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USA Political System Miloš Brunclík . Presidential system . Strict separation of powers . Rigid constitution . Bicameralism . Federalism . Bipartism . 1787 ratification . 27 amendments . Rigid nature . 2/3 House of Representatives . 2/3 Senate . ¾ states . checks and balances . Executive . President = chief executive + head of state . „The executive Power shall be vested in a President of the United States of America“ (art. 2) . Ministers – presidents‘ „advisors“ and executors of his decisions . → Clinton‘s/Obama‘s/Trump‘s administration . Legislature . Congress . Judiciary power . Supreme court . Federal and states courts Voters elect elect Electoral college President Congress May not remove each other • President and Congress elected for a fixed term • No „doomsday devices . Dilemma 1 (powers) . strong head of state with enough powers . Fear from a president-dictator . Dilemma 2 (election) . Parliamentary election → president = Congress‘s puppet . Parliamentary election → contradicts the principle of strict separation of powers . Direct election → no experience whatsoever, fear from populist leaders and incompetent and illiterate voters . Dilemma 3 (balance of power between large and small states) . Original idea: EC = a group of the best and honorable citizens, true elites . John Jay: EC “will in general be composed of the most enlightened ELECTORAL and respectable citizens” . Alexander Hamilton: electors as “most likely to possess the COLLEGE: A information and discernment” necessary to choose the chief COMPROMISE executive . But: EC dominated by partisans . elector discretion replaced by elector commitment to the parties’ candidates . Working principle . Stability (e.g. helps to keep bi-partism in place) . Reflects federalism . States themselves determines way of election of electors . Small states over-represented . Successful candidate must receive a nation-wide support ARGUMENTS AGAINST EC . Plurality over popularity . Candidate with lower popular support can win ! . 1876, 1888, 2000 and 2016 . Too much focus on swing states . Safe states (non- competitive states) . Little motivation to participate in elections . „Faithless electors“ . 165 instances of faithlessness as of 2016 . Never they changed the result of the elections . Constitution does not specify a notion of pledging . 33 states + D.C. laws against faithless elector . Washington: fine faithless electors after the 2016 election . Colorado,Michigan, and Minnesota: faithless elector's vote be voided Electora Popular vote Presidential candidate Party Home state l Count Pct vote Donald Trump Republican New York 62,985,106 45.94% 304 Hillary Clinton Democratic New York 65,853,625 48.03% 227 Colin Powell(a) Republican Virginia 25 (c) 0.00% (c) 3 Bernie Sanders(a) Independent Vermont 111,850 (c) 0.08% (c) 1 John Kasich(a) Republican Ohio 2,684 (c) 0.00% (c) 1 Ron Paul(a) Libertarian Texas 124 (c) 0.00% (c) 1 Faith Spotted Eagle(a) none South Dakota 0 0.00% 1 Gary Johnson Libertarian New Mexico 4,489,233 3.27% 0 Jill Stein Green Massachusetts 1,457,222 1.06% 0 Evan McMullin Independent Utah 729,824 0.53% 0 Darrell Castle Constitution Tennessee 203,039 0.15% 0 Gloria La Riva Socialism and Liberation California 74,403 0.05% 0 Other 1,191,466 0.87% — Total 137,098,601 100% 538 1. Nomination struggle . Primaries and caucuses 2. Struggle between Democratic and a Republican candidate . https://www.usa.go v/election . = candidates seek to get support of their party . Competition for „delegates“ for the National Convention . preliminary election in which voters of each party nominate candidates for office CAUCUS . Older system of selecting delegates . Party member meetings . Debates . Strong power by party bosses . Electing convention delegates Primaries held by several states at the same 2020: 3rd March SUPER TUESDAY Term used since 1976/1984 States try to increase their importance for primaries by setting the date of the primaries . Final say in the party candidate for president . Participation of delegates selected during primaries/caucuses . Usually: clear victor prior the NC . Rarely: brokered convention . Negotiations . 1976 – G. Ford and R. Reagan . 2020: . Democratic Party (Wisconsin, August 17-21, 3979 delegates) . Conservative Party (North Carolina, August 24–27, 2550 delegates) . 538 members: 435 + 100 + 3 (D.C.) . Voters elect electors . Electors elect president 1. States with many electors 2. Safe states (non- competitive states) 3. Swing states . Polls shows even chances for both candidates . Race not won/lost yet . Colorado, Florida, Iowa, Michigan , Minnesota, Ohio, Nevada, New Hampshire, North Carolina, Pennsylvania,Virginia, and Wisconsin 4. Battleground states . Most events and campaigning . 270 electors needed . If not, president elected by the House of Representatives . 1800 and 1824 . General election . First Tuesday after the first Monday in November . Electoral College . Electors meet in each state‘s capital on Monday after the second Wednesday in December . Until 1851: 2 terms by convention . 1951 XXII amendment . natural-born citizen of the PASSIVE United States . at least 35 years old VOTING RIGHT . a United States resident for at least 14 years 1. Symbolic 2. Appointments 3. Legislative 4. Foreign policy 5. Executive 1. Official head of state 2. Grant reprieves and pardons for offenses against the United States, except in cases of impeachment . applications for pardons referred for review and non-binding recommendation by the Office of the Pardon Attorney, an official of the United States Department of Justice 3. Ceremonies . Shared with the Senate . Ambassadors . Ministers (secretaries) . Supreme court judges . Various government officials . In total about 3000 persons . Mostly ethics (not political) restrictions . Senate: 1800-2005 Senate blocked a APPOINTMENTS government member only in 9 cases . 1866-2015 Senate never blocked a judge proposed by president . 2016: Senate blocked Obama‘s nominee Merrick Garland . Recalling officials (not judges) . Without the Senate‘s approval 1. Legislative initiative . Paradox: no direct legislative initiative X generator of legislative changes 2. State of the Union address 3. Legislative veto (10 days period) . Can be overridden by 2/3 in both chambers . Pocket veto . no action→ bill rejected if Congress adjourned President Regular Pocket Total Percentage Percentage regul vetoes vetoes vetoes ar vetoes overriden overriden Total 1505 1067 2572 4% 7% George Washington 2 0 2 0% 0% John Adams 0 0 0 N/A N/A Thomas Jefferson 0 0 0 N/A N/A James Madison 5 2 7 0% 0% Franklin Pierce 9 0 9 56% 56% Andrew Johnson 21 8 29 52% 71% Grover Cleveland 304 110 414 1% 1% Woodrow Wilson 33 11 44 14% 18% Calvin Coolidge 20 30 50 8% 20% Franklin D. Roosevelt 372 263 635 1% 2% Dwight D. Eisenhower 73 108 181 1% 3% John F. Kennedy 12 9 21 0% 0% Lyndon B. Johnson 16 14 30 0% 0% Richard Nixon 27 17 43 16% 27% Ronald Reagan 39 39 78 12% 23% George H. W. Bush 29 15 44 2% 2% Bill Clinton 36 1 37 5% 6% George W. Bush 12 0 12 33% 33% Barack Obama 12 0 12 8% 8% Donald Trump 90 0 90 N/A11% N/A11% . Modelled on the British Speech from the throne . Constitution requires that president periodically "give to the Congress Information of the State of the Union, and recommend to their Consideration such measures as he shall judge necessary and expedient“ . Joined meeting of both chambers . Tool to praise himself . Introduce new bills . Agenda for future . By convention: . from 1790 once a year . Speech . 1801 – 1912: reports sent to Congress . Directs foreign policy . Concludes and ratifies international treaties (together with the Senate) . commander-in-chief . exercises supreme command and control over an armed forces . But only Congress may declare war . War Powers Resolution 1973: president obliged to 1. consult with the legislature “in every possible instance” before committing troops to war 2. report about military policy 3. notify Congress within 48 hours whenever military forces are introduced “into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances” 4. use foreign military actions only up to 60 days . Presidential decrees . Legislative pieces, but Congress‘s approval not needed . Set by convention . Sources . Constitution . „The executive power shall be vested in a President..." . "he shall take care that the laws be faithfully executed" . Acts of Congress (delegated legislation) . Indirectly result from the Constitution . Counter-balance . Supreme Court . Congress George Washington 8 John Adams 1 Thomas Jefferson 4 James Madison 1 John Quincy Adams 3 Andrew Jackson 12 Martin Van Buren 10 William Henry Harrison 0 Abraham Lincoln 48 Andrew Johnson 79 Woodrow Wilson 1,803 Warren G. Harding 522 Franklin D. Roosevelt 3,522 Harry S. Truman 907 Dwight D. Eisenhower 484 John F. Kennedy 214 Lyndon B. Johnson 325 Richard Nixon 346 Gerald R. Ford 169 Jimmy Carter 320 Ronald Reagan 381 George H. W. Bush 166 Bill Clinton 308 George W. Bush 291 Barack Obama 276 Donald Trump (2020) 220142 . federal executive departments – created by Congress . Deal with daily enforcement and administration of federal laws . 15 departments – heads chosen by the president and approved with the "advice and consent" of the U.S. Senate EXECUTIVE . 15 heads = a council of advisers ("Cabinet“) . + a number of organizations grouped into the Executive Office of the President POWERS . White House staff . National Security Council . Office of Management and Budget . Council of Economic Advisers . Council on Environmental Quality .
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