American Government and Organization PS1301 Tuesday, 7 September

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Review: Does the republic need reforming? Low turnout Low turnout Citizen dissatisfaction (in comparative perspective) Citizen dissatisfaction (in comparative perspective) Failure to achieve electoral majorities - Loss of mandate Failure to achieve electoral majorities - Loss of mandate Lack of competitive elections – mostly congressional level Lack of competitive elections – mostly congressional level Crisis events –1998 Clinton impeachment and the 2000 presidential election Crisis events –1998 Clinton impeachment and the 2000 presidential election

Constitutional Crisis 1998 Impeachment of Bill Clinton Republican House majority elected with 48.9% nearly toppled a popular president over a matter most Americans found trivial Presidential Election Presidency placed in the hands of party that received fewer votes.

Prospects for Reform Is the idea of reforming the republic radical? How does it work and can the system be changed?

The U.S. Constitution The U.S. Constitution lays out the principals and rules that define our political system At the time the Constitution designed in 1787 it was extremely innovative. The American political system is unique in the world; most modern democracies are not designed this way. The U.S. Constitution was designed as an alternative to the Articles of Confederation which were written in 1777 and ratified in 1781 and contained the rules that governed our nation until 1789.

Emphasis on Individual Rights The constitution is designed to favor protecting the rights of the individual over respecting the wishes of the majority. Tyranny of the majority refers to a situation win which the majority uses its advantage in umbers to suppress the rights of the minority.

Protections Against Tyranny of Majority Divides authority through separate institutions with shared powers and checks and balances. Organized elections Requires supra-majorities Reserves some power for states Set boundaries on the powers of government; ie. Bill of Rights The Constitution is designed to preserve the status quo so it is very difficult to change.

Divided Authority Separate institutions Bicameralism Concurrent majorities Concurrent majorities Checks and balances Shared powers Federalism

Separate Institutions U.S. House of Representatives U.S. Senate Executive Branch Judiciary

Parliamentary Systems Prime Minister is a Member of Parliament (MP) MPs are also ministers (cabinet members) and perform executive functions. Divided government (where one party controls the executive branch and another controls the legislature is not possible). Greater efficiency; accountability Minority rights are not necessarily protected.

Method of Elections Geographically defined representation Fixed terms U.S. Representatives elected every 2 years U.S. Representatives elected every 2 years U.S. President elected every 4 years U.S. President elected every 4 years U.S. Senators elected every 6 years (1/3 rd of Senate elected every 2 years). U.S. Senators elected every 6 years (1/3 rd of Senate elected every 2 years). Staggered elections Indirect elections

Separate Institutions with Shared Power Congress passes legislation but President can use a veto President appoints executive officers and negotiates treaties. Senate confirms top executive appointments and ratifies treaties Judicial review (established in Marbury vs. Madison, 1803)

Examples of Supra Majorities Concurrent majorities (House and Senate) Concurrent majorities (House and Senate) Treaty requires 2/3rds of approval by Senate Treaty requires 2/3rds of approval by Senate Congress requires 2/3rds in both houses to over ride a presidential veto Congress requires 2/3rds in both houses to over ride a presidential veto Constitutional amendments require 2/3rds approval by both House and Senate and 3/4ths of states or Constitutional amendments require 2/3rds approval by both House and Senate and 3/4ths of states or 2/3rds in both houses of Congress and ratified by conventions in 3/4ths of the states (used once 21st Amendment--repealed prohibition) 2/3rds in both houses of Congress and ratified by conventions in 3/4ths of the states (used once 21st Amendment--repealed prohibition) National constitutional convention call by 2/3rds of the state legislatures National constitutional convention call by 2/3rds of the state legislatures

Process for Amendments

Reforms at the National Level The U.S. Constitution was designed to preserve the status quo. However, it does allow for changes to be made through supra-majorities. There have been a total of 17 Amendments since the original Bill of Rights: Examples: Voting extended to nonwhites (1870, 15 th Amendment) Voting extended to nonwhites (1870, 15 th Amendment) Direct election of senators (1913, 17 th Amendment) Direct election of senators (1913, 17 th Amendment) Women given right to vote (1920, 19 th Amendment) Women given right to vote (1920, 19 th Amendment) Elimination of poll tax (1964, 24 th Amendment) Elimination of poll tax (1964, 24 th Amendment) Extend voting rights to 18 yr olds (1971, 26 th Amendment) Extend voting rights to 18 yr olds (1971, 26 th Amendment)

Electoral Reform without Amending Constitution Voting Rights Act of 1965 Suspension of “literacy tests” Suspension of “literacy tests” Voter registration (local) subject to federal regulation and Justice Dept. protection Voter registration (local) subject to federal regulation and Justice Dept. protection Campaign Finance Reform 2002 McCain-Feingold: Ban on “soft” money to political parties (unlimited contributions) McCain-Feingold: Ban on “soft” money to political parties (unlimited contributions)

Effects of Voting Rights Act Voter registration rates Voter registration rates (1965 vs. 1988). Voter registration rates

Reforms at State Level More flexible Term limits Term limits Early voting; Texas as an example Early voting; Texas as an exampleTexas Voting by mail Voting by mail Direct democracy – initiative and recall Direct democracy – initiative and recall Direct primaries Direct primaries