Notes on Democratic Governance: Presidential vs Parliamentary Systems, Rule of Law, and Case Studies

Core Concepts in Democratic Governance

  • The idea that the majority should not simply sweep away minority rights is illustrated with historical examples like Nazism in Germany and past inequalities in the U.S. (civil rights era). The point: a healthy system curbs majority power to protect minority rights.
  • Multiparty systems recognize the necessity of compromise.
    • Compromise is an agreement that satisfies both parties.
    • Historically, compromise was more common (e.g., Reagan and Tip O'Neill). They would invite each other to the White House for conversation and beer around 11:30 pm to work out differences.
  • The importance and limits of compromise in governance and everyday life (e.g., marriage analogy: two sides agree to a mutual concession to reach a decision).
  • A fair voting system is essential in a republic. Examples cited include debates about election integrity across years: Georgia governor race in 20182018, the 2016 election, and the 2020 election where accusations of “jankiness” were raised by different parties. The underlying point: concerns about fairness have been raised across party lines.
  • Rule of Law: no one is above the law. Leaders like Biden and Trump are not above the law; government officials should not break the law.
  • Democratic governance includes more than voting: informed participation, learning about issues, running for office, petitioning or addressing the government.

The Three Branches and Their Roles

  • Legislative branch: makes laws.
  • Executive branch: enforces laws (the President and the federal executive branch).
  • Judicial branch: interprets laws and actions to determine constitutionality.
  • Historical note: in the 1830s, Andrew Jackson faced a collision between presidential will and judicial/legislative processes with Cherokee removal: the executive attempted to enforce removal despite existing rulings.

Presidential vs Parliamentary Systems: Structure and Checks

Presidential System (e.g., United States framework)

  • The President is separate from the Legislature; branches are co-equal and independent.
  • Checks and balances (Montesquieu’s influence): prevent the concentration of power.
    • How the President can check Congress: Veto a bill.
    • How Congress can check the President: Impeachment (the House brings charges; the Senate conducts the trial and verdict).
    • Impeachment is not removal by itself; it is the charging and initiating process. The Senate trial then decides whether to remove.
    • The President can issue Executive Orders; these carry the weight of law, but must be interpretable and constitutional under judicial review.
  • How laws and orders are interpreted: the Judicial Branch reviews legality and constitutionality of laws and executive actions.
  • Electoral mechanics:
    • The people elect the President indirectly via the Electoral College. Electors meet in December to cast votes based on the popular vote in each state.
    • The people also elect the Congress directly.

Parliamentary System

  • Parliament (the legislative branch) elects the Prime Minister, who is a member of Parliament.
  • The Prime Minister is not elected separately by the general public; they come to power through majority party selection in Parliament.
  • Because the PM is tied to the majority in Parliament, the PM can be removed by a majority vote (e.g., no-confidence mechanisms in many parliamentary systems).
  • In contrast to the presidential model, executive and legislative powers are more fused in practice.

What They Share (Middle Ground)

  • Both are democratic forms with representative government.
  • Both have legislatures and aims to share and divide power to avoid tyranny.
  • Both require an informed citizenry for legitimacy and stability.
  • Both rely on a functioning judicial system to interpret laws and protect constitutional rights.

Direct vs Indirect Elections and Constitutional Amendments

  • Direct elections and the role of the electorate:
    • In the U.S., voters elect the House and Senate (legislature) and the President (via the Electoral College).
    • The direct election of Senators was established by the 17extth17^{ ext{th}} Amendment, which changed how Senators are selected (previously chosen by state legislatures).
  • Federal Reserve and economic governance:
    • The Federal Reserve was described as created in 19301930 (historical note from the lecture; broader history places the Federal Reserve Act in 19131913; this course material references 1930).
    • The argument around the Fed includes debates about who wields economic power and how monetary policy is shaped.
  • Tax policy note:
    • The income tax was historically framed as a tax on a small fraction of the population (the 1 ext{%}), but the system evolved to tax broader segments.

Case Examples and World Government Classifications (Class Activity)

  • United States
    • Participation: democracy
    • Geography/Structure: federal system (national government shares power with states and localities)
    • Executive-Legislative relationship: presidential (separate, coequal branches)
    • Note: the US model emphasizes the sharing and division of powers; voters elect both the legislative branch and the executive branch.
  • Mexico
    • Participation: democracy
    • Geography/Structure: federal system
    • Executive-Legislative relationship: presidential
    • Note: described as similar to the US in the classroom example (democracy, federal, presidential).
  • Japan (Tokyo)
    • Participation: democracy
    • Geography/Structure: unitary system (power centralized in Tokyo)
    • Executive-Legislative relationship: parliamentary (Prime Minister is elected from among members of Parliament)
    • Constitutional monarchy
  • Brazil
    • Participation: democracy
    • Geography/Structure: federal system
    • Executive-Legislative relationship: parliamentary (class material described as parliamentary) and also described as an oligarchy controlling a democracy
    • Additional framing from class: a democracy largely controlled by a small elite or “dollar” influence; oligarchic control over democratic processes
  • Brazil (summary note from class): democracy that is controlled by a dollar; federal; parliamentary
  • Mexico/Japan/US classification notes: the class activity encourages using Internet sources to verify and complete the exercise; students were advised to fill out the Google Form and to reattempt for a higher score

Key Terms, Concepts, and Facts to Memorize

  • Democracy, Autocracy, Oligarchy: basic forms of governance discussed in the context of classifying governments
  • Multiparty system and compromise: the need for cross-party agreement to govern effectively
  • Rule of Law: extnooneisabovethelawext{no one is above the law}
  • Checks and Balances: mechanisms that allow each branch to limit the others (e.g., veto, impeachment, executive orders)
  • Separation of Powers: legislative, executive, judicial branches with distinct functions
  • Federal vs Unitary systems: distribution of power between central and subnational governments
  • Presidential vs Parliamentary systems: different configurations of executive authority and legislative power
  • 17th Amendment: direct election of U.S. Senators
  • The Federal Reserve (Fed): concept and debate about its creation and role in the economy
  • Civil Rights Act of 19641964; Voting Rights Act of 19651965
  • Presidential history references:
    • Reagan (years in office: 1981198119891989), Tip O'Neill as House Speaker
    • Impeachment: 4{4} impeachment trials in U.S. history; two involving President Donald J. Trump (as described in the lecture)
  • Cherokee removal (1830s) as a cautionary note on the limits and conflicts between branches
  • Electoral College: indirect method of electing the President in the U.S.; electors meet in December

Quick Reference: Formulas and Numeric References (LaTeX)

  • Two-thirds vote in Congress: rac23rac{2}{3}
  • Years and Amendments (as referenced in the lecture):
    • Civil Rights Act: 19641964
    • Voting Rights Act: 19651965
    • Reagan’s presidency: 19811981 to 19891989
    • Electoral considerations for the President: 19801980 election year, President took office in 19811981
    • 17th Amendment (direct election of Senators): 17extth17^{ ext{th}} Amendment
    • Federal Reserve creation date (course material): 19301930 (note: historical context varies by source)

Final Notes and Exam Prep Tips

  • The central distinction across systems is how executive power is chosen and constrained: fully separate (presidential) vs fused with the legislature (parliamentary).
  • Remember the key checks: veto power, impeachment, executive orders, and judicial review.
  • Be able to classify countries by three criteria: who participates, geographic structure, and executive-legislative relationship.
  • For the exam, you may be asked to explain how a system balances majority rule with minority rights, and how compromise has historically played a role in governance (e.g., Reagan–O'Neill).
  • Expect questions that require identifying whether a country uses a unitary vs federal structure, and whether its executive is directly elected or chosen by the legislature.
  • Be ready to discuss the role of the courts in upholding the rule of law and preventing unconstitutional actions, using the Cherokee removal example or modern interpretations as context.

Practice Exercise (Class Activity)

  • You will classify a set of countries (e.g., U.S., Mexico, Japan, Brazil) along the three dimensions:
    • Participation: democracy, autocracy, or oligarchy
    • Geographic structure: federal or unitary
    • Executive-Legislative relationship: presidential or parliamentary
  • You may use the Internet and discuss with peers; submit your classification in the Google Form. The instructor notes you can retake for a higher score.

Exam Tip: Referenced Diagram

  • The lecturer mentioned a pictorial diagram used on the final exam that summarizes these concepts. Expect to interpret or reproduce a similar schematic showing the relationships between voters, legislative/electoral processes, and executive selection in different systems.