U S Political Culture September 12 2008 Professor

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

Colonial Life • Under British control for 100+ years • Property, free religion & other rights • Had about 4 million nonnatives • We were “born Lockean”

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

Constitution

Who is this?

King George III

George Washington

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

Truth Government Aristocracies Religious Institutions The People

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

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.

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

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

Taxes and Government Spending in Democracies Taxes Spending Denmark 54. 1 50. 2 Sweden 54. 0 51. 0 France 49. 1 52. 1 Germany 42. 8 43. 3 United Kingdom 41. 3 45. 1 Korea 35. 4 30. 8 Australia 35. 0 33. 5 Japan 34. 7 36. 1 United States 32. 8 38. 3 Percent of GDP 2008 Estimates, OECD, includes all levels of government within a country

Why Two Parties?

Minor Parties in U. S. History

Why does the U. S. have a 2 -party system? Consider: election districts are “single member” districts. Consider: States in the Electoral College are “winner take all. ” Remember: Whomever gets the most votes (a plurality) wins. Imagine an election within a district with the following outcomes: Mackerson 9% Aquino 18% Patterson 21% Hartpense 11% Grovner 27% Philips 14% Patterson 48% Party 1 Grovner Party 2 52%

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

Federalism in the US 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 2007 Census of Government, US Census Bureau

Ohio Counties

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.

U. S. Political Institutions Ne w s. M ed Interest Groups? Article 1: Legislature Make the Laws O C E L V O R E MONEY? G G T N A ST N Override Vetoes Confirm Judges ia? Article 2: Executive RU Administer the Laws ST Veto Bills Appoint Judges W PO R E Article 3: Judicial Decide Constitutionality

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

Two Brains

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 Create courts inferior to the Supreme Court Declare War Raise and support an Army and Navy and make rules for their governance Establish rules for naturalization Provide for a Militia Coin money, set it’s value, and fix the standard of weights and measures Exercise legislative power over the seat of government (the District of Columbia) Punish counterfeiting 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 Establish a post office and post roads Issue Patents and Copyrights Define and punish piracies

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

How a Bill Becomes a Law • • • 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) http: //www. youtube. com/watch? v=m. EJL 2 Uuv-o. Q

White House: The Basics • Presidents elected to 4 year terms. • May serve no more than 2 terms. (22 nd 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.

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

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

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

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

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

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.

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

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?

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

Judicial Review 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

Structure of Federal Judiciary State courts 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 • 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)

How the “Constitution” Changes • Amendments (27 of them) – Amendment is proposed by a vote of at least 2/3 rds of both houses of Congress – Amendment is ratified by the legislatures of at least 3/4 ths 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

Political Culture & Institutions Ne ws M ed Interest Groups? R ia? E W PO R E V O E Thank you. . L G Article 1: Article 2: Article 3: G questions? Any Legislature Judicial UExecutive R Decide Constitutionality Make the Laws Administer the Laws ST T Veto Bills N Override TA Vetoes S Appoint Judges N Confirm Judges O C MONEY?