American Politics Jeffrey Karp j.karp@exeter.ac.uk 3 October 2011

Introduction to the course Web page: www.jkarp.com/f2011/ Course syllabus Readings Assessment Tutorials

The U.S. Constitution The U.S. Constitution lays out the principals and rules that define our political system At the time the Constitution designed in 1787 it was extremely innovative. The American political system is unique in the world; most modern democracies are not designed this way. The U.S. Constitution was designed as an alternative to the Articles of Confederation which were written in 1777 and ratified in 1781 and contained the rules that governed the nation until 1789.

Emphasis on Individual Rights The constitution is designed to favor protecting the rights of the individual over respecting the wishes of the majority. Tyranny of the majority refers to a situation in which the majority uses its advantage in numbers to suppress the rights of the minority.

Protections Against Tyranny of Majority Divides authority through separate institutions with shared powers and checks and balances. Organized elections Requires supra-majorities Reserves some power for states Set boundaries on the powers of government; ie. Bill of Rights The Constitution is designed to preserve the status quo so it is very difficult to change.

Divided Authority Separate institutions Bicameralism Separate institutions Bicameralism Concurrent majorities Checks and balances Shared powers Federalism

Separate Institutions U.S. House of Representatives U.S. Senate Executive Branch Judiciary

Staggered Elections House of Representatives: every 2 years all 435 members are up for reelection for a two year term Senate: every 2 years one third of the 100 members are up for reelection for a six year term President: every 4 years Judiciary: Appointed (not elected) for life

Separate Institutions with Shared Power Congress passes legislation but President can use a veto President appoints executive officers and negotiates treaties. Senate confirms top executive appointments and ratifies treaties Judicial review (established in Marbury vs. Madison, 1803)

Examples of Supra Majorities Concurrent majorities (House and Senate) Treaty requires 2/3rds of approval by Senate Congress requires 2/3rds in both houses to over ride a presidential veto Constitutional amendments require 2/3rds approval by both House and Senate and 3/4ths of states or 2/3rds in both houses of Congress and ratified by conventions in 3/4ths of the states (used once 21st Amendment--repealed prohibition) National constitutional convention call by 2/3rds of the state legislatures

Process for Amendments

The primary thing to take away… America is not so much a democracy as it is a republic. The whole idea of the Constitution was to limit majority rule, to prevent tyranny of the majority. This is why laws are not made directly, but elect representatives to do so, and supra-majorities or checks and balances are required in every step of legislation and execution.