1st written Constitution,
- Unchanged since its creation (1789) and is the major source of political authority.Codified (document) and flexible (amendment).
- American institutions: Congress, Presidency, Federalism and electoral system.
- Unitary system rejected because fear of despotism, and way to the seperation of powers.
3 branches in the Constitution. Each one of them representing one of the institutions.
. There is Congress (legislative body).
. There is the executive branch with the President and his Cabinet.
. There is the judicial branch with the Suprem Court as the head of the law in the land (only Constitutional court, the others beeing created by the federal governement).
• Origins of the Constitution: . Colonial period (1st assemblies, governments…).
. Declaration of Independance (1776).True birth of US
New system of government under the Articles of Confederation (1781), but not satisfying (no executive or judiciary, legislative had very little power).
• US Constitution by the Framers (Founding Fathers) has it's sources in:
. Lock's social contract theory.
. Idea of representation
. Separation of powers. More implicit than explicit
. Federalism (opposed to the unitary sate of Britain).
. Republicanism. Clearly defined terms (4 years) garantees a Republican Governement (art. 4, section 4).President elected by electoral college (17th amendment)
Amendment proposed by 2/3 vote in both houses and ratifyed by 3/4 of State legislatures or ratifying Convention by 2/3 of States.
- To ensure a separation of powers => System of checks & balances (Congress/President: bill).
- Debate on Federalism => North _ South states
- Slavery problem in the South (3/5 representation).
• Ratification: Federalist (Constitution) opposed to anti-federalist (gvt too centralized).
Federalist won and Bill of Rights (10 amendments - 1791).
• Adaptive Constitution (amendment)
- Election: 12 th amendment (candidate must receive majority of electoral colleg
Combined vote for President and vice President.
Winner take all system (majority = all electoral college vote of the State).
Pb: 1 candidate wins electoral college vote, but receives fewer popular votes than another.
It favors larger states.
22 nd amendment limits number of mandates (2).
- President of the federal governement: 13th, 14th & 16th amendment expand his powers.
• Change of interpretation: . power of Federal state > states (balance between central and state governements have changed. Loss of autonomy of States. 70's - 80's need for a strong central government.
. power of executive > legislative
. Suprem court: final judge of the Constitution
. Growing protection of individual rights by federal gvt.
Remarks and comments of the Constitution.
Constitution aims to provent absolute power by Federal government (division of power).
Federalism and intergovernmental relations
Federal government has a few exclusive powers:
- exercice exclusive legislative over the District of Columbia
- coin money (expressly denied to the States in the Constitution).
- Regulate certain aspects of interstate commerce.
Federalism is a two-level matter: relantionship between Federal Governement/States.
relationship between States.
Federal cohesion is preserved by the fact that regulations, judicial procedures may be applied in all other States (art. 4, section 1).
• Federalism in theory and in practice.
Dual sovereignty (sharing policy, responsabilities. _ level of governement) garanteed by Constitution): - State's garantee: equal representation in Senate
- right to judicial integrity to a Republican form of Governement.
- protection against invasion and domestic violence.
Political parties are organized on a State level more than on a nation level.
• Evolution of US federalism.
Article 1, section 8 enumerates the powers of the federal governement:
- tax and send for general welfare.
- regulate foreign and interstate trade (economic power).
- declare war.
Great variety of public policies displayed by the States (levy taxes, capital punishment…)
10th amenment: powers which are not deligated to the U.S. (Federal government) by Constitution are reserved to the states or to the people.
Tensions between federal governement and local authorities.
• Competitive independance.
Fiscal federalism: grants and payment which are paid directly to the population by the federal governement.
- 60's and 70's: rising of federal expenditure. Nixon and Ford administrations failed to make the new federalism work:
. underestimation of the strength of the agency/client link.
. undersestimation of the power ressources of the intergovernmental lobby.
. Nixon had no clear conception of what a federal governement should be.
- 80's (Reagan): revival of federalism. He had a clear idea of it.
- 90's (Bush & Clinton): fiscal federalism more or less revived.
• Classical federalism.
State and Federal governement each sovereign & separate is dead (doubt that it was ever applied in the US).
Cooperative federalism which dominated intergovernmental relation from the 30's is not appropriate as a decription of the 80's-90's.
Competitive interdependance is a more accurate label.
States are dangerous administrative and political units (separate legal and political system).
Still weak constitutional position of the States (Suprem Court in 1985 permitted the Federal governement to regulate wages of San Antonio bus workers).
Role of the States has increased as the Federal governement has required them to participate in the implementation of federalism.
US political parties in Transition
2 major political parties, but not always the same.
5 functions of the parties are:
• Aggregation of demands.
- Democrats: party of southern interest then became in the 30's the party of northern industrial working class.
- Republicans: party of national entity (civil war), then become the party interested in defending the enterprises and corporate powers.
• Conciliation of groups in society.
Democrats until 1964 tried to reconcileate segregatonists of the South with the interest of northern industrial workers (JFK: reconcileate catholics of the north with protestants of the south in 1960).
Between 1968 and 1980, the Republicans forged a new coalition accross regions, classes, religions, economies,…
Political parties have to appeal to a number of competing and potential conflicting interests if there're to succeed in a country as diverse and complexe as the US.
• Staffing the governement.
Once elected, the President appoints governmental officials to fill the post in administration.
Theory: staffing the government through party helps to insure an intimate link between the implementations of politics and public preference.
In pratice, it is different. Party organization is based on a candidate or reflect the interest of social groups or regions.
• Coordination of governement institutions.
National legislature is separated from executive.
Even if the State, the federal governement, the President and the Congress are from the same party, they have different constituencies. A common party can provide a means of communication and coordination.
• Insuring Political stability.
The US's 2 party system is good. 3rd party showed division among voters with the Republican and Democrat candidates (Perot in 1992).
Crisis and Changes of the US Party system.
- Party decline: ways to measure it => membership, party identification, organization, control over candidate nomination, ideological cohesion (voting patterns).
- Reasons: rise of Education level, affluence, suburbanisation, drop of the performance of governement.
The new role of political parties in the 1990's.
Political (congressional liaison).
3rd candidate: more a protest than a serious political party. Parties have not cessed to be dangerous in government, they've changed. More people are now involved in party organisation.
Political participation and Electoral behaviour
• Patern of US electoral behaviour.
Elder, higher socio-economic status. More old conservatives than younger ones.
Lower status and ethnic minorty voters.
Jews and roman catholics => liberal (more than protestant). South is more conservative than the East.
Until 1960's, the most dramatic difference was the participation between black and white. 1965 voting rights act: roght to vote for anyone.
By 1990's, black were just 8% less to vote than white.
Women vote less than men (51%/48%).
US turnout is known to have a low % of voters for all elections (institutional and non-institutional explanation).
- US has a FPTP voting system (single member district electoral system rather than one based on propotional representation (PR).
Voters know that in many constituencies, their vote will make no difference because of the large majority enjoyed by the party? While PR masks fewer votes.
Another reason: not enough choices offered by parties? US parties rarely promise social…
Moreover, citizens often vote retrospectively. Voters vote more for a candidate than for a party.
• US voter model & the New deal coalition.
Voters have no idea on what's left and right.
are influenced by tax is concerned.
ill-informed about the party's political program.
However, they are loyal (party identification = history, psychology).
They depend of the candidate.
• Decline of partisanship and of the new deal coalition.
Nixon won in 1968.
More citizens were suburban, middle-class and conservative => republicans.
Candidate + issue voting increases => candidate's role got more important from the 60's.
Further trends in the US electorate; Women vote democrat (not republican because of abortion, chilcare, ERA…). South, West = Republican
North and North-east = Democrat, Liberal.
Black and minorities = Democrat.
US LEGISLATORS AND THEIR CONSTITUENCIES
US Congress is refered as the most powerful legislaure in the world.
It has been successful in maintaining its independance from executive influence.
• Main powers (17 listed powers in the Constitution. 6 concern le regulation of finance and commerce -purse. 7 concern the national defense. 1 concerns the US Postal services, 1 concerns the Inferior courts, 1 concerns the patents. Last clause gives sweeping powers to make all laws necessary and proper to the functionning of these listed powers).
- legislative power vested in the House of Representatives - 2 years- and Senate - 6 years and renewed every 2 years by 1/3). Special powers to appropriate money, raise armies and regulate intertate commerce.
- constitutionaly the right to declare war and ratify treaties.
- approve the president's appointments in judiciary and executive branchs, can impeach executive officers for wrong-doing. The Senate has the right to oversee and investigate behaviour of the executive.
Congress initiates and approves legislation.
Presidential election, primaries are how members of Congress win theur party's nomination Democrats in the Senate, Republicans in the House and until 80's in the Senate.
Money is a dangerous ressource in congressional election (TV, meetings…).
Senate > House of representatives in prestige.
Support agencies to help Congress (help the legislature in diverse functions).
Is Congress truly the people's branch in the sens that it expresses the democratic wishes of the people?
CONGRESS AS POLICY MAKER
• Functions of Congress
- One of the many functions of Congress is the representation.
- It also formulates and passes laws.
- At last, it oversees the executive branch.
- Control of finances, approval of annual budget and appropriation bills (originated in the House of Representatives, must be approved by both houses.
It can approve, modify or criticize the executive spending plan Power to veto all administrative reorganisation of the executive branch.
• The structure of power in Congress.
- Committees (process of framing, amendment and rejecting legislation). Most committees authorize legislation while others provide funds to finance programs.
Appropiration, House of ways and means, Senate. Finance and budget committee are concerned with approving income (taxation) and expenditure bills.
The Rules committee is responsible for interpreting regulations, helping to decide which bills and in what forms come before the floor.
Today, they continue to perform an safekeeper function. tend to reflect political majority
- Speaker.
Until 1911, chairman of the House rules floor, but no more.
Helps to control the plan of legislation. Recognizes who is to speak on the floor, can create ad hoc committees. Gives advice on assignments, conference and select committees. Helps assignments of bills to committees and votes in case of tie.
As both parliamentary and party leader can be link of powers and as well as the person most able to ofter disparate party forces behind a particular bill or program of a president.
. Majority and minority floor leaders elected by the party caucuse. Main job: nominate and organize party business on the floor of the houses.
Both parties appoints whips to control floor businnes, is giving sanctions.
PRESIDENTIAL POWER
- Chief executive
6 categories of executive powers:
. Power of appointment (limited, shared). Needs approval of Senate.
. Power of removal (rarely exerciced). Truman fired Wallace
. Power of administrative supervision (ultimate person responsible).
. Power of enforcing the law (art. 2, sect. 3 "execution of the law").
. Power of formulating military policies .
Power of conducting foreign relations (chief diplomat).
- Chief diplomat.
Dominant in foreign relation. Congress controls foreign politics (appropriation of $ and treaty ratification). Struggle between executive/legislative in inter. relations.
President is the commander in chief of the army, but Congress raises it.
War powers act (1973)
Protect State against domestic violence. Use military force or the national guards
- Party chief.
Not submitted to the rules of his party and represents the whole nation. But must govern with a firm political base (not separated from his party). Close ties with his party in Congress (influence). Strategies defined in the White House is conjonction with Congress party lines.
• President has some legislative and judicial powers.
(State of the Union address where he outlines his political agenda). Pressure on the legislative (discussions, meetings,). Constant contacts.
In judicial matters:- appoints important public officials
- nominates federals judges ( members of the Suprem Court), subject to confirmation of the Senate.
- power of full conditional pardon to anyone convicted of breaking a federal law (except in case of empeachment).
• Rules of succession (art. 2, section 1).
If vacancy of the President => Vice-president => Speaker of the House (in Senate, substitute is elected by senators because Cive-president not always there) => President pro tempore of the House => Cabinet members in order of seniority.
Problem is that President haven't been as good after the 60's (Johson => Vietnam war, Nixon => Watergate, Ford, Carter, Bush) than before (Roosevelt, Truman, Eisenhower, Kennedy).
He is the world leader, but isn't garanteed support in Congress.
• Division of the political election (4).
- Preprimary: often, as soon as elected, President start running for his 2nd term.
- Primaries: closed primaries open only to registered parties (Democrats or Republicans) _ open primaries (voters can vote for either party. They don't have to be registered).
- Nominating convention: in order to chose presidential and vice-presidential candidate.
Media event > policy program.
- Campaign.
• Political selection - Problems.
Money for campaign (Ross Perot).
Nationalisation of politics and society (TV, media, giant corportations).
Relative decline of US economic and politic power.
Natural coordinator, national leadership.
THE FEDERAL BUREAUCRACY
- Executive Office.
- White House office (assistants or aids for the President. Links with Congress, lobbies,…. Press Secretary of the President (visible member). Military aids…
- Office of management and budget (OMB). Prepares annual budget proposal (needs congressional approval). Federal expenses and controls the proposals for legislation that comes from the departments and agencies. Advises President to sign or not Congress bills.
- National security Council (NSC) - 1947. Importance with cold war.
- Domestic Council created in 1970 (Nixon). President, vice-president and all the other departements that aren't represented in the NSC. President may add some chief officers.
Same work than the NSC for domestic matters.
- Cabinet Departments (13).
State, Treasury, Defense and Justice were created in 1789 (most important one).
Then, the others were successively created throughout American history according to the needs. Each department is headed by a secretary disignated by the President (removal). Senate can't intervene (belong to the executive branch).
Department of the Interior1849Management of federal lands and territories (_ laws). Department of agriculture1862Problems of American farmers (west Mississippi). Applied homesteate Act (1862) redistributed lands to farmers and potentiel immigrants in the west.Department of commerce1913Protecting the States from the excessive pratices of trusts, holdings which tended to humper competition between States (commercial exchanges between States). It controled and regulated inter-state commerce.
Protect American products through the supervision of tarifs (import/export).Department of labor1913Part of the large range of social and economic legisltation which the democrates passed. Department of health, education and welfare - HEW1953New Deal (1932) had never created any federal agency that would control, regulate health and welfare
Even the Republican administration of Eisenhower worker on the principles of the Democrate's New Deal (Roosevelt). Education is slightly a federal responsibility. Most of the initiatives are left to the state's board of education (important differences between them)Department of housing and urban development - HUD1965Responsible for setting up, indicating and giving guide lines for urban development. Responsible for the managment of all federal buildings.Department of transportation1966Department of energy 1977After oil choc and creation of alternative energy sources (solar, wind,…). After the 2nd oil choc of 1979, things improved and department decreased in importance (staff, finances). Department of veterans affairs1988Recognition that there was a need to treat veterans in the US. None of the wars where the US participated were officially declared. The status of veterans remained haizy, but they needed thnigs. Today, it manages all the WWI & II, Corea, Vietnam, and Gulf wars veterans.
- Federal agencies.
• Several types that deal with specific problems. Response to public needs (public wel
ORGANIZED INTERESTS: THE REAL POWER?
• Corporate power (capitalism…).
Problem: large private companies (ruthless and axploitative.
• Groups are the essential part of democratic process. Many different groups (youth, church, association…). They can have a political dimension.
- Economic groups (business, trade unions, farmers,…).
- Professional groups (law, medecine, education).
- Traditional interest groups: labor business, agriculture,…
Washington lobby. The executive Branch itself lobbies members of Congress for support.
THE SUPREME COURT & JUDICIAL POLITICS
Like in many countries, courts play a political role in the US (_ France where independance of judiciary is essential).
Suprem Court has the final say (power of judicial review). Suprem Court > State court.
• US legal system.
- Federal court: important role in state law (created by Congress).
- Appeal court: important too but not key judicial policy makers because under Suprem Court.
- Suprem court: decision making with political impact (established by the Constitution)
Congress has the power to determine the size and administration of the Suprem court.
President can appoint members of the Suprem Court. He can ask for public and political advice (Brown vs. Topica in 1954). Lack of enforcement power.
9 judges in the Suprem Court. Decides the constitutionality of new or old laws.
Can decide if president program unconstitutional or illegal. Total staff counts 300 people.
• 2 main functions:
- decide exclusively of cases which envolve the State, public officials ambassadors and councils (representatives of foreign countries).
- appellate court for inferior federal courts (final juridiction).
4,000 cases/year (out of 10,000,000 in federal courts). Among these 4,000, 10% receive oral argument that leads to written decision. 90% dealt in memorendum (no detailed explanation).
The decision can dismiss the case (not competent to review it) or confirm/reverse lower court's decision.
The most important decisions are given in written "opinions of the Court" (full legal argumentation and serve as precedents).
Case that has to clarify a constitutional or federal principle > appeal case.
Session from early october to mid june.
Case is selected for review by 4 justices that recommend it.
Preliminary work (party hearings, "briefs"), then justices meet in private ("Conference Friday") to vote on the cases of the week (majority vote) and discuss the ones of the following week (quorum of 6 required). "Decision Monday", decisions are made public.
These opinions have a very heavy legal, political, social and economic impact.
The Suprem Court expanded from the purely legal framework. No appeal of Suprem Court decisions.
Justices are traditionally male WASP's, middle or upper class with british and protestant background. More important to be wise, common sensed and intelligent thant to be technician.
In 1982, first woman (Sandra O'Connor). 2nd since.
