Separation of Powers

Transcription

1 Constitution

2 Separation of Powers Key concept! A theory of government where political power is distributed among three branches of government- the legislature, the executive and judiciary. It is better understood as the theory of shared powers.

3 FEDERAL GOVERNMENT POWER LEGISLATURE (MAKES THE LAWS) EXECUTIVE (CARRIES OUT THE LAWS) JUDICIARY (ENFORCES AND ONTERPRETS THE LAWS) CONGRESS (HOUSE OF REPRESENTATIVES & SENATE) PRESIDENT VICE PRESIDENT EXECUTIVE OFFICE EXECUTIVE DEPARTMENTS AGENCIES SUPREME COURT (APPEAL COURTS AND TRIAL COURTS)

4 The Founding Fathers They had the idea that each of the independent yet coequal branches should check the power of others. They wanted limited government where the government would only do what is essential. The three branches were to be separate in terms of their personnel, no person can be in more than one branch of the federal government at the same time. E.g Senator Al Gore was elected vice-president, he had to resign from Senate Senator Barack Obama was elected President, he had to resign from the Senate. Despite this the term shared powers is misleading, Richard Neaustadt was the most helpful in clearing up this confusion, he wrote that it created a government of separated institutions sharing powers.

5 Philadelphia Convention 1787 This convention was called to amend the Articles, a new constitution was emerged. The 55 delegates became known as the Founding Fathers they considered two alternative models of government. James Madison s Virginia Plan- The national government would draw its authority from the American people rather than from the states. There would be a bicameral legislature that would be directly elected. The New Jersey Plan- It proposed a unicameral legislature based upon the states allocating equal representation regardless of size. The states would also be able to remove members of the executive branch.

6 The Great Compromise was created, the number in the lower chamber (The House of Representatives) were to be based upon a states population. However to meet the needs of the smaller states, the Senate was to be based upon equal representation. The convention placed constraints on the will of the majority. It agreed that only the House of Representatives would be directly elected by the people. The president would be indirectly elected through an electoral college. Senators would be chosen by the state legislatures. The judiciary would be appointed. There were tensions between free states and the slave states, slavery hence wasn t addressed in the Constitution. Alexander Hamilton argued that there had to be energy in the executive so as to unify the nation. The Constitution also sought to establish a compromise between those who feared the states would lose their independence and authority and the nationalists who believed that a stronger form of national government was required if the country was to survive.

7 Checks and Balances Key Concept A system of government in which each branchlegislative, executive and judicial- exercises control over the actions of other branches of government

8 Checks on! Checks by The legislature The executive The judiciary The legislature à Amend block or reject items of legislation. à E.g. G.W. Bush attempt at immigration reform in 2007 à Override Presidents veto The Executive à Recommend legislation à à Veto legislation à Impeachment, trial, conviction and removal from office. à March 2010 Thomas Pertous was impeached à Propose constitutional amendments. à!appointment of judges à Pardon à E.g. President Ford pardoned Nixon on Watergate scandal. The Judiciary! Judicial Review! Judicial Review

9 Importance of Checks and Balances Encourages bipartisanship and compromise between the President and Congress Usually laws are passed, treaties ratified, appointments confirmed and budgets fixed only when both branches work together rather than pursue a partisan approach. E.g December 2010 President Obama managed to get the Tax Relief and job creation act passed by Congress only because substantial numbers of Republicans in both Houses were prepared to support it. However it can result in gridlock Divided Government Where one party controls the presidency and the other party controls Congress. E.g. Presently Republicans control whole of Congress and Democrat Obama is the President.

10 Constitutional Rights

11 Why the Constitution has been amended so rarely? The Founding Fathers deliberately created a difficult process The document is unspecific hence it has evolved without the need for formal amendment Supreme Courts judicial review allows the court to interpret the constitution hence change the meaning of the words Cautious with tampering constitution E.g. Prohibition of alcohol

12 Bill of Rights 1 st Amendment- Freedom of religion, freedom of speech, freedom of the press and freedom of assembly. 2 nd Amendment- The right to keep and bear arms 4 th Amendment- Right against unreasonable searches 5 th Amendment- Right to silence, protecting the individual from self incrimination 8 th Amendment- Cruel and unusual punishments shall not be inflicted 10 th Amendment- Powers reserved to the state and to the people Later Amendments 13 th, 14 th and 15 th guarantee rights for former slaves of equal protection and due process 19 th - Voting rights were guaranteed for women

13 FEDERALISM

14 What is Federalism? This principle divides power between the Federal Government in Washington and the states each run by a governor and a legislature and court. Federalism differs from devolution in the UK due to the USA s entrenched constitution and Amendment of the constitution- Bill of Rights Key Concept Political power is divided between a national government and state governments each having their own substantive jurisdiction. It involves a degree of decentralisation.

15 The Changing Federal- State relationship!the westward expansion!the growth of population! Industrialisation!Improvement in communication! The Great Depression! Foreign Policy! Supreme Court decisions

16 PHASES OF FEDERALISM New Federalism 1970s-Present Since the 1970s there has been an attempt to devolve powers to the states-this was associated with small government and with republican presidents- Nixon, Ford, Reagan, G.W. Bush ( ) Even Democrat Bill Clinton continued this policy. Federalism under G.W. Bush Andrew Clime wrote: When Americans handed Republicans the reins of government they thought they were getting a conservative regime, one that would be honest, frugal and competent. Instead, they got a big government regime that has been dishonest, profligate and incompetent. Federal government grew by 33% during Bush s first term, the federal budget grew dramatically during the G.W. Bush administration. There were four policy areas that expanded federal government. Education By 2006, the department was spending $93.4 million, a 165% increase in 5 years. The No Child Left Behind Act 2002 ushered the most sweeping changes in federal education policy since the 1960s. It tripled the amount of federal funding for scientifically based reading programmes. Medicare In December 2003, George W. Bush signed a major Medicare expansion bill into law including a new prescription drug benefit. Medicare is a federal government healthcare programme for the elderly introduced in 1965 by Democrat President Lyndon Johnson. Homeland security and defence Between 2001 and 2009 spending by the department of defence increased from $290 million to $651 million, an increase of 125%. This however was the result of the events of September 2001 and the military operations in both Afghanistan and Iraq and the push to significantly increase homeland security. Economy and Jobs Henry Paulson took control of the two troubled privately owned but government sponsored mortgage companies. Many see the way forward in returning to the view that states can act once again as policy laboratories. Massachusetts, Vermont and Maine are offering model attempts at providing or requiring universal health insurance. Federalism under Barack Obama Obama focused much more domestic policy as a way of delivering change agenda which was announced during Obama s 2008 campaign. By 2012 the ratio of state and local government employees to federal employees was the highest since before Presidents Roosevelt s New Deal in the 1930s. The increase in federal money going to the states during Obama s first term came partly as a result of the re-authorisation of the State Children s Health Insurance Programme; The expansion of Medicaid and over $4 billion invested in the Race to the Top programme to boost education in the states as well as programmes like the Pell Grants for university education. His healthcare reform was criticised for its implications for the federal-state relationship. The Republicans saw it as the end of federalism. Those from the Tea Party Movement criticised Obama of not being a federalist but rather a socialist. Obamas expansive view of federalism has been curbed by the Supreme Courts refusal to allow this legislation to stand under and expansive reading of the commerce clause, but only under Congress s power to levy taxes. The decision was clearly based on a more limited role of the federal government than President Obama and Democrats in Congress had claimed.

17 Consequences of Federalism à à à à à à Legal consequences: There s a variety in state laws on such matters as the age at which people can marry or drive a car or attend school Policy consequences: The states can act as laboratories. E.g. In 2010 Arizona voters approved proposition 107 which prohibited the state from discriminating for or against individuals on the basis of race or ethnicity, effectively banning any form of affirmative action. Political consequences: All elections in the US are state based and run under state law Consequences for political parties: Political parties in US are essentially decentralised, state based parties. Texas Democrats are more Conservative than Massachusetts Democrats. Vermont Republicans more liberal than South Carolina Republicans. One can see the effects of Federalism in the United States Congress with its state based representation. Economic consequences: These are not only seen in the huge federal grants going to the states, also in the complexity of the tax system in America. Regionalism: The regions of the South, the Midwest etc all have distinct cultures and accents and other ideological differences.