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Title: Introduction to American Politics
Description: I am a Law student at the University of Warwick. I studied this course at ELTE in Budapest. This is aimed at any level studying American Politics. The notes cover in depth analysis of the Constitution and the amendments; American exceptualism; welfare and philanthropy; religion; the founding (including the declaration of independence); federalism; campaigns/elections; working of congress; the president and removal of the president and checks and balances on powers of the Judiciary, Legislature and Executive.
Description: I am a Law student at the University of Warwick. I studied this course at ELTE in Budapest. This is aimed at any level studying American Politics. The notes cover in depth analysis of the Constitution and the amendments; American exceptualism; welfare and philanthropy; religion; the founding (including the declaration of independence); federalism; campaigns/elections; working of congress; the president and removal of the president and checks and balances on powers of the Judiciary, Legislature and Executive.
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American Politics
Mid term elections
• Midterm elections in the United States refer to general elections in the
United States that are held two years after the quadrennial (four-‐year)
elections for the President of the United States (i
...
near the midpoint of
the four-‐year presidential term)
...
• In addition, 34 of the 50 U
...
states elect their governors to four-‐year
terms during midterm elections, while Vermont and New Hampshire elect
governors to two-‐year terms in both midterm and presidential elections
...
• Many states also elect officers to their state legislatures in midterm years
• There are also elections held at the municipal level
...
• Midterm elections usually generate lower voter turnout than presidential
elections
...
What would it mean if the Democrats lost control of congress?
• Things could be more difficult for Barack Obama in the final two years of
his term as president
...
• Unlike a parliamentary system the executive does not run the legislature
in a separation of powers model and this could make his life and the
policy outcomes he is hoping for much harder
...
Divided government is something Americans are used to; it has happened
about half the time since WWII and many political scientists would say
the system works better that way
...
• There are lots of issues voters are concerned about, but this is mainly a
referendum on Barack Obama's first two years
...
6 per cent across the nation
-‐ and the housing crisis
...
September 2014: airstrikes by US
and allies hit ISIS targets in Syria
...
This shows an official disagreeing by Bruce Ackerman who
said his decision betrays the constitution
...
This is a
liberal constitutional academic attacking his actions
...
He said Obama doesn’t need the approval of congress
...
George W Bush supports Obama, as he did a few years ago
...
It does not always give firm
guidelines as to what the policies should be
...
This is what the
constitution actually says:
Constitution Art I, Sec 8: ‘The president shall have the power to declare war’
Constitution Art II, Sec 2: “The president shall be Commander in Chief of the
Army and Navy of the United States” – section 2 is about powers of the president
These two sentences can come into conflict…eg: if the president sees it as
necessary to issue air strieks against the air strike, does that mean that the USA
is going to war? Does it congressional approval? Or can he do as Commander in
Chief? Is it within his power? Does the air strike classify as war?
They adopted a resolution in 1973, designed to regulate the powers of the
President
...
There was no declaration for
the Vietnamese or the Korean war
...
The last time that the
USA ‘declared war’ was in WWII
...
In the 1970s when the war was extended,
Congress became to question the Presidential authority
...
If he does get his authorization,
ir should not be allowed to stand
...
But who decides whether this is constitutional? Supreme Court
...
Supreme court operates on precedence and would therefore have to set a
precedent and the precedent would be applicable in following decisions
...
Political parties have refrained to make the decision: life or death constitutional
matter
...
Some people say that this is a huge weakness in the American Constitution
...
At the basis of the
constitutional system, there is a desire to limit the powers of the government
...
This is done to
make the governmental decisions harder: the founders wanted the
government to be divided and limited so that it would give good defence
against tyranny and oppression (even majority, not just minority)
...
Basically says that the USA is qualitively
different from other nation states
...
A double edged Sword
...
These are the main areas:
• Economy and society
• Welfare and Philanthropy
• Religion & Ideology
• Politics
Economy and society
• Freedom of Speech
• Free markets
• Emphasis on the “American Dream” – self-‐made
• Per capita income – in most lists, American comes top of the ranks
...
GDP/per capita, it is number 6
...
Welfare and philanthropy
• In the Declaration of Independence, it said ‘all men are created equal’
• Most unequal industrialized country, huge gap between rich and poor –
richest 10% of American families got half of the income in the US
• Inequality has increased with each expansion in the postwar era
• The bottom 90% experienced a decline in come from 2009 to 2012
...
• Access to social services – only major industrialized country without
universal health-‐care
...
Even after the Health Care Reform, not all citizens have
health care
...
Medicare –
healthcare for older citizens, but not a comprehensive healthcare system
...
You/employer has to buy it, not guaranteed by the state
...
There is a website of the current pledgers
...
Ideology and Religion
• Creedal nation – founded on a set of religious theortical principles
•
•
•
•
•
•
•
o “the only nation founded in the world on a creed” – G K Chesterton
o “in explicit opposition to Machiavellian principles” – L Strauss
o “It has been our fate as a nation not to have ideologies, but to be
one” – R
...
You can find the creeds
in the founding document
...
“Government of the people, by the people, for the people”
Gettysberg Address – Address by Abraham Lincoln during the American
Civil War at the Cemetery where soldiers from both sides months after
the Battle of Gettysberg
...
‘Voluntary religion’
Religion itself has a strong place in American life, American was founded
by some protestant settlers
...
RELIGION PLAYS A HUGE ROLE IN LIFE AND MORALITY IN AMERICA
•
Politics
• In the US, 50% say that religion is very important in their lives
...
They believe it is necessary to believe in God
...
53% of Americnas believe it
is necessary to believe in God to be moral, whereas only 33% in Germany,
20% in Britain, 19% in Spain…
• In the USA 46% of people considered themselves to be an American first,
46% considered themselves to be a Christian first
...
• 75% of Americans agree that it is sometimes necessary to use military
force to maintain order in the world
...
• Cultural superiority – a lot of people in America thijnk they are superior
to all other nationalities
...
There is also a culture of
patriotism and optimism
...
• Politics should not appear too much in the constitution
...
Politics, naturally, will appear to some extent
...
It is
hard to get agreement between the congress and the President, especially
when the president is not from the majority party at the time
...
• Separation of powers is one of the largest in the world with strong system
of checks and balances
•
•
•
Two party system; no socialist-‐social democratic party
...
However, Democratic is the second most right-‐wing party in the world,
coming second only to the Republican party
...
It is a nation of immigrants and therefore a strong class
never emerged
...
The basis of it is pretty much the same as what the founding fathers
intended
...
Future
governor John Winthrop stated their purpose quite clearly: "We shall be as a city
upon a hill, the eyes of all people are upon us
...
Not just of the
founders of Massachusetts, but also of the founders of all of America
...
The History of the founding
• The Boston tea party – high taxation on tea so men poured all the tea that
arrived into the sea to protest
...
• George Washington was the first president of the USA because he was the
commander of the US army
...
Thomas Jefferson is considered to be the author of
the declaration, the third president of the US, but did not write the
constitution
...
• Articles of confederation written up
...
The political system before this
was made up from the Articles of Confederation
...
They needed a stronger government before the constitution
was issued so they held a conference
...
• James Madison is the father of the constitution, the fourth president
...
Constitution was ratified by all 30 states in the end
...
• 1789 – George Washington took over the first congress, he was President
for 8 years
...
Until the 1950s, there was no limit on presidential terms…but it was
changed in the 1950s when it was limited to two terms
...
•
•
•
•
Washington made an unwritten rule that no president should serve more
than 2 terms, following Presidne tWashington
...
1789: first presidential election
1791 – A bill of rights was passed by the first congress of the US
...
The second president, John
Adams, ran against Jefferson and lost
...
(Founding brothers book) The two men were good friends and
fought together for independence, signed the independence, they served
in Washington’s government as high powered characters
...
It was a
vicious campaign
...
They
both died on the same day
...
v John Adams – Jefferson’s friend & rival (Ellis); 2nd President
v James Madison – „the father of the Constitution”; 4th President
v Alexander Hamilton – the leader of the ”Federalists”; death in duel
...
He fought in a
duel against one of his political opponents and died
...
v The founding documents:
o Declaration of independence
o Constitution
o Bill of Rights
The declaration of independence
v ‘A decent respct to the opinions of mankind requires that they should
declara the causes which impel them to the separation
...
v Most famous paragraph is the second one: We hold these truths to be self-‐
evident…”
o unalienable rights: life, liberty, and the pursuit of happiness
o the consent of the governed
o „injuries and usurpations”
v All men are created equal:
o Could be some problems with this part because of slavery which
was accepted at the time, even Jefferson had slaves
...
Are endowed by their creator with certain unalienable rights
o The neutrality of the creator should be noted, it is not a god
...
That among these are life, liberty and the persuit of happiness
o Used to be property rather than happiness
o Now it is broader and they wanted it to be more inclusive
...
The governments are
responsible for ensuring those rights
Becomes destructive of these ends, it is the right of the people to alter or
to abolish it, and to institute new government
o Gov is based on the consent of the governed
...
Because of this, they had
a right to a revolution
...
Broader theoretical background
v 2 interpretations of the Revolution
1
...
It had a radical break with the previous system
of government and establishment
...
Radical new government in America
...
It was radical with regards to the fact
that they wanted less governmental control and less taxation
...
‘Conservative revolution’ by Daniel J Boorstin – conservative
revolution
...
He thinks it’s a colonial rebellion not a fully blown
revolution, a small mild revolution
...
He said it was fundamentally conservative
by nature – they did not want to form a radically new form of
government, they just wanted those ancient rights that british
citizens enjoyed
...
However, Britain did not want them to have those rights
...
They didn’t want new rights, just a restoration of
rights
...
v Arguments that both are right
...
The French
revolution was much more radical with a lot fo bloodshed
...
v They found in the past the method for the future and through doing so
learnt what destroyed previous societies and inoculated America
...
v Employed reasoning for science, politics and religion and this shaped
America
...
English common law
v Coke, Blackstone
...
They brought with them European ideals
...
v Most of it was written by Madison
...
v The federalist papers show us the theory behind the declaration of
independence
...
o Just as dangerous as a revolt from the minority
...
At the time, the
minority was rich with lots of property
...
o ‘That its several constituent parts may, by their mutual relations,
be the means of keeping each other in their proper places;
...
This
led to the separation of powers, no single majority with too much
power
...
v The first ten amendments is the Bill of rights to the constitution, but all
done at the same time
...
v Bill of rights is technically 1, and prohibition amendments cancelling each
other out -‐> 16 amendments in 200 years
...
Through the right to privacy for
example, you could find the right to abortion
...
v Provides checks and balances on the government
...
Disadvantages
v Vague and therefore not very particular
...
v Cannot change with tiem – for example amendment 2 – is this outdated?
Amending the constitution
v Proposal
o Two thirds of both houses of congress should agree (33
amendments were done in this way
...
o By the legislatures of three quarters of the states (26 were ratified
in this way)
o By conventions in three quarters of the states (1 was ratified in
this way)
Federalism
v USA made up of federal states
...
v Rights of the central government and federal states differ
...
In some states therefore they have the death penalty and in
others they don’t
...
v Turn to the constitution to see the power of the federal governments
compared to the state governments -‐ Article I, section 8 “the congress
shall have power” – enumerated powers
v Article I is about congress and section 8 is about the powers of congress
and an enumeration of the powers of the congress
...
It says that they should have only the
list of powers that can be seen here…and then it talks about extending the
powers
...
v “Necessary and proper” clause – leads to implied powers
...
These are the powers that are necessary
in order to execute the foregoing powers mentioned in section 8
...
v 10th amendment – powers reserved to the states (people) – ‘the
powers not delegated to the United States by the Constitution, nor
prohibited by it to the states, are reserved by the states respectively, or to
the people’
...
Bill of rights amendments (first 10)
1
...
It prohibits
any effort to restrict these rights
...
A well regulated militia being necessary to the security of a
free state, the right of the people to keep and bear arms, shall
not be infringed – Most debated part of the constitution
...
There is an argument that it should be limited to stop
people from committing such crimes
...
This was done not long after the American
Revolution – the reason was to fight against the British
...
Quartering of troops – 3 – 8 are to do with criminal proceedings
and civil procedures
...
Search and Seizure
5
...
Criminal prosecutions – jury trial, right to confront and to
council
7
...
Excess Bail or fines
Other amendments
v Amendment 12 – The Pres and Vice-‐Pres are elected together and belong
to the same political party
...
v 13 – Guarantees equal protection of the law and due process under the
law
...
Constitutional democracy
v Alexis de Tocqueville on “tyranny of the majority”
v Undemocratic elements (Dahl) – ‘how democratic is the American
constitution?’
o Suffrage
o Slavery
o Elections of senators
o Equal representation in the Senate
o Election of the president
o Limits of congressional power
o Judicial power
Campaigns and elections
Fundamentally different from European ones because they happen more often
and are less coordinated
...
In the US there are elections every two years:
1
...
Mid-‐term years:
• Full House of Representatives is re-‐elected
• 1/3 Senate is re-‐elected
o Lower turnout
o The electorate seems to be more politically interested (benefits
the Republicans – generally more educated/financially better
off than Democrat voters)
o ‘Mid-‐term itch’ -‐ every 6 years the President’s party tends to
lose seats at the elections
Structural Features
Races decided in states
• New York/California (New England (North-‐East) and the West Coast
(urban areas) – Democrat states
• Texas (Southern states) – Republican states
• If you win by one vote, you get all of the electoral seats in that state
...
They focus on areas where there is more of a
contest/more people with a possibility of winning over (swing
states/battleground states e
...
Iowa, Ohio, Colorado, Michigan)
• There are 50+ separate races in each state – one state at a time will
guarantee a victory
Mid-‐Term Elections
• There are certain factors that differentiate mid-‐terms from national
elections
• Only 1/3 of senate seats are contested in any given election (33 seats)
...
Why? Because if they Senate races take places in States
that are generally Democratic, they Democrats have an advantage
(and vice versa)
• Almost all the Southern states in the 2014 mid-‐terms have contests
this year
...
• The Republicans have a better chance of capturing the Senate in these
elections
...
Sudden recent events involving Ebola lead many to think that the
Obama administration was not doing enough
...
Unfixed Structures
•
•
•
American political parties have very unfixed structures
...
They are loose organisations
...
o The rise of Barack Obama illustrates this
...
2 years before that, in 2006, 50% of the American
population had never heard of his name
...
Having the ability to raise your profile dramatically in a short space of
time relies a lot on the ability to campaign, finance yourself and
advertise well
...
Primaries
• In both parties, theoretically, anyone can claim to be a candidate for
President
...
This means that candidates must
first go to the extremes of their particular party in order to win the
Primaries
...
• Primaries can sometimes be more vicious than the general elections
themselves
...
This made the Democratic campaign
difficult to win, Obama and Hilary Clinton fought a very close battle to
win the Primaries on behalf of the democrats
...
• Obama went for ‘Hope’, Clinton went for having international
experience/being an accomplished person
The Overriding Influence of Money
• Money has a more transparent contribution to the campaigns and the
contributions are more meaningful
...
Senate elections took place in Alabama, Alaska, Arkansas, Colorado,
Delaware, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana,
Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, New
Hampshire, New Jersey, New Mexico, North Carolina, Oklahoma (both
seats), Oregon, Rhode Island, South Carolina (both seats), South Dakota,
Tennessee, Texas, Virginia, West Virginia and Wyoming
...
Republicans swept to power in the US Senate after a rout for Democrats in
midterm elections that were dominated by criticism of Barack Obama’s
presidency and are likely to hobble his last two years in Washington
...
• The GOP also expanded its majority in the House of Representatives
...
They were poised to take an eighth, Alaska, and if
they win a runoff in Louisiana, Republicans would command a 54-‐vote
majority in the Senate
...
An example is the legalisation of marijuana
...
The working of the congress
•
•
•
It is a symmetrical working body, the 2 houses of congress have very
similar amount of power
...
Senate is more aristocratic
...
House takes after the House of
Commons and the Senate after the House of Lords
...
•
•
•
•
•
•
•
•
•
•
House-‐>Committee-‐> Sub-‐committee -‐>Committee -‐> Rules committee -‐>
Full house -‐> Conference with senate -‐> Full house -‐> President
...
The rules committee in the House does not have an equivalent in the
Senate, they make rules for the debate and how long it should be
...
They can speak for as long as they wish
...
Only 2 unwritten rules:
o Cannot sit down and cannot lean on something, you have to stand
upright and as long as you do this, you can speak for as long as you
want
...
This can also be stalled if
two senators work together to stall a bill, because then they can
talk forever
...
This is to stop them from talking
...
Ted Cruz: most recent example being unsatisfied with Obama’s budget
proposal
...
This is only in the Senate
...
And vice versa
...
The bills
might be different
...
The unified bill must then be sent back to the full house and senate to be
approved again
...
It is a very
long process and there are several places where it can get blocked
...
The
Presidnet might then choose to veto it
...
Congress can override presidential veto, but it requires a huge majority
(of 2/3 majority in both houses of congress)
...
Congressional leadership
• Party leaders in Congress
• House:
o Speaker: John Boehner
o Majority leader: Kevin McCarthy
o Minority leader: Nancy Pelosi
• Senate:
o Majority leader: Harry Reid
•
•
•
•
•
o Minority leader: Mitch McConnell
President has to work alongside the aprties and party leaders in congress
...
Leaders of the factions, the majority (republican) and the minority leader
(democratic)
...
They only have majority
and minority leaders, no speaker
...
At the moment, we still have a congress from the
previous government
...
The President
•
•
•
Only nationally elected person in the USA
Quite a lot of power when it comes to foreign power
...
If we look closely at the American working, he doesn’t have as much
power as the superficial observer might think
...
The power of the President
• Textbook: 2 arguments side by side, either could be given
...
o They can decide where to send their troops, without congressional
approval
...
o They also have economic control, wage and price controls
o Other presidents elected Judges to sit on the bench
...
o Obama proved the economic powers, larger and sweeping powers
over the financial markets
...
• Other argument:
o One of the weaker chief executives anywhere
...
o President Reagan signed for anti-‐satellite budget proposal but this
was rejected by Congress
...
o The federal courts struck down parts of Bush’s plans to tighten
anti-‐terrorist laws and limited his scope
...
•
•
•
•
•
•
People sometimes call the Pres a ‘pitiful, helpless giant’ – one of the
American Presidents used this view
...
Although,
sometimes they do
...
He cannot do anything
without the approval of Comgress
...
In comparison, the Prime
Minister of Britain automatically has a majority which means the people
will generally support his policies which is not the case in the USA
...
In a sociological sense, there is power that the President can actually
exercise
...
He
can also give orders to the US army
...
• How do they elect the president?
• 2 principles at work when electing congress – proportionality in the
house (in proportion to the states) and on a principle of equality (equal
representation, each state should have the same number of senators)
...
This is the ‘great compromise’ (the electoral college
...
• The electoral college -‐ It is a direct election because they do not serve an
independent role
...
However, how many electors should each state have? If
a state has 25 representatives in the house of reps (the house of congress)
accordingly to the population and 2 senators (in the senate), they would
then have 27 electors
...
C
...
C and
participate in elections
...
C means district of Columbia which is on
the border of the US
...
•
•
•
•
•
538 is the number of electors…but there must be an absolute majority of
electoral votes
...
270 votes is
required to win
...
The Presidnet has a 4 year terms and they can serve a maximum of 2
terms
...
This was not in place at the outset of the Constitution, only occurred in
1951 in the 22nd Amendment
...
He did not fulfill his
4th term because he died
...
Very successful!! As soon as
he died, everyone said that it was wrong and that he had too much power
...
There was an unwritten rule established by Washington (first Presidnet)
before Roosevelt
...
Following Presidnets did the same and then retired
afterwards
...
Roosevelt died in 1944 but in 1951, they made the new rules that they
could only serve 2 terms
...
• This is an example again where Congress has the upper hand over the
President
...
Presidnet cannot be removed for political reasons
...
• The reasons for impeachment are only in cases of ‘treason, bribery, or
other high crimes and misdemeanors’
...
• Can only happen if:
o House: impeach/charging a president – simple majority (this
happened in the case of Clinton)
o Senate: They have the power to judge – Convict and remove the
President from office (They did not have the majority for Clinton
and so he remained in office) – 2/3 majority
• President has no equivalent power against the Congress
...
Who will succeed? There has to be a succession
procedure
...
What happens if the VP also resigns/is ill? In the case of
Nixon, Agneau (VP) had to resign before the resignation of Nixon because
of corruption and therefore there was no sitting vice president
...
Inside the White House
The important Presidents
I
...
John Adams (2nd president)
III
...
James Madison (4th)
V
...
Obama (44th)
The president’s men
• The people who are his nearest advisors are most important, for example
his chief of staff, press secretary, national security, communications
...
o This includes only lower officials as higher officials have to be
confirmed by the senate
...
o However, it is controlled by the constitution as it needs
congressional approval
...
If
he doesn’t have approval within 60 days, should withdraw
...
This is a very grey issue in politics (the right to wage war)
...
If a President wants to wage
an unpopular war, they probably wouldn’t do that because there
must be some kind of political support to maintain stability and
support for the government
...
This is the
shortest article of all the articles
...
The lower courts are therefore established by the Judiciary Act of 1789
...
Therefore they did not think they needed to limit the power
as much as they do for congress and the president
...
• This was contradicted by the developer of the American Judicial system
because they have the right to rule on the constitutionality of laws made
by the congress or the President
...
They can
override laws if they do not abide by the constitution
...
Which saw the invention of
judicial review in 1803
...
• The case goes to the court and the court can then decide that a particular
rule might be unconstitutional and therefore that rule will be struck
down
...
• The supreme court decides which cases it will take
...
• If it doesn’t take it, the ruling of the court before will stand
...
• Appointment: President nominates and the senate confirms
...
On good behavior, they will remain a Justice of
the SC
...
Important cases that have shaped the law
• Schenk v United States
• Brown v Board of education
• Miranda v Arizona
• Roe v Wade
Title: Introduction to American Politics
Description: I am a Law student at the University of Warwick. I studied this course at ELTE in Budapest. This is aimed at any level studying American Politics. The notes cover in depth analysis of the Constitution and the amendments; American exceptualism; welfare and philanthropy; religion; the founding (including the declaration of independence); federalism; campaigns/elections; working of congress; the president and removal of the president and checks and balances on powers of the Judiciary, Legislature and Executive.
Description: I am a Law student at the University of Warwick. I studied this course at ELTE in Budapest. This is aimed at any level studying American Politics. The notes cover in depth analysis of the Constitution and the amendments; American exceptualism; welfare and philanthropy; religion; the founding (including the declaration of independence); federalism; campaigns/elections; working of congress; the president and removal of the president and checks and balances on powers of the Judiciary, Legislature and Executive.