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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 
 
 Topic 64
US ación territorial, el presidente, el
SA: La constitucción, la organiza e congreso, los partidos políticos y el sistema electoral. 2

Ta
able of contents.
1. Political In
nstitutions. __________
_ ____________________
_________________________ 3
1.1. Historiccal origins: The Constittution. _______________
___________________________ 3
1.2. The con
nstitutional framework.. ____________________
___________________________ 4
1.2.1. Fedeeralism. _____
__________________________________________________________________ 5
1.2.2. The separation off powers. ____________________________
______________________________ 5
1.2.3. Check and balancces. ______________________________________________________________ 6
1.2.4. Connstitutional chaange. ______________________________
______________________________ 6
1.3. The pollitical Partiees. _____________________________
___________________________ 7
1.3.1. Diffferences betweeen the partiess. ______________________
______________________________ 8
1.4. The leggislative bran
nch. ____________________________
___________________________ 9
1.4.1. Diffferences betweeen the chambbers. ___________________
______________________________ 9
1.4.2. Pow
wers and functions of congreess. ____________________
_____________________________ 10
1.1.3. Sum
mmary _______ ____________________________________ _____________________________ 11
1.4.4. The committee syystem. ______________________________ _____________________________ 12
1.4.5. Howw a bill becom
mes an act. ___________________________
_____________________________ 12
1.4.6. Conngressional eleections. _____________________________
_____________________________ 13
1.5. The exeecutive bran
nch. ____________________________
__________________________ 14
1.5.1. Quaalifications forr and powers of
o the presidenncy. ________
_____________________________ 15
1.5.2. Pressidential electiions. _______________________________ _____________________________ 17
1.5.3. Sum
mmary. ______ ____________________________________ _____________________________ 18
1.5.3. Sum
mmary. ______ ____________________________________ _____________________________ 19
2. State and local
l govern
nment. ____
____________________
________________________ 19
2.1. The Plaace of State Governmen
nt in Americcan Federaliism. ______________________ 19
2.2. The Strructure of Sttate Govern
nment. _______________
__________________________ 20
2.2.1. Paraallel structuress. __________________________________
_____________________________ 20
2.2.2. Diffferent structurres. ________________________________
_____________________________ 21
2.2.3. Sum
mmary. ______ ____________________________________ _____________________________ 22
Biibliography __________
_ __________
____________________
________________________ 22
Su
ummary _______________________
____________________
________________________ 23

Iván Mattellanes’ Notes

 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 3

POLITICAL INSTITUTIONS.
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
Constitutional framework
has changed in America since 1776. The constitutional framework from from 1787 has endured
because it has been open
1787 has endured because it has been open enough to assimilate enough to assimilate
several important extra
several important extra constitutional elements. constitutional elements.

1.1. Historical origins: The Constitution. Historical Origins.

The British authorities initially allowed the American colonists in New British authorities
allowed to create political
England and Virginia to create political institutions with little outside institutions with little
outside interference.
interference. This tradition of self-government inspired the Tradition of SELF-
GOVERNMENT.
Independence Movement; formed the foundation of the State
Independence Mov.
constitutions; and served as the model on which the Federal State Constitutions.

government was created. Federal Government.

In the first glow of Independence, most American opposed a Most American

opposed a strong
strong central government, which they identified with British central government.

oppression. The ancestor to the US constitution (The ARTICLES OF THE

ARTICLES OF THE
CONFEDERATION:.
CONFEDERATION), established a free league of Independent States under a
No executive/judicial branch
very weak central government. With no executive or judicial branch,
One-house legislature.
the National government consisted only of a one-house legislature that lack Lack financial, diplomatic
and military power.
financial, diplomatic and military power.
By the later 1780s, the chaotic condition of the country’s economy FEDERALISTS.
Chaotic country’s
and international relations made members of the merchant classes economy &
international relations
made members of the
support affords to establish a stronger central government merchant classes
force a stronger
(FEDERALISTS). Federalists agreed with the constitution drafted in central government.

Philadelphia in 1787. The 13 original states ratified the Constitution on A constitution drafted
in Philadelphia in 1787.
the understanding that 10 Amendments, including many Antifederalists BILL OF RIGHTS: 13
original states ratified
demands, were added. The first session of the Congress formally proposed the Constitution on the
understanding that 10
these 10, later known as the BILL OF RIGHTS, and the states ratified them in Amendments, including
many ANTIFEDERALISTS
1791. demands, were added.

Iván Matellanes’ Notes

 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 4
The Constitution:
The 1787 Constitution returned to the colonial tradition of a Returned to the colonial
tradition of a three
government with three branches (legislative, executive and judicial). branched government.

The different branches were obliged to co-operate in order to govern. The

free confederation became a National Federation in which the government Federal government is
given specific powers.
was given specific powers to remedy the weakness of the Articles, though
States sovereignty was
the states sovereignty was guaranteed by the constitution and the guaranteed by the constitution
th
and the 10 Amendment.
10th Amendment. Three main compromises
were necessary to gain
In addition, three main compromises were necessary to gain approval from the states:
approval from the states.
The first compromise was to balance the representation of small and 1. Small & large states
balanced representation
large states in the two chambers of the congress. In the HOUSE OF in the two chambers of
the congress.
REPRESENTATIVES (=HR), the number of seats per state is proportional to House of Representatives
seats proportional to the
the population. In the SENATE, every State was given two seats. population.

The Second was necessary to patch over conflicts btw North & South. The Senate every state has
two sits.

HR was dependent on population, so, for southern states, it was 2. North-South conflict:
Determine how to count
essential to determine how to count the people in each state. Native the people in each state.
Natives = foreigners.
Americans were not a problem, as they were considered members of a
Slaves 1/3 of southern
foreign nation. Slaves was another matter. In the South, they made up population.

1/3 of the total population (in the North slavery was almost abolished). The 3/5 of the slaves would
count for representation
compromised stated that 3/5 of the slaves would count for in the HR.

representation in the House.

3. Economic compromise
The Third is an economic compromise permitting the Congress to tax permitting the Congress
to tax imports but not
imports but not exports. exports.

1.2. The constitutional framework. 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.

Iván Matellanes’ Notes

 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 5

1.2.1. Federalism. FEDERALISM.

The US has a hierarchy of law and the federal constitution is the Federal Constitution.

HIERARCHY OF LAW.
Interpret
supreme legal authority to which all other law must conform. The Supreme Court
States’ Laws must obey the rules of the State constitutions, and the Cannot contradict
States’ Constitution.
States’ legal structures must not contradict the US constitution. This obey
Law.
hierarchy of law led the federal Supreme Court to assume the role of final
interpreter of the US Constitution.
Political union in which the
The constitution establishes the principle of federalism as governing power is shared
btw the National
fundamental to American government through the concepts of Government & the states.

“reserved” and “delegated” powers in the 10th Amendment, which “Reserved” & “delegated”
powers in the 10th Amendment.
confirms that the powers not delegated to the Federal government
The powers not DELEGATED to
were reserved to the States or the people. These concepts indicate a the Federal government were
reserved to the States.
political union in which the governing power is shared btw the
National Government and the states. 3 most imp DELEGATED
powers to the Federal
The three most important delegated powers to the Federal government:
Tax & spend for the
government are: The powers to tax & spend for the general benefit, to general benefit.

regulate international & interstate commerce & to declare war. Regulate international
& interstate commerce.
The provisions for amending the federal Constitution also stress Declare war.

the federal principle. Amendments can be proposed by 2/3 majorities in Amending the federal
Constitution:
Congress (both the HR and the Senate) or by a constitutional convention 2/3 in the Congress.
called by 2/3 of the states. Constitutional convention
called by 2/3 of the states.

1.2.2. The separation of powers. SEPARATION OF POWERS:

Articles I to III of the Constitution create a federal government with Federal government
with 3 branches.
three branches: The legislative (Congress: HR & Senate); the executive
(The President) and the judiciary (The US supreme court and other federal Legislative, executive
1 & judiciary.
courts). In this NON-PARLIAMENTARY SYSTEM , no person may serve in more
NON-PARLIAMENTARY
than one of the branches at the same time. Thus, the President and the SYSTEM.

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.

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 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 6

The separation of powers is institutionalized in other ways as well. Representatives, Senators

& the President are elected
Representatives, Senators and the President are elected through through independent
elections which do not all
independent elections which do not all occur at the same time. Every occur at the same time.

4th year the electors for the President, one-third of the senators & all of the
Presi: 4 years.
representatives are elected at the same time; but the PRESIDENT serves a
Senator: 6 years.
fixed term of 4 years, the SENATOR 6 years & the REPRESENTATIVE 2 years.
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 Consequences:

president and that senators elected together never run together again President & senators
elected together never
run together again for the
for the re-elections to their offices. Another importance consequence is re-elections to their offices.

that one or both of the Houses of congress are often controlled by one One or both of the Houses
of congress are often
major party while the presidency is held by the other. controlled by one party
while the presidency is
held by the other.

1.2.3. Check and balances. CHECK & BALANCES:

The branches must also share power through a system of checks
Federal judges are
and balances. Federal judges, including the justices of the Supreme Court, nominated by the Presi &
confirmed by the Senate.
are nominated by the President, but their appointment must be confirmed
Treaties negotiated by the
by the Senate. Treaties negotiated by the executive branch and the executive branch &
Presi’s candidates for
President’s candidates for other high federal offices must also win other high federal offices
need Senate approval.
senatorial approval. The president can veto laws passed by the Congress, Presi can veto a law
which can be overridden
but that veto can be overridden by 2/3 majorities in both chambers. by 2/3 in both chambers.
Bills must pass both the Senate and the HR. Finally, the Congress can Bills must pass both
chambers.
remove members of the executive and judicial branches from office Congress can remove
executive & judicial
through IMPEACHMENT procedures. The Representatives decide whether a members: IMPEACHMENT.

public official is to be tried and defines the charges and the Senate acts as REPRESENTATIVES decide
whether a public official is
to be tried & defines the
judge & jury. charges.

SENATE acts as judge & jury.

1.2.4. Constitutional change. CONSTITUTIONAL CHANGE:
Important changes in the constitutional framework have come Formal: AMENDMENTS.
Improve federal power &
through both formal and informal means. That is, through the democratized participation
in government
Amendment process as well as through evolving customs. Amendments Informal: EVOLVING
CUSTOMS: political parties,
have generally improved federal power, while reducing states’, and have Primary elections,
Committee system and
democratized participation in government. 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. 7

Improve federal power Democratize participation in government

th
13 → Abolish slavery.

CIVIL
WAR
14th → Former slaves become US citizen.
15th → Male slaves right to vote.
th
16 → Gave the Federal government much 17th → US Senators by popular vote
grater Federal power. Right to tax incomes. 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 political parties.

The Founding fathers viewed political parties as factions FOUNDING FATHERS viewed
political parties as
(dangerous groups because they pursue narrow private interests rather than a factions & designed a
system that was meant to
common good). They therefore tried to design a constitutional system that keep them divided.

was meant to keep factions divided so that no one of them could gain
Ironically, Constitution
significant power. Ironically, parties emerged almost immediately, and it was one cause of parties’
appearance.
can be argued that the Constitution was one cause of their appearance.
Founders set up a system
The Founders set up a system that encourages two parties, rather that encourages two
parties, rather than no
than no parties. Only one person is elected from each electoral system and parties.

that person needs only a plurality (more votes than any other candidate) to win
the election. 3 main features:

The party system possesses 3 main features:

- The national & state parties are much decentralised. National National & state parties are
much decentralized.
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 American parties are non-
ideological.
industrial nation, there is no major socialist or labour party.
- Owing to the decentralised, electioneering & non-ideological character of
Policy decisions of
the parties, the policy decisions of government are determined government are
determined much less by
much less by intra-party politics. 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. 8

1.3.1. Differences between the parties. DIFFERENCES BTW THE PARTIES:

There are two main parties in the USA common politic life: The REPUBLICAN PARTY.

DEMOCRATS & the REPUBLICANS. Traditionally, Republicans consider DEMOCRAT PARTY.

Left-winged parties are

themselves much more conservative than Democrats. If we bear in mind not very popular.

that left-winged parties are not very popular in the USA, we clearly have Ideological basis:
REPUBLICANS:
two right-winged parties from which one is more conservative than the other. Further to the right.

Each party has liberal & conservative wings. However, the ideological Minimum regulation of
business.
basis of the REPUBLICAN PARTY is further to the right. Since 1930 this has Low taxes.

meant that Republicans have tended to be the party of small government, Private solutions to
poverty & social prblems.
minimum regulation of business, low taxes and private solutions to
DEMOCRATS:
Government intervention
poverty & social problems. DEMOCRATS, on the other hand, have been more in the economy.

sympathetic to government intervention in the economy, the creation of Creation of a public social
safety net.
a public social safety net, and the union movement. Democrats have also Union movement.

favored civil rights and affirmative action programs for minorities, gun Action programs for
minorities.
control, and unrestricted abortion rights. Gun control.

A range of economic and social indicators also show differences in Unrestricted abortion rights.

the groups that identify with the major parties. DEMOCRATS tend to have lower Economic & social indicators:
Less educated &
incomes, be less educated, have less prestigious occupations, and be

DEMOCRATS:
prestigious occupations.
more urban than REPUBLICANS. They are also more often members of racial Lower incomes.

minority groups. More urban.

Members of racial
Until recently, major North-American parties were distinguishable minority groups.

by their strength in different regions of the Nation. In the Decades after

History of division:
the Civil War, the South blamed Lincoln’s Party (Republican) for the After the civil War:
South → Democrats;
war and so voted almost exclusively to the Democrats. The rest of the North → Republicans.

Nation tended to be heavily republican. Btw 1890s and 1930s this 1890s - 1930s: Regionally
division gradually
regional division gradually disappeared. Roosevelt complicated this disappear.

picture, because he forged a national majority by appealing to both the 1932 - 1968: Roosevelt.
DEMOCRATS: conservative
white supremacy South and the urban multi-ethnic North. From 1932 in the South & Liberal in
other regions.
until 1968, Democrats were conservative in the South but often Liberal 1968 – mid-1990s:
Conservative Southerners
in other regions of the country. Btw 1968 to the mid-1990s, the have increasingly voted
Republican & the liberal
Conservative White Southerners have increasingly voted Republican Northerners Democrat.

and the liberal Northerners Democrat.

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 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 9

1.4. The legislative branch. 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. DIFFERENCES BTW THE CHAMBERS:

While the chambers of Congress are in theory equally powerful, there are HR reflects the current
views of local voters.
several significant differences in their membership, organization and HR:
Elections every 2 years.
practices. As originally intended, the HR continues to respond more quickly
Small geographical units.
than the Senate to the electorate’s mood. Elections every two years in
Senate:
smaller geographical units allow Representatives to more closely reflect Elections every 6 years.

Represent whole States.

the current views of local voters than do SENATORS, who serve six-year
terms and represent whole states. Constitutional differences:

Senate:
There are constitutional differences btw the chambers as well. To 30yo,
Citizen for +nine years,
qualify for a seat in the SENATE, a person must be 30yo, a citizen for nine Resident of the State
HR:
years, and a resident of the State where elected. REPRESENTATIVES must be 25yo,
Citizen for +seven years
25yo, seven years of citizenship and a resident of his/her district. Resident of his/her district.

Size is the constitutional difference that has the most important Size is the constitutional diff
that has the most imp effects
effects on the differences btw the chambers. Because of its much greater on the diffs btw chambers.

size, the HR must regulate its business. The SPEAKER of the HR and RULES HR must regulate its time

SPEAKER:
COMMITTEE are given considerable power to schedule the work of the Influences the assignment
members to committees;
chamber, limit debate and restrict amendments to a bill from the floor. Decides which bills are
brought up for a vote;
The SPEAKER also influences the assignment of members & bills to Power over who speaks.

committees, decides which bills are brought up for a vote and has total Chosen by the
majority party.
power over who speaks during a debate. The SPEAKER is chosen by the Majority party also
elects a MAJORITY LEADER
majority party. The majority party also elects a MAJORITY LEADER as the as the SPEAKER’s next in
command & a WHIP to
SPEAKER’s next in command & a WHIP to help collect votes. 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

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 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 10

elect a temporary president in the Vice-President’s absence. Most SENATE does not have
such problems.
members usually find that position so powerless that it is given to the junior No one w/power
comparable to the
Senator. The real leader is the Majority Party Leader, but even he has no Speaker.
formal power to limit debate or amendments. Members can therefore Vice-President as the
president of the Senate.
engage in a FILIBUSTER (an attempt to defeat a bill by debating until its
Junior senator is the
supporters withdraw it so that other business can be finished). Only if temporary president.
Real leader → MAJORITY
60 members vote for “cloture”, which limits speeches to an hour, can PARTY LEADER.

filibuster be stopped. In fact, filibusters seldom occur. When they do, it signals No formal power to limit
debate or amendments.

an issue so important that Senators are unable to compromise. FILIBUSTER: attempt to stop
a bill by debating until its
supporters withdraw it.
1.4.2. Powers and functions of congress.
Article I, Section 1 of the Constitution grants Congress “all legislative POWERS & FNS OF
THE CHAMBERS:
powers” in the federal government. Only Congress can make laws and Congress can make laws.
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.
HR Members are truly
Members are truly representatives of their constituencies (=electoral representatives of their
constituencies.
districts) and much of their work involves “casework” (groups’ or voters’
Make the federal budget.
complains of their constituency). It can make the federal budget. No federal
funds can be raised, allocated or spent without its approval and direction. Regulate foreign &
interstate commerce.
Congress also has the constitutional authority to regulate foreign and
Raise, finance & regulate
interstate commerce. Congress alone has the power to raise, finance and military forces and to
declare war.
regulate military forces and to declare war. Finally, the Congress, not the Establishes the executive
departments & agencies
President, establishes the executive departments & agencies that compose that compose the
executive branch.
the executive branch.

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USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 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) SPEAKER: (≈President)

Powerless position. Assignment of members to committees.
Vice-President is the former president. Decides which bills are brought up for a vote.
Power over who speaks.

MAJORITY LEADER: (real leader) MAJORITY LEADER:

No power to limit debates or amendments. SPEAKER’s next in command

Representatives of their constituencies Representatives of their States

The Senate elects the Vice-president in similar The HR elects the President if no candidate
circumstances. receives a majority of electoral college votes.

The house enjoys “The sole power of The senate is assigned “the sole power to try all
impeachment” 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 Establishes the executive departments &
need senatorial approval (Judges from the agencies that compose the executive branch
Supreme court, ambassadors, consuls …)

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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USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 12

1.4.4. The committee system. COMMITTEE SYSTEM:

Congress does most of its work in committees, in which individual Congress does most of its
work in committees.
members gain the expertise & power to make their mark on public policy.
Assigns members to
Committees are an indispensable tool for the division of labor. The specific legislative work.

committee system assigns members to specific legislative work; the Supervision of executive
departments/agencies.
supervision of executive departments/agencies; and in the case of some Questioning the President
nominees for high office.
SENATE committees, the job of questioning the President nominees for
high office.
Naturally, members do their best for assignments on committees Members do their best for
assignments on
whose work is of the greatest concern to their states or congressional committees whose work
is concern to their states
districts. The most senior member has been traditionally given the or congressional districts.
Traditionally, the senior
chairmanship of the committee and through this position has exercised member has been the
committee’s chairmanship.
considerable control to “kill” a proposal. Since 1970s, chairman has been
Now, secret ballot.
chosen through secret ballot.

1.4.5. How a bill becomes an act. BILL → ACT:

Bills can be introduced only in one chamber first or in both Bill introduction:
-One chamber first.
simultaneously. The steps in the law making process are similar in both -Both at the same time.

chambers. After its introduction, the bill is referred to a committee which Committee.
usually refers it to a sub-committee. There members expose their own
Sub-Committee:
views and reports from experts and lobbyist (=”grupos de información”) are also Members expose views;
Reports from experts;
heard. Once a text has been written and revised, it is returned to the
lobbyist.
Write and revise text.
committee, which revises it again before sending it to the chamber for
Committee:
debate. Revise text.

Most bills die in committee or subcommittee because they were Chamber for debate.

introduced only to publicize a member’s willingness to “do something”

about an issue. If a bill is passed in both chambers simultaneously, the President’s signature
or veto.
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.

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1.4.6. Congressional elections. THE CONGRESSIONAL ELECTIONS:

Elections for Congress take place in two diff SUBDIVISIONS OF THE NATION: Subdivisions of the Nation:

Congressional districts, each of which chooses one member of the HR, Districts: 1 HR.
All members every 2 years.
and States, each of which selects two members of the Senate.
Congressional elections take place every two years, when all members States: 2 Senators.
Every 2 years 1/3 Senators.
of the HR and 1/3 of the Senate face re-election.
House Representatives:
The HR expanded as new states entered the Union and their population
HR expanded as new
grew. In 1929 the size of the House was fixed at 435 (+3 additional non- states entered the Union.
In 1929 the size of the
voting delegates from Columbia). Since then, the seats have been divided House was fixed at 435.

among the states according to the population by a process called +3 additional non-voting
delegates from Columbia.
REAPPORTIONMENT after every 10 year federal census. The Constitution REAPPORTIONMENT: Seats
have been divided among
guarantees each state a minimum of 1 representative. The number any the states according to
their population.
state has above this minimum depends on how large its population is Minimum of 1
representative.
compared to that of the other States. Since the size of the HR is constant,
Supreme Court’s Baker
States with declining population loose seats and those with growing population vs. Carr (1962):
REAPPORTIONMENT must
gain seats. The 1962 Supreme Court ruling Baker vs. Carr required that follow the one-man-one-
vote principle.
REAPPORTIONMENT followed the one-man-one-vote principle by creating Congressional districts
w/equal populations
congressional districts with equal populations (≈ 530,000 people) (530,000).
Senate:
The 50 two-member constituencies for the US SENATE are the major
Constituencies function as
exception to the basic principle of single-member electoral districts in one-member districts
because, only one of the
US politics. In practice, even these constituencies function as one- two Senators is elected
in an electoral year.
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.

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 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 14
The way to the Congress:
In the US, the Congress does not choose the chief executive. Its
Members of the Congress
members can vote without fear that government will fall if they do not support are loyal to their State or
congressional district,
their party on important issues. This means that they can give their first rather than to the party or
chief executive.
loyalty to their State or congressional district, rather than to the party
Parties cannot even
or chief executive. Members of Congress owe their seats to elections, control who enters
congressional 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. For a seat, a candidate
must usually win a
To run for a seat in Congress, a person must usually win a primary primary election first.

election first. Two or more candidates compete in a primary. They may They can propose
themselves or be
propose themselves or be recruited by the party. State law often requires recruited by the party.

people to document their seriousness by collecting a certain number of Collect a certain nº of

signatures supporting
one’s candidacy.
signatures supporting their candidacy before their names are put in the
primary ballot.

1.5. The executive branch. The executive Branch.

Some 3,000,000 people work in this largest branch of the federal

3,000,000 people work in
government. The degree of control that the President has over the departments, this largest branch.

independent agencies and government corporations that make up the federal

Over a 99% of executive
bureaucracy depends on the arrangements set up by the Congress. Over a 99% branch employees are
not chosen by the Presi.
of executive branch employees are not chosen by the President. He
Must be approved by the
nominates the highest officials in the executive branch, who lead the Senate:
Highest officials in the
departments, the chief administrators of agencies & commissions, the executive branch; Chief
administrators of
officers of US embassies … His appointments to these offices must be agencies & commissions;
Officers of US embassies.
approved by the Senate. Only roughly 2,000 positions in the Executive Roughly 2,000 positions
are filled without
Office are filled without congressional approval. congressional approval.

Iván Matellanes’ Notes

 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 15

1.5.1. Qualifications for and powers of the presidency. QUALIFICATIONS FOR & POWERS OF THE PRESIDENCY:

The President must be a natural-born USA citizen, at least 35yo, Natural-born USA citizen.

At least 35yo.
and have been a resident of the US at least 14 years. He is more
Resident of the US at
independent than many chief executive officers of most democratic least 14 years.

governments because he is elected separately from the Congress and He is independent.

Elected separately from

cannot be removed from office by a vote of non-confidence like Prime the Congress & cannot
be removed from office
Ministers. like PMs.

The price of his independency is: Having no guarantee of Price of independency.

majorities in the Cambers of Congress; the difficulties of lobbying for No guarantee of

majorities in the
support in an institution of which he is not member; and the limits put Diff of lobbying in an
institution of which he is
on his powers by the system of checks and balances. However, the Chief not member.

executive is the only official elected by a vote of citizens in all the States, Limits his powers by the
sys of checks & balances.

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.
Presidential duties: Circumstances.
His most important extra-constitutional responsibilities are acting Act as chief of State
and Party leader.
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.
Foreign policy leader.
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 2/3 approval of the Senate
for ratification of a treaty
branch has mostly developed a dominant position. Presidents have learnt to and simple majority for
confirmation of diplomatic
“avoid” the constitutional clauses that require approval by 2/3 of the appointments.

Senate for ratification of a treaty and simple majority for confirmation of NATIONAL SECURITY
ADVISER: President’s main
diplomatic appointments. The NATIONAL SECURITY ADVISER, who owes his adviser in foreign policy.

Four organizations support

position solely to the President’s choice, has become most President’s main his foreign affairs policy:
- The Department of State;
adviser in formulating foreign policy. In addition, the President has at his - The Defense department,
- The CIA;
disposal four major organizations to support his conduct of foreign - The National Security
Council.
affairs: The DEPARTMENT OF STATE, the DEFENSE DEPARTMENT, the CIA, and the
NATIONAL SECURITY COUNCIL.

Iván Matellanes’ Notes

 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 16
Presidential duties: Constitutional.
The office’s constitutional powers are the result of interpreting the
Result of interpreting the
rather vague phrases in the Constitution. He is the administrative head rather vague phrases in
the Constitution.
of the Nation because the Constitution states that the “executive power must Administrative head:
See that the laws are
be vested in the President”. So, he is required to see that the laws are carried out.

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 Commander-in-chief:
Highest ranking officer.
the highest ranking officer in the armed services, but gives Congress
Congress has the
the power to declare War. The Founders’ attempt to give the Congress power to declare War.

1973 the WAR POWERS

control over the executive’s military power was not enough and Congress ACT: Need of Congress
approval for the
passed in 1973 the War Powers Act (Congressional approval for the deployment of US troops
abroad within specified
time limits.
deployment of US troops abroad within specified time limits)
The President’s role as legislative leader develop partly from Constitutional President as legislative
leader.
clauses requires him to inform the Congress about the STATE OF THE UNION Informs the Congress about
the State of the Union &
and to suggest the measures he considers necessary. The President did suggests necessary actions.

not usually set the legislative agenda until the 20th Century.
If the President is effective as legislative initiator and lobbyist, he has less need Veto Power.
Veto message that
of his veto power. He can refuse to approve a bill in 2 different ways: by explains his objections.

sending a veto message that explains his objections or by not signing a POCKET VETO: not signing a
bill that comes 10 days
before the adjournment of
bill that comes 10 days before the adjournment of Congress (POCKET Congress.

VETO). The President’s veto power is limited. Congress may override it and Congress may override the
veto & the President can
not reject some parts of the
the President can not reject some parts of the bill while accepting others. bill while accepting others.

Presidential duties: delegated by Congress.

In 1921, Congress weakened its monopoly on the “power of the Purse” BUDGET AND ACCOUNTING
ACT: Delegates to the
by the BUDGET AND ACCOUNTING ACT, which delegated to the President the Presi the power to screen
the budget proposals of
power to screen the budget proposals of the executive branch the executive branch
departments & agencies.
departments and agencies.

Iván Matellanes’ Notes

 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 17

1.5.2. Presidential elections. 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 1. States narrow the field
of candidates to one
the field of candidates to one from each major party. Most states use from each major party.
Most states use
presidential primaries for this purpose, but a few hold party meetings called presidential primaries for
this purpose but others
presidential caucuses, both being indirect. Party voters choose delegates use party meetings called
presidential caucuses.
who will nominate a candidate at the Summer party’s National
Indirect elections: choose
Convention. Most primaries are closed, that is, they are elections in which delegates who will
nominate a candidate at
only registered party members can vote. In the open primaries allowed by six the National Convention.

states, voters from either party can participate. During the “primary season”, Most primaries are closed.

the Media keep counting the delegates elected in each State and
usually the choice is clear before the Summer convection. 2. National Party Convention
chooses the candidate.
In Summer, a National Party Convention chooses the Party candidate.
Caucuses and primaries
If no candidate has accumulated a delegate majority by the end of the bind delegates only on the
PRESIDENTIAL ELECTIONS:

first ballot.
Primaries the situation may become interesting. Caucuses and primaries
If no candidate wins a
bind delegates only on the first roll-call ballot of the States. If no majority, delegates are
free to switch loyalties.
candidate wins a majority, delegates are free to switch loyalties on succeeding
ballots. 3. People give their votes
to State electors. So, final
In November, people give their votes to State electors, who will form elections are also indirect.

the Electoral College. Therefore, final elections are also indirect. In Popular vote is counted
by State.
accordance with the Constitution, the popular vote is not counted nationally, Each state receives a
number of votes in the
but by State. Each state receives a number of votes in the college equal college equal to the sum
of its members in
to the sum of its members in Congress (2 Senators + HR + 3 Columbia = 538 Congress (2 Senators +
HR).
electors). The members of the Electoral College travel to their respective State District of Columbia
has three votes.
capitals and transmit the ballots that officially decide the election when Officially, they are counted
in the Senate in January.
they are counted in the Senate in January. The candidate who wins in
WINNER-TAKE-ALL SYSTEM:
a State (even for one vote difference) receives all the State’s votes in the candidate who wins in a
State receives all the
college (WINNER-TAKE-ALL SYSTEM). The Supreme Court has determined State’s votes.

that States cannot require electors to vote for that candidate, but since Supreme Court has determined
that States cannot require
1820, only 4 electors have not. electors to vote for that
candidate, but since 1820, only
4 electors have not.

Iván Matellanes’ Notes

 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 18
Debate about whether
There has been a debate about whether indirect election of the indirect election of the
President should go on.
President through the electoral colleges should be continued, but no Critics: Possibility of a
candidate to win the
serious effort to change it has emerged. Critics to the system state the popular vote but loose in
the college.
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: College vote
produces a clearer result
by exaggerating the
Supporters of the status quo note that the college vote produces a clearer margin of victory in the
popular vote.
result by exaggerating the margin of victory in the popular vote. Those
Indicates the importance
in favor also emphasize that the electoral count correctly indicates the that the most populous
States should have in a
importance States should have in a Federal system and the importance that Democracy.

the most populous States should have in a Democracy.

Electoral College
Iván Matellanes’ Geography (2004)
Notes
 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 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 Congress declares War.
1973 WAR POWERS ACT: Need of Congress
ranking officer
approval for the deployment of US troops abroad
within specified time limits.
2/3 of the Senate Approval for ratification FOREIGN POLICY LEADER with the
of a treaty and simple majority for
aid of a National security adviser.
confirmation of diplomatic appointments
In 1921, the Congress weakened its BUDGET AND ACCOUNTING ACT: The
monopoly on the “power of the Purse” by
President can screen the budget
the BUDGET AND ACCOUNTING ACT
proposals of the executive branch
departments & agencies.
VETO POWER: President can not Veto can be overridden by 2/3 majorities in both Color → Relation.
chambers.
reject some parts of a bill while PRESIDENT DUTIES.
Congress checks & balances
accepting others.

2. State and local government. STATE AND LOCAL GOVERNMENT.

The Place of State
2.1. The Place of State Government in American Federalism. Government in US.

A whole article of the main text of the Constitution (Article IV) Whole article IV of the
Constitution is devoted to
is devoted to the States. This article recognizes the limited sovereignty of the States.
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,
Delegated powers:
amendments to the US constitution can only be made with the - Coin money
- Their military service
approval of ¾ of the States. Of course, some powers are banned to the - Make war
- Conduct their foreign
States by the Constitution: They can neither coin money, nor conduct policy.

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’
Reserved powers:
Government. To the States were reserved the establishment of local - Local governments;
- Protecting public safety
governments. State functions include protecting public safety and morals and morals (police …);
(…)

Iván Matellanes’ Notes

 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 20

(police, fire/sanitation departments …). They also took responsibility for

Reserved powers:
furnishing educational and health facilities. Their powers included (…)
- Educational/Health
charging taxes to fund all these activities. facilities;
- charging taxes;
States wrote their own codes of civil and criminal law. Not least, state - Have their codes of civil
and criminal law;
legislatures determined voting qualifications and conducted elections for - voting qualifications and
conducted elections for all
levels of government
all levels of government.
Some government activities were commonly understood to be Concurrent powers:
- Lawmaking;
CONCURRENT POWERS (shared by the States and the National authorities), - Establishing courts;
- Taxing;
- Providing for the general
because the Constitution does not designate one level of government as welfare.
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
National government
the national government applies these powers to relations btw States, applies these powers to
relations btw States, while
each State exercises them
while each State exercises them only inside the State. only inside the State.

The Structure of the State Government:

2.2. The Structure of State Government.
The structure of State government parallels that of the Federal
government.
Parallel to that of the
2.2.1. Parallel structures. Federal government.

Each of them has a written constitution; each of them has also a Written constitution

separation of power among three branches, which share power through a

Separation of power
system of check and balances. among three branches.

All of the STATE LEGISLATURES, except Nebraska, have the same format STATE LEGISLATURES:
State Senate & State
as Congress with two houses, usually called the STATE SENATE and the STATE Assembly.
Work through committee.
ASSEMBLY. STATE LEGISLATURES also work through committees and pass
laws in a process very like that used in the Congress. Like the President, the GOVERNOR, enjoys the
powers of administration,
appointment and veto.
chief executive of a State, the GOVERNOR, enjoys the powers of
administration, appointment and veto.

Iván Matellanes’ Notes

 Topic 64
USA: La constitución, la organización territorial, el presidente, el congreso, los partidos políticos y el sistema electoral. 21

2.2.2. Different structures. Important differences in Structures.

There are, however, some important differences in the structure of State Constitutions.
They are several times
the State Government. State Constitutions are usually several times longer than the US
constitution because they
longer than the US constitution because they contain many more detailed are as detailed and as
accurate as possible.
provisions and much more specific Lg. The States constitutions tend to be as
Less adaptable to broad
explicit and accurate as possible. Such detailed documents are less interpretations and are
much more frequently
adaptable to broad interpretations and are much more frequently amended.
amended. NY State’s constitution has been amended over 200 times over
the last century.
Legislative Branch.
The legislative branches also have distinctive elements. Most State Most State legislators
are part-time lawmakers.
legislators (from both houses) are part-time lawmakers. They usually
divide their time btw the legislature and their own business. They do not run They do not run for re-
election as often as
for re-election as often as Congress Members do. Instead, they go back Congress Members do.
to their full-time job or use their government experience to enter a new line of
Over 1/3 of all members in
work. Thus, well over 1/3 of all members in State legislature are State legislature are new.

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. Executive Branch.
There are also important differences in the executive branch. Most
GOVERNOR IS STRONGER.

More control over the

Governors have two powers the President lacks: They usually have State Budget.
Line item veto (allows
more control over the State Budget and may also have the line item veto them to accept some parts
of the bill and vetoing
(allows them to accept some parts of the bill and vetoing others) others).
On the other hand, in many States the governor’s power is weaker than Not as many
GOVERNOR IS WEAKER.

appointments as the
the President’s. First, They are not free to makes as many appointments President does.
as the President does. Second, many states have a tradition of electing
People elect several of
several of governor’s departments heads. So, they are more independent governor’s departments
heads.
and they can even not belong to the governor’s party. Third, Governors have
Governors have less
less control over suggestions for new laws. control over suggestions
for new laws.

Iván Matellanes’ Notes

 Topic 64
US ación territorial, el presidente, el
SA: La constitucción, la organiza e congreso, los partidos políticos y el sistema electoral. 22
2
Jud
diciary Branc
ch.
The judiciary branch
b in State govvernment iss differentt from the federal
jud
diciary in two important wayss. First, many
m State
e and local judge
es are State, local & Supreme
es may be
Court justice
ele
ected, ratther than appointed,
a to terms that
t vary frrom 4 to 15
1 years. In
n many elected.
Sta
ates, even
n the Sup
preme Co
ourt justic
ces are elected.
e Se
econd, the
e State
State Supremme Court
Su
upreme Court
C cannot be su
ure of ha
anding do
own the final
f decis
sion in cannot be sure
s
down the fin
of handing
nal decision.
the
e most im
mportant ca
ases that com to it.. That is because
b th
he US Supreme
US Suprem me Court has
Co
ourt has the powe
er to review the constituti
c ionality of
o both Federal the power to review the
nality of both
constitution
an
nd State laws. Federal & State
S laws.

2.2.3. Summary.
STATES’ ORGANIZATION
R N FEDERAL ORG
GANIZATION
Co
onstitution (longer and moore accurate) Cons
stitution (shhorter and free tto interpretation
on)

Se
eparation off powers Sepa
aration of powers
p
Staate legislattures: (exceptt Nebraska) Conggress:
- State
S Senate.. (part-time law
wmakers) - Sen
nate. (full-timee lawmakers)
- State
S assembbly. (part-time lawmakers)
l - Hou
use of Repre esentatives. ((full-time lawmaakers)
Woork through committees
c & Subcommiittees Workk through committees & Subcommitte ees
Goovernor: Enjjoys the pow
wers of… Pres
sident: Enjoyys the powers of…
- Administrat
A tion, (Some deepartment’s heaads are elected by the - Administratio
on, (all his depa
partments headss are chosen byy the
peo
ople) Presid
dent)
- Appointmen
A nt, (not as manny appointments
ts as the Presi does)
do - Appointment
- V
Veto (LINE ITEM
M VETO [allows to
t accept somee parts of the billll]) - Vetto (the whole bill)
b
- B
Budget: (Govvernor have som
me control over the State Budgeget) - Budget: (Congre ress controls thee Federal Budge
et)
- (G
(Governors havee less control ove
ver suggestions for
f new laws) - gislative lea
Leg ader. (Can suuggest the Conggress new laws)
Judiciary branch: Judiciary branc ch:
- Appointmen
A nt (Local and Supreme
S judgess are elected) - Appointment (Supreme Judgges are appointe
ted by the Presiddent
underr the consent off the Senate).
- Last
L court of
o appeal (cannot
(c be suree of handing dow
wn the - Las st Court off appeal (USS Supreme Courrt has the poweer to
finaal decision) review
w the constitutio
onality of both FFederal and Stat
ate laws)

(D
Differences btw Structures)

Bibliogra
aphy
My own Notes fromm the UAB – Civvilización Norteaamericana, by Jo
oaquim Oltra
Mau d, J. (1995) Am
uk, D & Oakland merican civilizatio
on. An Introduct
ction.
Edittorial MAD
CED
DE
CEN
N

Iván Mattellanes’ Notes

 Topic 64: Brief summary
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 Æ chaotic condition of the country’s economy & international relations triggered changes in the ARTICLES OF CONFEDERATION.
___ 1787 Æ 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).
th
___ Federal government is given specific powers & States sovereignty was guaranteed by the constitution & the 10 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) Æ 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 Æ
Federal Constitution.
♦ The constitution establishes the principle of federalism as fundamental to American government through
TH
the concepts of “reserved” and “delegated” powers in the 10 AMENDMENT Interpret
FEDERALISM

___ The powers not delegated to the Federal government were reserved to the States or the people. Supreme Court
♦ The 3 most imp delegated powers to the Federal government are:
___ 1. The powers to tax & spend for the general benefit. Cannot contradict
___ 2. to regulate international & interstate commerce ___ 3. To declare war States’ Constitution.
♦ 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. obey
♦ Articles I-III of the Constitution create a federal government w/3 branches: a) The legislative (Congress: HR Law.
BALANCES SEPARATION OF POWERS

& 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.
CHECK &

___ 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 Æ 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
13 → Abolish slavery. 15 → Male slaves right to vote.
th th
Without amendment process.
CIVIL
INFORMAL

14 → Former slaves become US citizen.

th
WAR ___ Political parties
FORMAL

16 → Gave the Federal government 17 → US Senators by popular vote

th th ___ Primary elections
much grater Federal power. Right to tax ___ Committee system
19 → Women can vote
th
incomes. ___ Executive office of the President
26 → lowered the voting age the 18
th
___ Supreme Court’s power judicial review
- 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 Æ 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 governmentÆZero 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 ___ Popular in the North after the Civil War (Lincoln was Republican);
conservative in the S & Liberal in the N; Now, popular in the North. 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 ___ SPEAKER (≈President): Assigns members to committees &
Junior senator. The Vice-President is the former president. 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” Æ Judges & Jury ___ “The sole power to try impeachment” Æ Iván Matellanes’
Defines Notes
the charges.
___ The most important administrative appointments need senatorial ___ Establishes the executive departments & agencies that
approval (Judges from the Supreme court, ambassadors, consuls …) compose the executive branch
 Topic 64: Brief summary
24
Senate ♦ House of Representatives
___ The 3 main Fns of the senate: ___ Main Fns of the HR:
1. Advisory council to the president. 1. Make the federal Budget.
2. Protection to the smaller States. 2. Raise, finance & regulate military forces and declare war.
3. A conservative check on the popularity elected house. 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 Æ Committee Æ Sub-Committee Æ Back to committee Æ Debate in chamberÆ Presi’s sign/veto
st
_ 1 chamber 1 _ referred to a _ Members expose views. _ Revises it again before - veto the whole Bill
_ If a bill is passed in 2 sub-committee _ Reports from experts. sending it to the - veto can be
chambers _ Write & revise txt. chamber for debate. 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 Æ above this minimum depends on how large its population is compared to that of the other States.
> 1962 SC Baker vs. Carr Æ 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 Veto can be overridden by 2/3 Foreign policy leader with the aid of a
th
Union & suggest the necessary measures (until 20 C). majorities in both chambers. NATIONAL SECURITY ADVISER.
COMMANDER-IN-CHIEF: Highest ranking officer. 1973 WAR POWERS ACT: Need of Congress approval for the deployment of US
> 2/3 of the Senate Approval for ratification of a treaty and troops abroad within specified time limits.
simple-majority for confirmation of diplomatic appointments BUDGET AND ACCOUNTING ACT: The President hast the power to screen the
> In 1921, the Congress weakened its monopoly on the “power budget proposals of the executive branch departments & agencies.
of the Purse” by the BUDGET AND ACCOUNTING ACT
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 Æ 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.
st
> Caucuses & primaries bind delegates only on the 1 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.

- State & local government:

- 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 ♦ Congress: Work through committees & Subcommittees
___ State Senate. (part-time lawmakers) ___ Senate. (full-time lawmakers)
___ State assembly. (part-time lawmakers) ___ House of Representatives. (full-time lawmakers)
♦ Governor: Enjoys the powers of… ♦ President: Enjoys the powers of…
___ Administration (Sm department heads are elected by the people) ___ Administration, (all his departments heads are chosen by him)
___ Appointment, (not as many appointments as the Presi does) ___ Appointment
___ Veto (LINE ITEM VETO [allows to accept some parts of the bill]) ___ Veto (the whole bill)
___ Budget: (Governor have some control over the State Budget) ___ Budget: (Congress controls the Federal Budget)
___ (Governors have less control over suggestions for new laws) ___ Legislative leader. (Can suggest the Congress new laws)
♦ Judiciary branch: ♦ Judiciary branch:
___ Appointment (Local and Supreme judges are elected) ___ Appointment (Supreme Judges under the consent of the Senate).
___ Last court of appeal (cannot be sure of handing down the final ___ Last Court of appeal (US Supreme Court has the power to review
decision) 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.
Iván Matellanes’ Notes