AJ47001
Introduction to American Studies
Autumn Semester 2018: Government
Key Concepts
̶ Federalism
̶ Separation of Powers
̶ Balance of Powers
̶ Party system
̶ State and Local Government
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Hollywood’s imagining of
American government and politics
̶ Mr. Smith Goes to Washington (1939), directed by Frank Capra, starring James Stewart
̶ All the King’s Men (1949), directed by Robert Rossen, starring Broderick Crawford
̶ Advise & Consent (1962), directed by Otto Preminger, starring Henry Fonda
̶ The Manchurian Candidate (1962), directed by John Frankenheimer, starring Angela Lansbury
and Frank Sinatra
̶ Chinatown (1974), directed by Roman Polanski, starring Jack Nicholson and Faye Dunaway
̶ All the President’s Men (1976), directed by Alan J. Pakula, starring Dustin Hoffman and Robert
Redford
̶ Being There (1979), directed by Hal Ashby, starring Peter Sellers and Melvyn Douglas
̶ Wag the Dog (1997), directed by Barry Levinson, starring Dustin Hoffman and Robert De Niro
̶ Amistad (1997), directed by Steven Spielberg, starring Morgan Freeman and Djimon Hounsou
̶ Lincoln (2012), directed by Steven Spielberg, starring Daniel Day Lewis and Sally Field
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Constitution
Federal
Government
State
Governments
(Governor)
Counties
Executive Branch
(President)
Legislative
Branch
Judicial Branch
Incorporated
Municipalities
Unincorporated
Areas
TownshipsSupreme Court
Courts of Appeals
(11 Districts)
Federal
District Courts
(94 districts)
Senate
House of
Representatives
Departments
and Secretaries:
State, Defense,
Justice, Interior,
Agriculture,
Education,
Health &
Human Services,
etc.
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The Constitution
̶ The American Constitution
was drafted in 1787 by
representatives of 12 of the
13 states (Rhode Island
chose not to send a
representative)
̶ Ratified by the necessary 9
states in 1788.
̶ It consists of 7 articles and is
4,400 words long.
̶ The first 10 amendments (the
“Bill of Rights”) were ratified in
1791.
̶ The constitution has been
amended a further 17 times
(the last being in 1992).
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Preamble to the Constitution
We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.
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Powers in the Constitution
̶ Expressed Powers
̶ Explicitly listed in the Constitution, primarily in Article I, Section 8. They
include:
The right to collect taxes, declare war, and regulate interstate and foreign trade.
̶ Implied Powers
̶ Powers deriving from the needs of Congress to pass laws “necessary
and proper” for the implementation of its Expressed Powers
̶ Concurred Powers
̶ Both levels of government may act. The national government laws are
supreme in case of a conflict.
̶ Reserved Powers
̶ Powers that the Constitution does not give to the national government or
forbid to the states belong to the people or to the states
These include regulating social institutions, public education, etc.
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The Bill of Rights - 1791
̶ First Amendment [Religion, Speech, Press, Assembly, Petition]
̶ Second Amendment [Right to Bear Arms]
̶ Third Amendment [Quartering of Troops]
̶ Fourth Amendment [Search and Seizure]
̶ Fifth Amendment [Grand Jury, Double Jeopardy, Self-Incrimination, Due Process]
̶ Sixth Amendment [Criminal Prosecutions - Jury Trial, Right to Confront and to
Counsel]
̶ Seventh Amendment [Common Law Suits - Jury Trial]
̶ Eighth Amendment [Excess Bail or Fines, Cruel and Unusual Punishment]
̶ Ninth Amendment [Non-Enumerated Rights]
̶ Tenth Amendment [Rights Reserved to States]
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Other critical sections of the Constitution
̶ Article IV, Section 1.
̶ Full Faith and Credit shall be given in each State to the public Acts, Records, and
judicial Proceedings of every other State.
̶ Amendment IX
̶ The enumeration in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people.
̶ Amendment X
̶ The powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the people.
̶ Amendment XIV, Section 1.
̶ All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any person
of life, liberty, or property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.
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Separation of Powers & Checks and Balances
̶ The Constitution together with Supreme Court rulings, in particular Marbury
v. Madison (1803) have created the system we know today
̶ The critical importance of Marbury is the assumption of several powers by
the Supreme Court.
̶ One was the authority to declare acts of Congress, and by implication acts of
the president, unconstitutional if they exceeded the powers granted by the
Constitution.
̶ Even more important, the Court became the arbiter of the Constitution, the
final authority on what the document meant.
̶ As such, the Supreme Court became in fact as well as in theory an equal
partner in government, and it has played that role ever since.
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Electing a President
̶ Electoral College consists of 538 electors
̶ 435 based on the House of Representatives
̶ 100 based on the U.S. Senate
̶ 3 for the District of Columbia
This is a result of the XXIII Amendment (1961)
̶ Each state receives a number of electors equal to its
number of representatives and senators
̶ The minimum number is 3
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Electoral College Map for the years 2012-2020
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Getting Elected
̶ In order to be elected a candidate needs to win a majority of the
votes in the Electoral College
̶ This number is currently 270
̶ For most states, the candidate receiving the most popular votes in
that states wins all of its electoral votes
̶ Maine and Nebraska use a system based on Congressional
districts, but this has yet to impact the elections at the national
level.
̶ Presidential elections may therefore be considered a series of 51
separate elections
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The 2012 Presidential Election
Candidate Popular vote
Percentage of
popular vote
Electoral
College
Barack H. Obama (D-IL) 65,910,437 51.07% 332
Mitt Romney (R-MA) 60,932,795 47.21% 206
Gary Johnson (Lib-NM) 1,275,951 0.99%
Other (5 + write-ins) 960,128 0.73%
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The 2016 Presidential Election
Candidate Popular vote
Percentage of
popular vote
Electoral
College
Hillary Clinton(D) 65,853,514 48.2% 232
Donald J. Trump (R) 62,984,828 46.1% 306
Gary Johnson (Libertarian) 4,489,235 3.27%
Jill Stein (Green) 1,457,226 1.06%
Other (27 + none of the
candidates + write-ins)
1,186,153 0.86%
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Peculiarities
̶ It is possible to get the most popular votes and still not be elected.
̶ This has happened five times in American history
̶ 1824: No candidate gets a majority in the Electoral College so the election is decided in the
House of Representatives where John Quincy Adams, who finished second in the popular
vote to Andrew Jackson (30.92 to 41.35%) is elected president.
̶ 1876: Samuel Tilden (D) defeats Rutherford B. Hayes (R) in the popular vote (50.97 to
47.95%), but backroom dealings cause electors from the states of South Carolina and
Florida to vote for Hayes in the House of Representatives, making him president.
̶ 1888: Benjamin Harrison (R) defeats incumbent Grover Cleveland (D) in the Electoral
College (233-168), while losing the popular vote (47.82 to 48.62%).
̶ 2000: Albert Gore, Jr. (D) defeats George W. Bush (R) in the popular vote (48.38 to
47.87%), but the Supreme Court in a 5-4 decision rules against a recount of the vote in
Florida (Bush v. Gore), giving Bush a 537-vote victory (0.009%) in Florida and all 25 of its
electoral votes, thus ensuring his election.
̶ 2016: Hillary Clinton (D) defeats Donald J. Trump (R) in the popular vote by 48.2% to
46.1% (2.9 million votes), but Trump wins the Electoral College 304-227
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House of Representatives
̶ Referred to as “Representative” or “Congressman/woman”
̶ The term “Congress” refers to both Houses
̶ Serve two-year terms
̶ Apportioned to the states on the basis of the decennial census
̶ The Constitution set the number at one representative per 30,000
inhabitants
̶ As the U.S. grew, this figure was increased
̶ In 1911, a maximum figure of 435 representatives was established
̶ This number is now “reapportioned” among the states based the census
̶ Each state draws its own districts according to local laws
̶ “Gerrymandering” is the drawing of district lines to give advantage to a
particular political party
̶ Term derived from the name of the Massachusetts governor Elbridge
Gerry (1744-1814) who was the first to create such districts in 1811
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Elbridge Gerry (1744-1814), governor of MA 1810-1812
Elbridge Gerry and the original “Gerrymander”
“The Gerry-Mander” Elkanah Tisdale, Originally published in
the Boston Centinel, 1812
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America’s most gerrymandered congressional districts
Washington Post, May 15, 2014
http://www.washingtonpost.com/blogs/wonkblog/wp/2014/05/15/americas-
most-gerrymandered-congressional-districts/
̶ Clockwise from the upper left:
̶ North Carolina – 12th District (97.09)
̶ Florida- 5th District (96.15)
̶ Pennsylvania – 12th District (96.05)
̶ Texas – 33rd District (95.60)
̶ North Carolina – 1st District (96.01)
̶ Maryland – 3rd District (96.79)
̶ The compactness of a district - a measure of how irregular its
shape is, as determined by the ratio of the area of the district to
the area of a circle with the same perimeter - can serve as a
useful proxy for how gerrymandered the district is.
̶ the point of gerrymandering isn't to draw yourself a collection of
overwhelmingly safe seats. Rather, it's to give your opponents
a small number of safe seats, while drawing yourself a larger
number of seats that are not quite as safe, but that you can
expect to win comfortably.
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115th and 116th Congresses: House of Representatives
115th Congress (January 2017- January 2019)
̶ 197 Democrats, 236 Republicans and 2 vacancies
̶ House is lead by the Speaker, who exercises fairly wide powers
over issues of agenda and procedure
̶ The Speaker is second in line to the presidency after the Vice-
President
̶ The Speaker of the House is Rep. Paul Ryan (R-WI)
̶ Rep. Ryan has been the Speaker since the October 2015
116th Congress (January 2019 - January 2021)
̶ 235 Democrats, 200 Republicans
̶ Democrats have nominated Rep. Nancy Pelosi (CA) to be Speaker
̶ Rep. Pelosi was Speaker from 2007-2011
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115th and 116th Congresses: Senate
̶ Two senators per state
̶ 50 states = 100 senators
̶ Senators serve 6-year terms, with 1/3 of the senators up for reelection every 2 years
̶ The presiding officer is the President of the Senate (the Vice-President of the United States), who
votes only in cases of a tie
̶ Day-to-day affairs are run by the Majority Leader (Sen. Mitch McConnell, R-KY) and the debate
controlled by the President pro-tempore (Sen. Orrin Hatch, R-UT)
̶ 115th Congress: 47 Democrats, 51 Republicans and 2 independents who caucus with the
Democrats, giving the Republicans a majority of 51-49
̶ 116th Congress: 45 Democrats, 53 Republicans and 2 independents who caucus with the
Democrats, giving the Republicans a majority of 53-47
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Senators by State
115th Congress
̶ 115th Congress
̶ Blue = 2 Democratic senators (17 states)
̶ Red = 2 Republican senators (19 states)
̶ Mixed Representation (16 states)
̶ Purple = 1 Democratic and 1 Republican
senator
̶ Striped = 1 independent senator and 1 partyaffiliated
senator
̶ 116th Congress
̶ 2 Republican senators: 22 states
̶ 2 Democratic senators: 20 states
̶ Mixed representation: 9 states
Changes in the Senate
̶ Initially senators were elected indirectly through state legislators
̶ This changed with the passage of the XVII Amendment (1913),
which required the popular election of senators
̶ Deliberative body
̶ No restrictions on content or length of speeches unless “cloture”
is invoked, which requires a 3/5 majority to pass
• Originally required a 2/3 majority
̶ Filibuster is an extended debate designed to prevent voting on a
particular matter
• The most “infamous” filibuster was by Strom Thurmond (DSC)
spoke for 24 hours and 18 minutes in an attempt to
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Strom Thurmond (R-SC)
̶ Thurmond (1902-2003) served in the
Senate from 1954 to 2003, and when he
retired was the longest serving senator
in U.S. history (since surpassed twice).
̶ He left the Democratic Party in 1964
because of its commitment to Civil
Rights legislation
̶ After his death, it was revealed that he
had an adult daughter out of wedlock
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Essie Mae Washington-Williams
̶ Born in 1925 to a 16-year old black
maid working in the Thurmond
household
̶ Thurmond never publicly acknowledged
her but did support her financially into
adulthood
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Changes in House and Senate majorities over time
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116th Congress - House:
102 women (23.5%)
89 Democrats, 13 Republicans
116th Congress - Senate:
22 women (22%)
15 Democrats, 7 Republicans
Party System
̶ Need for majorities
̶ Stable, broadly-based parties
̶ All American presidents (except Washington) have been
representatives of one of four political parties:
̶ Federalist (2 presidents) – 1796-1820
̶ Democrat (Republican/Republican-Democrat) (19) – c. 1800-
present
̶ Whig (4) – 1830s-1850s
̶ Republican (19) – 1850s-present
̶ Since 1860, Republicans have dominated presidential elections
(25 R victories versus 16 D)
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Today’s two-party system
̶ Republicans
̶ Represent conservative part of the political spectrum
̶ Today two types of conservatives:
̶ Social Conservatives (New Right) – came to the fore with the election of Ronald Reagan in
1980
̶ Fiscal Conservatives
̶ Also known as the GOP (Grand Old Party)
̶ Popular abbreviation dating to the 1870s and 1880s
̶ Symbolized by an elephant
Thomas Nast first used it in the Nov. 7, 1874 issue of Harper’s Weekly
̶ Democrats
̶ Represents more liberal part of the political spectrum
̶ Following in the legacy created by FDR in the 1932 and 1936 elections: minorities (blacks,
ethnic immigrants), labor union members, intellectual liberals (Jews)
̶ Democratic Party / Democrat Party
̶ Symbolized by a donkey
̶ First used in the 1830s
̶ Becomes popular with Nast’s use in the Jan. 15, 1870 issue of Harper’s Weekly
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L: “A Live Jackass kicking a Dead Lion” (January 15, 1870) R: “The Third-Term Panic” (November 7, 1874)
Thomas Nast landmark cartoons from Harper’s Weekly
Thomas Nast (1840-1902)
Merry Old Santa Claus, wood engraving published in
Harper’s Weekly, January 1, 1881
̶ Famous caricaturist and editorial
cartoonist in the 19th century
̶ Considered to be the father of
American political cartooning
̶ Also responsible for the classic
American image of Santa Claus
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̶ Both parties use systems of primary elections to select candidates for the
general elections.
̶ There have been and are many “third parties” in American politics. Generally
speaking their successes have been either very short term or limited to the
local and, exceptionally, state levels.
̶ Recent examples include the Green Party (Ralph Nader received 2.73% of
the vote in the 2000 Presidential election (including 10% in Alaska)
• Currently have 164 elected officials in 19 states (3 state representatives,
remainder local)
• There are 84,955 total local political units in the US
̶ In 1992, H. Ross Perot won 18.91% of the vote as an independent candidate
He did not win any electoral votes, coming the closest in Maine, where he
finished second, losing to Bill Clinton by 8% of the popular vote.
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State Governments
̶ All the states must have a “Republican” form of government (Constitution, Article IV, Sec. 4)
̶ Elected executive
̶ Governor, lieutenant governor (sometimes elected together (presidential model), sometimes
separately)
̶ Department secretaries (State, Treasury, etc.) are elected popularly (not appointed as at the
federal level)
̶ Legislative system
̶ 49 states have a bicameral system (Nebraska has a unicameral system)
̶ Upper house generally known as a “Senate” but the lower house is known by a wide range
of names
̶ In all cases, election is single-member district-based
̶ Elected judges
̶ At the local and state levels, judges are elected
̶ In some states they are first appointed by the governor and then they must stand for
election.
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County governments
̶ All states except Alaska and Louisiana use counties as the principal political subdivision
beneath the state.
̶ There are currently 3,141 counties or their equivalents in the U.S.
̶ Louisiana uses the term “parish” but in most ways they are analogous with counties
̶ Alaska has “boroughs”, with a large portion of the state being encompassed within an
unorganized borough
̶ Some cities are either independent of any county (e.g. St. Louis, MO) or may be
coterminous with their county (e.g. the City and County of San Francisco, CA
̶ Political power delegated to counties varies greatly from state to state
̶ Relationships between counties and municipalities incorporated within them also vary greatly
̶ Most counties do have an elected board that manages county-wide affairs
̶ Elected county officials generally include (besides judges)
̶ District Attorney (prosecutor)
̶ Sheriff (police)
̶ Coroner (medical examiner)
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Counties of the United States:
50% of U.S. population lives in the
146 most populous counties (marked in blue)
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County Subdivisions
̶ Counties may be subdivided into:
̶ Incorporated municipalities
Cities, towns, villages
̶ Unincorporated areas
̶ Townships
Provide services similar to towns
̶ Special Districts
Water, Energy, Sanitation, Education, etc.
̶ At this level of government, usually elected boards (City Council, School
Board, etc.) provide local government services
̶ Mayors in larger cities are usually elected directly. In smaller cities and towns,
usually one member of the council serves as mayor on a rotating basis.
̶ Larger cities may also have other elected offices
̶ In many western states, elected offices at the local and county levels are nonpartisan.
This is tied to the spread of Progressive ideals (see below).
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Los Angeles County
Population: 10.16 million
(2017 est.)
Area: 12,310 km2
City of Los Angeles
population: 3.98 million
(2017 est.)
Area: 1,302 km2
87 other incorporated cities
Central Bohemia + Prague:
Pop.: 2.55 million
Area: 11,510 km2
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Los Angeles County politics: L: Los Angeles City Council districts;
UR: County Board of Supervisor districts; LR: Board of Education districts
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Referendums
̶ As a part of the Progressive Movement in the early 20th
century, many states, particularly in the West and Midwest
adopted systems of popular referendums or initiatives
̶ An attempt to give the people a more direct voice in
government
̶ May deal with specific issues that are placed on the ballot
as the result of people collecting signatures on petitions
̶ In some states, measures to raise local taxes or fees or to
issue government bonds must be approved in a
referendum
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Examples of important state-wide referendums
̶ California
̶ Proposition 227 (1998) – required all public school education to be in English only (no bilingual
education)
̶ Proposition 8 (2008) – Voters approve an amendment to the state Constitution to define marriage as
only between “a man and a woman” by a 52% - 48% margin. The amendment is immediately
challenged in the courts. Courts ruled the amendment unconstitutional.
̶ Oregon
̶ “Death With Dignity Act” (2002) – Oregon voters for a second time approve a law to allow doctors to
prescribe fatal doses of medicine for terminally ill patients
̶ Colorado
̶ Amendment 2 (1993) – Voters approve an amendment prohibiting local and state governments from
passing laws banning discrimination based on sexual orientation. Was overturned by the U.S.
Supreme Court in 1996 (Roemer v. Evans).
̶ Amendment 64 (2012) – Colorado becomes the first state to legalize recreational use of marijuana
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Děkuji za pozornost.
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