Prof. Bruno Pierri Istituzioni politiche anglo-americane e analisi dei linguaggi specifici First Hour: United States Congress --------------------------------------- Second Hour: British Government/United States Government March 12th, 2009

US Congress: Historical Roots Constitution, Article I, Section 1: All legislative powers vested in a Congress, consisting of Senate and House of Representatives Section 2: HR composed of Members chosen every two years by electors in each State (now 435 Members) Eligiblity to HR is 25 years of age, 7 years as citizen of the US and resident, when elected, in the State represented Each State elects a number of Representatives according to population living in its territory (not only residents) Section 3: Senate composed of two Senators from each State (now 100 members), chosen by the Legislature for six years One third of Senate elected every two years XVII Amendment 1913: Senators elected by people Eligiblity to Sen. is 30 years of age, 9 years as citizen of the US and resident, when elected, in the State represented

Two Senators per State A) Larger States wanted HR and Senate in proportion to State population B) Smaller States thought this plan would jeopardise their interests Compromise: Equal representation in Sen and proportional representation in HR (membership in Lower House in proportion to State population. Membership in Upper House equal for each State)

Senate Powers Nominations: President nominates Justices, Ambassadors and other public Ministers and Consuls with advice and consent of Senate Treaties: Senate has power to approve, change, or amend, by a two-thirds vote, treaties made by Executive

Filibuster and Cloture US Senators enjoy two privileges: A) Unlimited debate B) Unlimited opportunity to offer amendments Delaying debate or blocking legislation is called Filibuster In 1917 Senate adopted Cloture to end filibuster Petition signed by 16 senators Two days later petition is voted Petition approved if three-fifths-majority is reached

Senate Offices US Vice President officially is President of Sen, but rarely performs this role (special events and tie votes) President pro tempore serves on a day-to-day basis Floor Leaders: Majority and Minority leader, elected by members of their party, serving as spokespersons for their party. Majority leader sets legislative programme and offers motions or amendments before any other Senator Majority and Minority Whip: Same as in UK

House of Representatives Offices Speaker of the House: Third office of the Union, most important position in HR, controlling schedule for House business Spokesperson for majority Party He/she does not usually participate in debate and rarely votes Responsible for ensuring that House passes legislation supported by majority party Majority Leader/Minority Leader: They control party’s efforts on the floor Majority Whip /Minority Whip

The British Government Parliamentary Democracy – Constitutional Monarchy No written Constitution Parliamentary Democracy – Executive chosen from Legislature (House of Commons) and dependent for support upon it Constitutional monarchy - Monarch is Head of State. In theory Monarch retains some powers, but practically they are exercised by Prime Minister Political party (or coalition) winning most seats in general election forms Govt, led by party leader, who becomes PM Premier appointed by Monarch

Parliament Confidence Govt needs to retain confidence of House of Commons Confidence Motion: If HC indicates no confidence in Govt, either by defeating it on a confidence motion or by defeating a policy that Govt has indicated is a matter of confidence, then Govt calls general election

The Prime Minister 1714-1727 George I of Hanover A) German dinasty, the King did not speak English so well. Need of an English speaking adviser B) Sir Robert Walpole first PM (1721-1741)‏ C) 10 Downing Street residence of PM Role of PM: A) Leader of his Party B) Premier recommends ministers’ (Secretaries of State) appointment by the Monarch, chosen from MPs and Peers C) Premier determines date of general elections (Prerogative of Dissolution)‏ D) Premier leads and controls Cabinet

The Cabinet Supreme decision-making body in Govt; central committee directing work of Govt and coordinating activities of departments History of Cabinet began in XVI Century with Privy Council, a small group of advisers to Monarch 23-24 leading ministers Premier chairs meetings and selects members Cab has no legal powers, but it has collective responsibility to Parliament: all members are bound to support Cab decisions even if they are not present

United States Government The President Presidential Republic: No distinction between Head of State and Head of Govt Executive (Administration) separate from legislature, on which it does not depend: no vote of confidence in Congress President is: Commander-in-Chief of Armed Forces: Power to initiate (not declare) and direct war Chief Diplomat: responsibility for both making and implementing foreign policy Chief Legislator: President sets legislative agenda in “State of the Union Address” (Congress has legislative power) Appointment of diplomats, federal judges and Justices with advice and consent of Senate In case of death, removal, resignation, disability, Vice President immediately assumes role of President

Constitutional Roots 1774-1789 No central Govt: Unicameral Continental Congress in charge of “Govt” No power to collect taxes No power to regulate foreign and interstate trade No President 1788 Constitution of the United States: Washington first President Washington established precedent by refusing to seek a third term. 1951 XXII Amendment, allowing no more than two terms

Impeachment Contitutional sanction against abuse of presidential power: House of Representatives decides by majority vote to accuse President of “high crimes and misdemeanors” Impeached President is then tried before Senate and removed by two-thirds vote House acts as Prosecutor, Senate acts as Judge

President’s Powers to Limit Congress Congress Bills must be presented to President for approval. President has ten days (not counting Sundays) to decide whether: Sign the Bill into law (it usually occurs) Veto a Bill, which can be overriden by a two-third-majority of both Houses Do nothing, thus allowing a Bill to become law automatically after 10 days Pocket Veto: If Congress adjourns before 10 days have expired and President has not signed the Bill yet. In this case, if President decides to veto a bill, Congress cannot override it

Executive Privilege Right of President to withold certain information from Congress Based on Washington’s precedent, who refused to provide House with records on defeat of the army by Ohio Indians, 1792 Watergate Controversy: Nixon invoked executive privilege in order to evade queries from Congress on Watergate scandal Supreme Court ruled that tapes (Oval Office conversations) be surrendered, thus asserting primacy of rule of law over power of presidency

White House Staff/Executive Office WHS: President’s closest advisers, led by Chief of Staff. Not Ministers EO: Series of Offices implementing President’s policies A) National Security Council (NSC): to advice and assist President on national security and foreign policy B) Council of Economic Advisers (CEA): group of economists advising President C) Office of Management and Budget (OMB): preparing President’s budget proposals to Congress

The Cabinet Ministers heading major departments Cabinet members often chosen for public relations, reputation and symbolism (race, gender, geographic origins). Not members of Congress President acts most often through Executive Office rather than through Cabinet