U.S. Political Culture

May 8, 2006

Who is this?

George Washington

Colonial Life

• Under British control for 100+ years

• Property, free religion & other rights

•Had about 4 million non-natives

“Rugged Individualism”

Success in life is pretty much determined by forces outside of your control (% Disagree)

“It is the responsibility [of the state] to take care of very poor people who cannot take care of themselves,” % Agree

It’s a Small Welfare State

After All

Low spending…Low taxes…

Colonial Life

•Was there an ethos of the “frontier”

• There were “no cats in America.”

Constitution

Constitutional Design

• Article I: Legislative

• Article II: Executive

• Article III: Judicial

• 6 other articles

• Only 8,000 words!

Checks & Balances(Separation of Powers)

• 1 Federal Government• 50 State Governments• 550 Federally-Recognized Indian Tribes• 3,043 County Governments• 19,279 Municipal Governments• 14,422 School Districts• 16,656 Townships and Towns• 31,555 “Special Districts”

Federalism in the US

• Anyone care to guess how many people hold elected office in the United States?

Ohio Congressional Districts

Changing Locations of “Government”

• 1806

• 1906

• 2006

The Size of the Election Reform Problem

• 1.4 million poll workers

• 700,000 voting machines

• 200,000 polling places

• 7,000 + election-district jurisdictions

• 3,000 + counties

• Each state with different rules

Federalism

Who are the Partisans?

Democrats• Minorities esp. blacks• Least and most educated• Lowest income• Northeast• Single and female• Unionized• Jewish and nonreligious• Liberal

Republicans• White• Higher incomes• Married with children• South• Male• Protestant and religious• Conservative

U.S. Voter Turnout is Low

Why Two Parties?

Minor Parties in U.S. History

Single Member DistrictsPlurality Rule

Grovner 27%Patterson 21%Aquino 18%Philips 14%Hartpense 11%Mackerson 9%

Grovner 27%

Patterson, Aquino, Mackerson48%

Philips 14%Hartpense 11%

Grovner, Philips, Hartpense(Party 1)

52%

Patterson, Aquino, Mackerson(Party 2)

48%

Denmark -- Proportional Representation

U.S. Political InstitutionsMay 10, 2006

The Basics

• House– 435 Members

– 2 Year Terms

– Committee Dominant

– Majority Party Dominant

– 109th Congress

– Lots of Staff

• Senate– 100 Members

– 6 Year Terms

– Committees Important

– Majority Party Important

– 109th Congress

– Even More Staff

• Introduction & Referral

• Committee Hearings

• Committee Markups

• Committee Reports

• Schedule Floor Action (Rules, UCRs)

• Floor Votes

• Conference Committee

• Conference Report & Floor Vote

• Presidential Signature (or Veto)

How a Bill Becomes a Law

The 2.6 Trillion Dollar Budget

The Basics

• Presidents elected to 4 year terms.

• May serve no more than 2 terms. (22nd Amendment)

• Must be a U.S. born citizen, at least 35 years old, who has lived in the U.S. for a minimum of 14 years.

Formal Presidential Powers

• Administrative head of government

• Commander-in-Chief of military

• Veto (or sign) legislation

• Nominate judges, cabinet secretaries

• Treaties, pardons, convene Congress

Formal Presidential Powers

• May not introduce legislation (cf. prime minister)• May not declare war• Legislative oversight• Judicial review• Impeachment possible• Must use “bully pulpit” and persuasion• “Go public”

Limits on Presidential Power

1. Chief of State (ceremonial)2. Chief Legislator (State of the Union)3. Chief Executive4. Opinion Leader (set national priorities)5. Chief Diplomat6. Commander in Chief7. Party Leader

Presidential Roles

• Congress (Article 1, Section 8, “elastic clause.”

• States (10th Amendment -- reserves powers to the states)

• President (Inherent Powers -- largely through Congressional delegation of powers.)

Review of Various Powers

Presidency isMany People

EOP: OMB, NSC, CEA, “czars,” VP,and WHO

WHO: close advisors,no Senate approval

Civilian Employees in Cabinet Departments

• Agriculture 109,000• Commerce 36,000• Defense 834,000• Education 5,000• Energy 21,000• Health and Human Services 62,000• Housing and Urban Development 13,000• Interior 76,000• Justice 102,000• Labor 18,000• State 25,000• Transportation 65,000• Treasury 161,000• Veterans Affairs 224,000

The Basics

• Article 3 creates the Supreme Court, but specifics of design were left to Congress

• 9 Justices on the Supreme Court, and they may serve for life

• State & Federal Courts are Separate

• Civil and Criminal treated differently– 300,000 federal cases filed annually, 80% are

civil.

Qualifications

• Federal judges serve for life (“good behavior”)

• Chosen by president with “advice and consent”of the Senate

• No age limits or other requirements

• Size of Court? age? citizenship? education?

Powers

• Original jurisdiction: ambassadors, U.S. is a party, where states are the parties

• Appellate jurisdiction: all other cases (99%)(court of last resort, final interpreter)

• Judicial review?

• Lower courts to be created by Congress

Greatest Supreme Court power not in Constitution!

Established by Marbury v. Madison (1803)

Judicial Review has come to encompass:

– Power to declare national, state and local Laws invalid if they violate the Constitution

– Supremacy of federal laws or treaties

– Role of Supreme Court as final authority on the meaning of the Constitution

Judicial Review

Structure of Federal Judiciary

Supreme Court9 Justices

Mostly appellate

Hears about 100out of 5,500 requests

U.S. Courts of Appeals13 districts with 170 judges

3-judge panels hear appeals33,000 cases per year

U.S. District Courts94 district courts with 650 judges

Trial courts with original jurisdiction225, 000 cases per year

Statecourts

State Courts

• Each state has its own court system

• States handle 100 million cases per year

• 98% of criminal cases handled by states

Types of Cases Criminal = charged by gov for breaking law Civil = dispute between parties

How the “Constitution” Changes

• Amendments (27 of them)– Amendment is proposed by a vote of at least

2/3rds of both houses of Congress– Amendment is ratified by the legislatures of at

least 3/4ths of the states (process for 26 of 27 amendments)

• Judicial reinterpretations– Stare Decisis

Judge-Made Law

• We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and our property under the Constitution.– Chief Justice Hughes, 1907