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
. Candidate with lower popular support can win ! . 1876, 1888, 2000 and 2016 . 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