary? Many think YES due to partisan politics causing gridlock in Congress & making ti almost impossible to get
anything
done
Each state presided by a
governor
(head of
Executive
power) - elected by
state election for 4 years
& has (except Nebraska) a
bicameral Legislature:
Senate
(‘upper’ chamber - members usually serve 4 years) +
House of Reps
(‘lower’ chamber - members have shorter terms) & a
State Judiciary
Other elected positions inc:
Lieutenant Governor
(presides over Senate),
Secretary of State, Attorney General
. States have
right to organise in any way,
so executive structure varies a lot.
3.4 How does a bill become a law? The Legislative process
1) Introduction of a bill to Congress
. Anyone can write it, but
only members of Congress
can introduce legislation. (Pres requests introduction of some bills eg annual federal budget)
2)
Bill then referred to the
appropriate committee
for review.
3)
If the committee
approves
the bill it goes to the
floor
for
debate
4) After debate the
votes
of a simple
majority
pass the bill.
A bill must pass
both houses
of Congress
before
it goes to Pres for consideration.
Pres. can then:
a) Sign it into law
(if agrees with bill), & it is then
printed
in the
Statues
.
b) If
disagrees
- can
veto
it &
send it back
to Congress.
Congress can
override veto
with 2/3rds vote of each chamber -
bill becomes law
System = slow & cumbersome.
But that's
how
FFs envisaged it - as in this way helps to
guard vs tyranny
Vast majority in Congress are either
Reps or Dems
. So party with most seats gets control of that house & gets to lead the powerful committees.
There’s often a
fractious relationship
if 1 party has presidency & other congress - eg during the Obama & Trump
In
past
members voted more according to their
conscience
& didn’t have to respect party lines - eg 1
964 Civil Rights Act
signed with
coalition
of moderate Reps & liberal Dems. Unthinkable now - h
ave to vote with the party
Also: huge amount of
lobbying
- v imp in American politics. V powerful - eg
National Rifle Association
- big reason why no gun law has been passed.
Drawbacks of electoral system
Candidate can
win
popular vote YET
lose
electoral college - so
loses
. Trump: lost popular vote by
2.8 m
but
won EC by 304 vs 227!
Due to winner-takes-all candidates concentrate efforts on larger states eg California/Florida or “swing states
” as can potentially
swing
the electoral vote
in their favour
. States that consistently support 1 party =
safe states**
Critics say: system is
undemocratic
because no. of electoral votes is
not directly proportional
to
population
of state, & system discourages voters in states where 1 party holds a substantial majority eg Republicans in California or Democrats in red states like Texas.
The electoral system =
topic of debate
with some advocating reform or abolition in favour of a
direct popular vote system
. However, any changes would require a constitutional amendment
4.4 The current electoral panorama
Partisan polarisation
- l
ack of cooperation
between the rival parties. Country
extremely divided.
Reps & Dems
ideologically further apart
than at any other time in last 50 yrs. Many vote Dem just to keep Reps out, rather than being fully supporting policies, & viceversa. Not good! Ppl increasingly question not only policies but
values & morals
of the rival party - can see eg in
Capitol riot in 2021.
Checks & Balances found
everywhere
in mechanisms of govt. Eg:
electoral terms
: Pres elected every
4 yrs
, represents
national
constituency. Senator every 6 & state constituency. Congressman/woman every 2 &
district
constituency. EACH institution is ∴
responsible for different group at different times
- ↓ likelihood 1 interest/party will capture reigns of power across the govt
20th C imp Dem Presidents:
Woodrow Wilson
(1913-1921),
FDR
(1933-1945),
Truman
(1945-1953), J F.
Kennedy
(1961-1963), Lyndon B.
Johnson
( 1963-1969),
Jimmy Carter
(1977-1981),
Bill Clinton
(1993-2001),
Barack Obama
(2009-2017)
Every 4 years on Tues after 1st Monday in Nov,
Next: 5th Nov 2024!
Big
election