Presidential power and beyond The United States and France

Research papers: Due Friday, November 30th _____________ Final exam Saturday, Dec. 8th 9:00-11:00 AA1043

A Presidential-Congressional System The United States: A Presidential-Congressional System

Principal features: A federal and presidential system with pronounced separation of powers among three branches of government

US Constitution provides for: A President elected via the electoral college (4 year term) A Congress consisting of House of Representatives, elected for 2 year terms (435 Congressmen) Senate: 2 Senators per state, elected for 6 year terms (staggered – 1/3 of the Senate elected every 2 years) Supreme Court appointed by president but nominations subject to Senate approval

The President Responsibilities: Commander-in-chief of the armed forces Heads the executive branch of government: must see to the faithful execution of the laws of the United States Has power, subject to the ‘advise and consent’ of the Senate, to appoint: Members of the cabinet Justices of the Supreme Court Ambassadors Certain other offices

The Congress A bi-cameral legislature consisting of the House of Representatives (lower house, 435 members) Senate (upper house, 100 members) Both share the legislative power – to become law, a bill must pass both through both Houses of Congress in identical form

The Supreme Court Nine justices Acts only on matters brought to it, Appointed by President for ‘good behaviour’ (life) Senate must approve nominations Congress can decide size & jurisdiction of the Court Acts only on matters brought to it, but the Court decides which cases it will hear Has power of judicial review: Court can declare laws passed by states or the Congress unconstitutional (Marbury v. Madison, 1803)

Checks and balances: Reflecting fears of abuse of power: Senate must approve nominations to court, cabinet and other appointments President can veto laws passed by Congress. Congress can override a presidential veto by a 2/3 majority Supreme Court can declare legislation unconstitutional

The American Party System A two party system with two broadly based parties, the Democrats and the Republicans Parties encompass divergent interests: Democrats: party of the moderate (but not very far) left. Prefer more government intervention Republicans: party of the right Prefer less government intervention Divided between economic and social conservatives (religious right) Party discipline in Congress is weak Congressman often vote their districts

Presidential power Actual power and influence varies: Some presidents are stronger and more effective than others Commander-in-chief, but lacks automatic support in Congress: Not unusual for the other party to control one or both houses of Congress Even when his or her party controls Congress no guarantee that president’s program will pass (e.g Clinton’s health insurance bill) Power: depends on ability to persuade (Richard Neustadt, Presidential Power)

Divided control: 1932-1952: Democratic Presidents, Republican majorities in Congress only in 1946 and 1950 1952-1960 Eisenhower (R) as President; Democrats control Congress 1954-1960 1960-1968: Kennedy and Johnson (D), Democratic Congress 1968-1976: Nixon and Ford R), as President (Dem. Congress) 1976-80: Carter (D) + Democratic Congress 1980-88 Reagan (R) + Dem. Congress 1988-1992 Bush Sr. (R) + Dem. Congress 1992-2000 Clinton (D) plus increasingly Republican Congress 2000-present - Bush Jr. (R) 2000-2002, Divided Congress 2002-2004 Republican Congress 2004-2006-Divided Congress 2006-present Democratic Congress

Governing To govern, a president must be able to Get as much support as possible from his party Build coalitions Bargain Persuade Senators and Congressmen The public

Successes & failures Some presidents more successful than others Sometimes persuade Congress by persuading the public Insiders v. outsiders Foreign policy as an outlet If so, in what respects?

Presidents vs. Prime Ministers? Is the situation in which presidents of the United States find themselves different from those of a British Prime Minister or a German Chancellor? If so, in what respects? Which of the three heads of government (or state) is more powerful vis á vis other actors in their respective systems?

Explaining differences: Political Parties and the ways in which they connect legislatures and the executive In both Britain and Germany, cohesive and disciplined parties provide fairly automatic support for the political executive Even so, both must make sure their parties stay together

How Prime Ministers maintain support The consensus strategy: enlist ministers representing different wings of the party. Harold Wilson (1964-70, 1974-76) James Callaghan (1976-79) Margaret Thatcher (from 1979-83) John Major (1990-1997) Damn the torpedoes/shoot from the hip: Margaret Thatcher (from 1983-90) Tony Blair (1997-present)

The whip system and how it operates Whip’s Office Chief Whip Deputy Whip Assistant Whips Serve as two way channel of communication: Convey frontbench opinions to the back benches Convey backbench views to the leadership Make sure that the votes are there when they are needed

The process of discipline: A matter of conveying information and persuading Punishment: removal of the whip or ostracism from the caucus – rarely applied Dealing with dissent: Canada: minimum or zero tolerance UK: both parties tolerate some rebellion Conservatives: deep divisions over EU Travails of Ian Duncan Smith (IDS) New Labour: Iraq