American Government and Organization PS1301-164 Wednesday, 17 September
Plan for the lecture - Review concepts briefly – Majority rule, 50%+1, minority rights, bicameralism Discuss constitution, federalism
Protections Against Tyranny of Majority Separate institutions Organized elections Checks and balances; shared powers Required supra-majorities Reserved some power for states Set boundaries on the powers of government; ie. Bill of Rights
Separate Institutions U.S. House of Representatives U.S. Senate Executive Branch Judiciary
Organized Elections U.S. House (2 year term) U.S. Senate (6 year term) 1/3rd of the Senate is up for reelection every 2 years U.S. President (4 year term)
Separate Institutions with Shared Power Congress passes legislation but President can use a veto 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or 2/3rds in both houses of Congress and ratified by conventions in 3/4ths of the states (used once 21st Amendment--repealed prohibition) National constitutional convention call by 2/3rds of the state legislatures 10,000 proposals, 28 amendments
Electoral College Each state is awarded as many electors as it has members of the House and Senate. The Constitution left it to the states to decide how electors are selected, but the Framers generally expected that the states would rely on statewide elections. Today, if any candidate fails to receive an absolute majority (270) of the 538 votes in the electoral college, the election is thrown into the House of Representatives.
Federalism In a federal system, authority is divided between two or more distinct levels of government. In the United States the division is between the national (federal) government and the states.
Three Systems of Government
American style Federalism Federalism is a hybrid arrangement that mixes elements of a confederation (lower level has real power) and a unitary (national level monopolizes constitutional authority) government. Before adopting a federal system in the Constitution the nation had experienced both of these alternatives.
Advantages of Federalism Flexibility Preventing abuse of power Innovation
Disadvantages of Federalism Inequality Coordination problems Loss of accountability or evasion of responsibility Local biases (at the expense of national interest)
Division of Authority Dual federalism Shared (or cooperative) federalism
Division of Power National government State Governments Coin money Regulate interstate commerce Tax imports and exports Make war State Governments Run elections Regulate intrastate commerce Establish republican forms of state/local gov
Shared powers Tax Borrow Money Take property Enforce laws