Transcript Document

Prof. Bruno Pierri
Istituzioni politiche anglo-americane e
analisi dei linguaggi specifici
First Hour: United States Congress
--------------------------------------Second Hour: British Government/United States
Government
March 12th, 2009
US Congress: Historical Roots
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Constitution, Article I, Section 1: All legislative powers
vested in a Congress, consisting of Senate and House of
Representatives
Section 2: HR composed of Members chosen every two
years by electors in each State (now 435 Members)
Eligiblity to HR is 25 years of age, 7 years as citizen of the
US and resident, when elected, in the State represented
Each State elects a number of Representatives according
to population living in its territory (not only residents)
Section 3: Senate composed of two Senators from each
State (now 100 members), chosen by the Legislature for six
years
One third of Senate elected every two years
XVII Amendment 1913: Senators elected by people
Eligiblity to Sen. is 30 years of age, 9 years as citizen of the
US and resident, when elected, in the State represented
Two Senators per State
A) Larger States wanted HR and Senate in
proportion to State population
B) Smaller States thought this plan would
jeopardise their interests
 Compromise: Equal representation in Sen and
proportional representation in HR (membership
in Lower House in proportion to State population.
Membership in Upper House equal for each
State)
Senate Powers
Nominations: President nominates Justices,
Ambassadors and other public Ministers
and Consuls with advice and consent of
Senate
 Treaties: Senate has power to approve,
change, or amend, by a two-thirds vote,
treaties made by Executive
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Filibuster and Cloture
US Senators enjoy two privileges:
A) Unlimited debate
B) Unlimited opportunity to offer amendments
 Delaying debate or blocking legislation is
called Filibuster
 In 1917 Senate adopted Cloture to end
filibuster
A) Petition signed by 16 senators
B) Two days later petition is voted
C) Petition approved if three-fifths-majority is
reached
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Senate Offices
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US Vice President officially is President of Sen,
but rarely performs this role (special events and
tie votes)
President pro tempore serves on a day-to-day
basis
Floor Leaders: Majority and Minority leader,
elected by members of their party, serving as
spokespersons for their party. Majority leader sets
legislative programme and offers motions or
amendments before any other Senator
Majority and Minority Whip: Same as in UK
House of Representatives Offices
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B)
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Speaker of the House:
Third office of the Union, most important position
in HR, controlling schedule for House business
Spokesperson for majority Party
He/she does not usually participate in debate and
rarely votes
Responsible for ensuring that House passes
legislation supported by majority party
Majority Leader/Minority Leader: They control
party’s efforts on the floor
Majority Whip /Minority Whip
The British Government
Parliamentary Democracy – Constitutional
Monarchy
 No written Constitution
 Parliamentary Democracy – Executive chosen from
Legislature (House of Commons) and dependent for
support upon it
 Constitutional monarchy - Monarch is Head of State. In
theory Monarch retains some powers, but practically
they are exercised by Prime Minister
 Political party (or coalition) winning most seats in
general election forms Govt, led by party leader, who
becomes PM
 Premier appointed by Monarch
Parliament Confidence
Govt needs to retain confidence of House
of Commons
Confidence Motion: If HC indicates no
confidence in Govt, either by defeating it on
a confidence motion or by defeating a policy
that Govt has indicated is a matter of
confidence, then Govt calls general election
The Prime Minister
 1714-1727 George I of Hanover
A) German dinasty, the King did not speak English so well.
Need of an English speaking adviser
B) Sir Robert Walpole first PM (1721-1741)
C) 10 Downing Street residence of PM
 Role of PM:
A) Leader of his Party
B) Premier recommends ministers’ (Secretaries of State)
appointment by the Monarch, chosen from MPs and
Peers
C) Premier determines date of general elections
(Prerogative of Dissolution)
D) Premier leads and controls Cabinet
The Cabinet
 Supreme decision-making body in Govt;
central committee directing work of Govt and
coordinating activities of departments
 History of Cabinet began in XVI Century
with Privy Council, a small group of advisers
to Monarch
 23-24 leading ministers
 Premier chairs meetings and selects members
 Cab has no legal powers, but it has collective
responsibility to Parliament: all members are
bound to support Cab decisions even if they
are not present
United States Government
The President
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Presidential Republic:
No distinction between Head of State and Head of Govt
Executive (Administration) separate from legislature, on which it
does not depend: no vote of confidence in Congress
President is:
Commander-in-Chief of Armed Forces: Power to initiate (not
declare) and direct war
Chief Diplomat: responsibility for both making and
implementing foreign policy
Chief Legislator: President sets legislative agenda in “State of the
Union Address” (Congress has legislative power)
Appointment of diplomats, federal judges and Justices with
advice and consent of Senate
In case of death, removal, resignation, disability, Vice President
immediately assumes role of President
Constitutional Roots
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1774-1789 No central Govt: Unicameral
Continental Congress in charge of “Govt”
No power to collect taxes
No power to regulate foreign and interstate
trade
No President
1788 Constitution of the United States:
Washington first President
Washington established precedent by refusing to
seek a third term.
1951 XXII Amendment, allowing no more than
two terms
Impeachment
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B)
C)
Contitutional sanction against abuse of
presidential power:
House of Representatives decides by majority
vote to accuse President of “high crimes and
misdemeanors”
Impeached President is then tried before Senate
and removed by two-thirds vote
House acts as Prosecutor, Senate acts as Judge
President’s Powers to Limit Congress
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Congress Bills must be presented to President
for approval. President has ten days (not
counting Sundays) to decide whether:
Sign the Bill into law (it usually occurs)
Veto a Bill, which can be overriden by a twothird-majority of both Houses
Do nothing, thus allowing a Bill to become law
automatically after 10 days
Pocket Veto: If Congress adjourns before 10
days have expired and President has not signed
the Bill yet. In this case, if President decides to
veto a bill, Congress cannot override it
Executive Privilege
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Right of President to withold certain information
from Congress
Based on Washington’s precedent, who refused to
provide House with records on defeat of the army
by Ohio Indians, 1792
Watergate Controversy:
Nixon invoked executive privilege in order to evade
queries from Congress on Watergate scandal
Supreme Court ruled that tapes (Oval Office
conversations) be surrendered, thus asserting
primacy of rule of law over power of presidency
White House Staff/Executive Office
WHS: President’s closest advisers, led by
Chief of Staff. Not Ministers
 EO: Series of Offices implementing President’s
policies
A) National Security Council (NSC): to advice and
assist President on national security and foreign
policy
B) Council of Economic Advisers (CEA): group of
economists advising President
C) Office of Management and Budget (OMB):
preparing President’s budget proposals to
Congress
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The Cabinet
Ministers heading major departments
 Cabinet members often chosen for public
relations, reputation and symbolism (race,
gender, geographic origins). Not members
of Congress
 President acts most often through Executive
Office rather than through Cabinet
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