1. U.S. Political Culture September 12, 2008 Professor David C. King, HKS

2. Colonial Life Under British control for 100+ years Property, free religion & other rights Had about 4 million non- natives We were “born Lockean”

3. The Articles of Confederation Shared beliefs: Government in the hands of people Strong legislature Articles of Confederation: State representation No executive Weak national gov (1781-1787)

4. Constitution

5. Who is this?

6. King George III

7. George Washington

8. Tyranny and Democracy were thought to be undesirable extremes King George III

9. Truth The People Government Aristocracies Religious Institutions

10. Government Aristocracies Religious Institutions The People “We” Truth “We are born Lockean.”

11. On Being Born Lockean: What Determines Success in Life? What is the Responsibility of the State? Rugged Individualism and the Pew Global Attitudes Survey of 44 Nations, 2002.

12. In Bangladesh: Statement: “Success in life is pretty much determined by forces outside of your control.” Statement: It is the responsibility of the (state or government) to take care of very poor people who can’t take care of themselves.” 9% of Population Strongly Disagrees 73% Mostly or Strongly Agrees

13. 65%29% Individuals determine their own success in life. The Government is responsible for caring for the less fortunate Nations Surveyed 9%73% Bangladesh 74%14% India 24%74% South Africa 31%48% Italy 31%45% Germany 34%55% Nigeria 36%70% Russia 37%53% Guatemala 44% France 48%59% Great Britain United States

14. Taxes and Government Spending in Democracies TaxesSpending Denmark54.150.2 Sweden54.051.0 France49.152.1 Germany42.843.3 United Kingdom41.345.1 Korea35.430.8 Australia35.033.5 Japan34.736.1 United States32.838.3 Percent of GDP 2008 Estimates, OECD, includes all levels of government within a country

15. Why Two Parties?

16. Minor Parties in U.S. History

17. Why does the U.S. have a 2-party system? Remember: Whomever gets the most votes (a plurality) wins. Consider: States in the Electoral College are “winner take all.” Consider: election districts are “single member” districts. Imagine an election within a district with the following outcomes: Grovner27% Patterson21% Aquino18% Philips14% Hartpense11% Mackerson 9% Patterson 48% Grovner 52% Party 1 Party 2

18. How many people hold elected office in the United States? 511,000 people

19. 1. Federal Government 4. Insular Areas & Puerto Rico 50. States & the District of Colombia 561. Federally-Recognized Indian Tribes 3033. County Governments 14,561. School Systems 35,949. Towns, Townships, Municipalities 37,381. Special Districts Federalism in the US 2007 Census of Government, US Census Bureau

20. Ohio Counties

21. Changing Locations of “Government” 1808 –COUNTY GOVT. Births, Deaths, Property Transactions, County Court, Voting Records, County Roads, Local Law Enforcement 1908 –STATE GOVT. Most active legislature, legal system, income taxes 2008 –FEDERAL GOVT. Defense. Income Transfers. International Agreements.

23. U.S. Political Institutions Article 1: Legislature Article 2: Executive Article 3: Judicial Make the Laws Administer the Laws Decide Constitutionality Veto Bills Override Vetoes Appoint Judges Confirm Judges CONSTANT STRUGGLE OVER POWER Interest Groups? News Media? MONEY?

25. Congress: The Basics House –435 Members –2 Year Terms –Committee Dominant –Majority Party Dominant –110th Congress –Lots of Staff Senate –100 Members –6 Year Terms –Committees Important –Majority Party Important –110th Congress –Even More Staff

26. Two Brains

27. Article 1, Section 8 of the United States Constitution (Powers of Congress) Lay and collect taxes & duties Borrow money Regulate commerce with foreign nations and among the states Establish rules for naturalization Coin money, set it’s value, and fix the standard of weights and measures Punish counterfeiting Establish a post office and post roads Issue Patents and Copyrights Define and punish piracies Create courts inferior to the Supreme Court Declare War Raise and support an Army and Navy and make rules for their governance Provide for a Militia Exercise legislative power over the seat of government (the District of Columbia) Make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States

28. Committees Appropriations vs. Authorizing Chairs based on committee seniority. Membership is party proportional. Staff dominated by majority party Committee Hierarchy –Exclusive –Non-Exclusive Committees

29. Introduction & Referral Committee Hearings Committee Markups Committee Reports Schedule Floor Action (Rules, UCRs) Floor Votes Conference Committee Conference Report & Floor Vote Presidential Signature (or Veto) How a Bill Becomes a Law http://www.youtube.com/watch?v=mEJL2Uuv-oQ

30. White House: The Basics Presidents elected to 4 year terms. May serve no more than 2 terms. (22nd Amendment) Must be a U.S. born citizen, at least 35 years old, who has lived in the U.S. for a minimum of 14 years.

31. Formal Presidential Powers Administrative head of government Commander-in-Chief of military Veto (or sign) legislation Nominate judges, cabinet secretaries Treaties, pardons, convene Congress Formal Presidential Powers

32. May not introduce legislation (cf. prime minister) May not declare war Legislative oversight Judicial review Impeachment possible Must use “bully pulpit” and persuasion Limits on Presidential Power

33. Presidency is Many People EOP: OMB, NSC, CEA, “czars,” VP, and WHO WHO: close advisors, no Senate approval

34. Civilian Employees in Cabinet Departments Agriculture 101,887 Commerce 40,335 Defense 676,452 Education 4,257 Energy 14,838 Health and Human Services 60,767 Homeland Security 151,771 Housing and Urban Development 9,814 Interior 71,593 Justice 106,159 Labor 15,434 State 33,968 Transportation 53,573 Treasury 112,000 Veterans Affairs 236,938 2007: Office of Personnel Management

35. Congress (Article 1, Section 8, “elastic clause.” President (Inherent Powers -- largely through Congressional delegation of powers.) States (10th Amendment -- reserves powers to the states) Review of Various Powers But then… the Courts…

36. U.S. Federal Courts: The Basics Article 3 creates the Supreme Court, but specifics of design were left to Congress 9 Justices on the Supreme Court, and they may serve for life State & Federal Courts are Separate Civil and Criminal treated differently –Criminal = charged by the government for breaking law –Civil = disputes between parties 300,000 federal cases filed annually, 80% are civil.

37. Current Justices Breyer, Thomas, Ginsburg, Alito Kennedy, Stevens, Roberts, Scalia, Souter

38. Qualifications Federal judges serve for life (“good behavior”) Chosen by president with “advice and consent” of the Senate No age limits or other requirements Size of Court? age? citizenship? education?

39. Powers Original jurisdiction: ambassadors, U.S. is a party, where states are the parties Appellate jurisdiction: all other cases (99%) (court of last resort, final interpreter) Judicial review? Lower courts created by Congress

40. The Greatest Supreme Court power is not in Constitution, though it was implied in several of the Federalist Papers. Established by Marbury v. Madison (1803) Judicial Review has come to encompass: – Power to declare national, state and local Laws invalid if they violate the Constitution – Supremacy of federal laws or treaties – Role of Supreme Court as final authority on the meaning of the Constitution Judicial Review

41. Structure of Federal Judiciary Supreme Court 9 Justices Mostly appellate Hears about 100 out of 5,500 requests U.S. Courts of Appeals 13 districts with 170 judges 3-judge panels hear appeals 33,000 cases per year U.S. District Courts 94 district courts with 650 judges Trial courts with original jurisdiction 225, 000 cases per year State courts

42. State Courts Each state has its own court system In some states, judges are elected 98% of criminal cases are handled by states States handle 100 million cases per year (whereas the federal system handles 300,000 per year)

43. How the “Constitution” Changes Amendments (27 of them) –Amendment is proposed by a vote of at least 2/3rds of both houses of Congress –Amendment is ratified by the legislatures of at least 3/4ths of the states (process for 26 of 27 amendments) Judicial reinterpretations –judge-made law –Stare Decisis We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and our property under the Constitution. –Chief Justice Hughes, 1907

44. Political Culture & Institutions Article 1: Legislature Article 2: Executive Article 3: Judicial Make the Laws Administer the Laws Decide Constitutionality Veto Bills Override Vetoes Appoint Judges Confirm Judges CONSTANT STRUGGLE OVER POWER Interest Groups? News Media? MONEY? Thank you.. Any questions?