64. The Institutions of the United States of America

2. The Constitution of Individual States. The thirteen states upon independence wanted…

• To create forms of government which would protect individual liberty

• To prevent arbitrary political/religious authority from interfering with people’s rights

• To establish peaceful solutions among themselves

• To create a political system ≠ from Europe

• EACH US STATE HAS A CONSTITUTION ON ITS OWN

2. The Constitution of Individual States. Articles of Confederation. Federal Constitution. Early Americans.

• From 1791, they functioned with Articles of Confederation. This led to the first National Arrangement and the creation of the Confederation of States. Under this system, states retained power while the central gvt. was responsible for common matters.

• However, the AoC system eventually proved weak, so through the Constitutional Convention of 17 September, 1787, the FEDERAL CONSTITUTION was created

• Early Americans believed in defining the powers of gvt. in a written constitution to protect themselves from tyranny. Thus, inspired by Montesquieu and Enlightenment ideals, they elaborated a tripartite system.

2. The Constitution of Individual States. Articles of Confederation. Functions of State Constitutions.

• Each state establishes its legislative, executive, and judicial branches and may also produce its own amendments.

• LEGISLATIVE → Makes laws and normally consists of two chambers: House of Representatives and Senate. Though states like Nebraska are unicameral.

• EXECUTIVE → Executes and enforces laws, headed by the elected Governor.

• JUDICIAL → State courts (the selection of judges varies in ≠ states)

3. THE FEDERAL CONSTITUTION. 3.1. The organisation of the legislative power.

• The Constitution…

  • Describes the powers of the legislative department (Congress)

  • Establishes the process by which bills become laws

  • Gives Congress specific powers: to provide national defence, regulate commerce, collect taxes, establish rules for naturalisation…

• Limitations:

  • Prohibits → Bills of Attainder, Ex Post Facto Laws

  • Provides that the privilege of writ of habeas corpus shall not be suspended unless in case of rebelion/invasion, public safety requires it.

• Restrictions on states:

  • States cannot enter into war with eachother, issue their own currency, or enter into treaties and alliances.

3. THE FEDERAL CONSTITUTION. 3.2. The organisation of the executive power.

• The Constitution…

  • Establishes the office of POTUS for the election of POTUS and VPOTUS through the Electoral College

• Impeachment of POTUS (treason, bribery, other high crimes):

  • Needs 2/3 votes of members of Congress

  • House → Impeaches

  • Senate → Conducts the trial

3. THE FEDERAL CONSTITUTION. 3.3. The organisation of the judicial power.

• ARTICLE III:

  • Establishes a SUPREME COURT and authorises Congress to establish inferior federal courts

  • Appoints federal judges (and justices) who have federal jurisdiction over cases arising under the Constitution

3. THE FEDERAL CONSTITUTION. 3.4. Interstate relationships

• The Constitution …

  • Provides cooperation between states and establishes rules on relationships between State-State and State-Fed. Gvt.

  • Requires states to give full faith and credit to public acts, records, and judicial proceedings of other states

  • Each state shall protect each other.

3. THE FEDERAL CONSTITUTION. 3.5. The amending process. Proposal methods.

• Two methods:

  • 1. Amendment is proposed by 2/3 of Congress

  • 2. Congress must call a convention for proposing them requested by the legislatures of 2/3 of states.

• If YES → An amendment beomes part of the Constitution when ratified by ¾ of states.

• BILL OF RIGHTS → Contains the first 10 amendments, most important ones.

3. THE FEDERAL CONSTITUTION. 3.5. The amending process. Amendments

• A.I → Freedom of religion, speech, press. Right of peaceful assembly and petition. (1791)

• A.II → Right to bear arms. Well-regulated militia (1791)

• A.IV → Protects people against unreasonable searches. Warrant needed. (1791)

• A.V. → Protection for accused people, for self-incrimination and double jeopardy (1791)

• A.V.I. → Guarantees rights in criminal prosecution (speedy trial, impartial jury…) (1791)

• A.VII→ Preserves right to trial by jury in certain civil cases in federal courts (1791)

• A.XIII→ Abolition of slavery and involuntary servitude (1865)

• A.XIV→ US citizenship to naturalised individuals. Protection for equal proceedings. (1868)

• A.XV→ Prohibits denial or abridgement of the right to vote based on race (1870)

• A.XVIII→ National Prohibition established. Prohibition of manufacture, sale, transport of alcohol.(1919)

• A.XIX→ Prohibits denial or abridgement of the right to vote based on gender. Women’s suffrage. (1920)

• A.XXI→ Repeals Eighteenth Amendment, thereby ending Prohibition.(1933)

• A.XXII→ Limits a person to being elected POTUS twice. (1951)

4. THE LEGAL SYSTEM. 4.1. States’ legal system.

• Prosecutes → most ordinary crimes (others are prosecuted by federal law)

• Names vary depending on state: District, Superior, Circuit Courts, etc.

• Appeals → may be heard by intermediate appellate courts and, ultimately, by the highest state court.

4. THE LEGAL SYSTEM. 4.2. Federal legal system

• Covers:

  • Cases arising under Federal Constitution

  • Federal laws and treaties

  • Others (disputes between citizens of ≠ states)

• Agencies and bodies (no federal police exists):

  • FBI (Federal Bureau of Investigation)

  • DEA (Drug Enforcement Agency)

  • Secret Service

  • CIA (Central Intelligence Agency)

  • US Marshals Service

  • FBP (Federal Bureau of Prisons)

4. THE LEGAL SYSTEM. 4.3. The Supreme Court

• Functions:

  • Interpretation of Federal Constitution

  • Declare federal/state laws as unconstitutional (through judicial review)

  • Court doesn’t hear every complaint against the government (they decide which one to hear)

  • Jurisdiction over limited cases

• Constituents:

  • 9 JUSTICES: 1 Chief Justice + 8 Associate Justices. These are nominated by POTUS (Chief Justice John G. Roberts was nominated by George W. Bush) and serve for life/resignation/impeachment. They are NOT LEGALLY BOUND TO ANY POLITICAL PARTY.

5. POLITICAL PARTIES AND ELECTIONS. 5.1. Republican Party

**Here explain before that elections in the US are considered bipartite, but that there are more political parties like the Green Party or Socialist Independent parties.

• Founded in 1854 by opponents to the expansion of slavery

• Key figure → Abraham Lincoln

• From the New Deal onwards, they favoured more limited intervention in economy than Democrats. (More pro-free market)

• Now hold a conservative position

EXPLAIN MAGA!!!! (Founded June, 2015)

5. POLITICAL PARTIES AND ELECTIONS. 5.2. Democratic Party

• Older than the Republican Party

• Developed from the political movement associated with Andrew Jackson

• Traditionally held a strong base in Southern states, but with the political realignment of 1960s, strong base changed to rich, Northern, educated states. Republicans, contrarily, thrive in rural areas.

• Key figure → Franklin Delano Roosevelt, New Deal.

• Now → Hold a liberal and progressive position.

5. POLITICAL PARTIES AND ELECTIONS. 5.3. Choosing the candidate

• Elections for federal office are held in November , on even-numbered years.

• A political party selects candidates through primaries and caucuses

• Primaries and Caucuses→ determine delegates for national party conventions and vary from state to state ≠ systems.

  • Open primary → no need for affiliation to political party to vote

  • Closed primary → only those affiliated with a particular party may participate

• Modern political campaigns cost $$$ and a lot of investment.

5. POLITICAL PARTIES AND ELECTIONS. 5.4. Election of POTUS

Done through electoral college:

1) Primaries and caucuses

2) Parties hold national conventions (especially during the summer). Here the number is reduced to one presumptive nominee, for POTUS and VPOTUS

3) November elections: each state has a number of votes. Total of 538 votes → 270 needed to call the race.

**In most cases, the candidate who receives most popular votes wins all of the states’ electoral votes. However, in Maine and Nebraska, some electoral votes are awarded by congressional district. Because votes are allocated by state, a candidate can win the presidency while receiving fewer popular votes.

5. POLITICAL PARTIES AND ELECTIONS. 5.5. Election for Congress (Midterms)

• Held halfway through Presidential term, in November.

• Senators → elected every six years.

  • Each state elects 2 senators, and approximately 1/3 of Senate is elected every two years

• Representatives → elected every two years

  • Number of reps varies depending on state population. Total 435 reps.

  • Most House elections use single member districts. The candidate with the most votes wins.

  • Requirement: candidates MUST be from the state selected.

6. HOW THE GOVERNMENT WORKS. 6.1. The balance.

• The European idea that gvt. is formed by 1 party and the others are the opposition is slightly different from the reality in the US. In the US, Congress may have majority opposition, thus ≠ than government (THUS WHY MIDTERMS ARE IMPORTANT)

• However, the President normally aligns in majority with Congress

6. HOW THE GOVERNMENT WORKS. 6.2. POTUS at work

• POTUS may be limited by Congress (refuse funding, e.g.)

• Functions:

  • Chief Commander of the Armed Forces

  • Signs and negotiates treaties…

  • Can veto legislation

  • Grants pardons

  • Nominates federal judges, ambassadors, and other federal officials.

• The Cabinet (15 executive members):

  • Secretary of State (current one Marco Rubio)

  • Secretary of Defense (Pete Hegseth)

  • “ “ Treasury

  • Transportation

  • Attorney General (Todd Blanche, leads DoJ) BTW DoJ is EXECUTIVE, not JUDICIAL.

6. HOW THE GOVERNMENT WORKS. 6.3. Congress at work

• The House represents the people: 435 voting members

• The Senate represents the state: 1 state x 2 senators.