The 2016 U S Presidential Election A 2014

The 2016 U. S. Presidential Election: A 2014 (Minority) View Ethan S. Burger Adjunct Professor Washington College of Law American University Washington, D. C. 1

The U. S. Constitution • Article 1, provides in part that “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of Senate and House of Representatives. “ Congress shall “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, or in any department or officer thereof. ” • Article 2 provides that the President is head of the executive branch of the federal government, as well as the nation's, head of state and head of government. 2

Federalism (1 of 2) • Federalism is a system of government in which power is divided between a national (federal) government and various state governments. In the United States, the U. S. Constitution gives certain powers to the federal government, other powers to the state governments, and yet other powers to both. • States have their own legislative branch, executive branch, and judicial branch. The states are empowered to pass, enforce, and interpret laws, as long as they do not violate the Constitution. • The federal government determines foreign policy, with exclusive power to make treaties, declare war, and control imports and exports. The federal government has the sole authority to print money. Most governmental responsibilities, however, are shared by state and federal governments and these include taxation, business regulation, environmental protection, and civil rights. 3

Federalism (2 of 2) • Delegated Powers – Delegated powers are those powers specifically assigned to the Federal Government. The national government has very specific enumerated powers including the regulation of interstate and international trade, coinage and currency, war, maintenance of armed forces, postal system, enforcement copyrights and power to enter into treaties. • Reserved Powers – In this case, all powers not specifically delegated to the Federal Government are to be reserved or saved for the State Governments. These powers include power to establish schools, establishment of local governments, and police powers. • Concurrent Powers – Concurrent means “at the same time. ” Concurrent powers are those that both the federal and state governments share simultaneously, for example the power to tax, maintain courts and the ability to construct and maintain roads. • Implied Powers – These are powers that are NOT specifically delegated in the Constitution, but are understood to be necessary or allowed. The “necessary and proper clause” of the Constitution state that Congress has the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers” 4

The Election of the President • The President and Vice President are indirectly elected by the voters on the 2 nd Tuesday in November every four years. • The process is regulated by a combination of both federal and state laws. Each state is allocated a number of Electoral College electors equal to the number of its Senators and Representatives in the U. S. Congress. • Under the U. S. Constitution, each state legislature has the right to determine how its electors are chosen. The voters on Election Day choose electors established by rules determined by state governments. Most electors run on party slates and will vote in early January for their party’s presidential candidate. • The nomination process, including the primary elections and the nominating conventions, was never specified in the Constitution, and was instead developed by the states and the political parties. This too is also an indirect election process, where voters cast ballots for a slate of delegates to a political party's nominating convention, who then in turn elect their party's presidential nominee. 5

The Electoral College 6

Cycle Total Cost of Election Congressional Races Presidential Race 2012 $ 6, 285 million $ 3, 664 million $ 2, 621 million 2010 $ 3, 631 million N. A. 2008 $ 5, 285 million $ 2, 485 million $ 2, 799 million 2006 $ 2, 852 million N. A. 2004 $ 4, 147 million $ 2, 237 million $ 2. 191 million 2002 $ 2, 181 million N. A. 2000 $ 3, 082 million $ 1, 669 million $1, 413 million 1998 $ 1, 618 million N. A. The Role of Money 7

Bill of Rights – 1 st Ten Amendments to Constitution • First Amendment - Religion, Speech, Press, Assembly, Petition the Government • Second Amendment - Right to Bear Arms • Fifth Amendment - Due Process Rights • Ninth Amendment - Non-Enumerated Rights • Tenth Amendment - Rights Reserved to States or People 8

Supreme Court’s Ruling in “Citizens United vs. Federal Election Commission. ” • Holding: Political spending is a form of protected speech under the First Amendment, and the government may not keep corporations or unions from spending money to support or denounce individual candidates in elections. While corporations or unions may not give money directly to campaigns, they may seek to persuade the voting public through other means, including ads, especially where these ads were not broadcast. • Judgment: Reversed, 5 -4, in an opinion by Justice Anthony Kennedy on January 21, 2010. in a 5 -4 decision with an opinion written by Justice Kennedy. Justice Stevens dissented, joined by Justices Ginsburg, Breyer, and Sotomayor. 9

Likely Democratic Candidates for President 10

American Presidential Dynasties: The Clinton and Bush Families? 11

Anybody But Hillary [Clinton]? 12

Likely Republican Candidates for President 13

Turnout is Key 14

What Do People Care About? 15

Lobbyists 16

How it Works 17

Who Actually Votes? 18

Who Votes? 19

Who Votes? 20

Gerrymandering 21

The Power of Wall Street 22

What Do the People Think About Income Distribution? 23

U. S. Wealth Distribution 24

The Two Party System 25