CM Civilisation U.S. History PDF

Chapter 1: The US Constitution What is a constitution? "A country\'s constitution is the whole body of rules which govern and shape the distribution of authority within the political system" → I. Nature and status of the American Constitution: Took effect in **1789**, still *the supreme law* o...

Chapter 1: The US Constitution What is a constitution? "A country\'s constitution is the whole body of rules which govern and shape the distribution of authority within the political system" → I. Nature and status of the American Constitution: Took effect in **1789**, still *the supreme law* of the land today. A sacred text ? → parallel saying that *the Constitution is a sacred text in the US.* It is a symbol of unity and continuity (50 states but one federation govern them all). * An ambiguous nature* → *it is both technical* (explains what the supreme law of the land is) *and symbolic/cultural*. The interpretation and the workings of the Constitution, always in constant evolution but it is not the constitution that changes, but the interpretation you make of it. American constitutionalism and "original intent" → both parties, different interpretations of the same constitution ***→ II.** **Historical origins of the Constitution:*** ***1.** **Colonial America to Independence (1620-1776):*** Colonists enjoyed a great amount of ***liberty*** (more as Englishmen in England). This ***liberty*** appears through the way they organise themselves socially. Americans (Englishmen) start organising themselves as soon as they arrive in America in a contractual view (*they govern through contracts, form of government\...)* A participatory and contractual view of government from the start: *Charters, Covenants and compacts (contracts)* such as *The Mayflower Compact*, **1620.** The people entrust power through the written Constitution. A traditional and highly original approach to government. The Constitution is "the child" of the English parliamentary monarchy. *2. **The stages leading to the Constitution of 1787:*** ***a) the Declaration of Independence (4***^***th***^ ***of July, 1776, 13 independent sovereign states):*** ** *Government in the US is first created (**1789**) locally (each village has their own social contract/government).* Before the American constitutions, after the Declaration of Independence: the villages and towns inside the colonies wrote their state constitutions together (it is the constitution that emerges first). States constitutions : * they provided for a careful separation of powers.* * they gave pre-eminence to a legislative assembly.* * they were democratic (for the time).* * they embodied means of correction of their own (means of reforming itself, amendments).* The common points that each state share, are ideas that they are going to put forward in the National constitution. 50 states in the US, but 51 constitutions, because constitutions of each states + federal constitution. b\) The Articles of Confederation (1777): It is only 10 years after the Declaration of Independence that a real national government appears. Federalism is "how to make 13 independent states cohabit?" Economic problems: (united to fight England but) when the US were created, *no national identity* so there were *13 states with different needs, creating inter-state rivalry* and different economic positions. Cofederation did not work (wanted to be cohesive). political problems, *instability* : after the War of Independence, different types of individuals\... "restorationist" movement (Christian movement: revenir au Christianisme originel) etc. 3\. the drafting of the Constitution (May-September 1787): *The basis of the Constitution is to secure (political) liberty*, *not creating a government that works*. They rely on what the states had created. (**1783**) *"Human passions" vs institutional checks* -- separation of powers and legislative control: way to protect their liberty ? find a way to protect themselves against others. (The federalists and the anti-federalists opposition: *loose association of states vs national cohesion.* *→ federalists: stability and energy, fear of anarchy and economic expansion. Wanted Washington DC to govern all the states. Strong central government.* *→ anti-federalists: fear of "unrestrained power" and an unresponsive national government. wanted all the states to have the same power).* *Common values*: classical republicanism -- *no inherited authority (no noble title)*-- *protection of personal freedom* -- *the role of public opinion*. Bill Of Rights created to protect people from the federal government. John Locke and Rousseau: natural rights -- social contract -- representative legislative and an executive branch (division of power). Montesquieu: a judiciary and a divided legislative branch (representation of the people and the traditions). *The Constitution was ratified by the required 9 states in 1788.* → III. Principles of/in the Constitution: ***1.** **The text of the** **Constitution** **(1787) is complemented by a** **Bill of Rights** **(1791):*** *"The Great Compromise"* and the representation in Congress (*creation of two chambers in Congress, each state has an equal vote in the Senate and demographic representation in HoR*). To secure ratification (per state, each state elected special delegates to ratify the constitution which is not democratic). ex: slavery and the Bill of Rights (**1791**). ***2.** **The Constitution, in two different institutions** **:*** * the principle of a Supreme Law of the land, nothing is stronger than the Constitution* * the principle of popular sovereignty, the people elect their representatives.* Who has the power: the text or the people behind the text? It is a continual paradox. 3\. Separation of powers and a system of checks and balances Each branch depends on legitimacy, but the legitimacy of the Supreme Court is indirect. The system of check and balances and the separation of power in the US is the strictest: POTUS can\'t dissolve Congress (POTUS is not politically responsible in front of Congress). 4\. The Constitution embodies both a national and a federal state *For Madison it is "neither a national Constitution, nor a federal one, but a mixture of both".* *The Bill of Rights reaffirms federalism.* 5\. The Constitution provides for a division of political power * **horizontal** : between the three branches of government. AND **vertical** : fed, state, local.* The consequence of this fragmentation and division is that popular will is diffused (the weight of citizens\' votes is not as important). 6\. The Constitution incorporates the principles of majority rule and nullifying minority action Even if the government functions through elections, in specific cases minorities break down the system → filibuster in the HoR where they have a limited time to talk (type of check and balance). 7\. The Constitution provides for change, but through slow and complex processes direct change: Congress (passing amendments)/ National conventions (states demanding a change)/ Supreme Court rulings (the Supreme Court gives an interpretation of the Constitution) indirect : Congressional legislation / Executive rules and regulations (POTUS interprets the law) 8\. The dualism between the text and its interpretation The Constitution is a text that has an interpretation that can lead to paradoxes. 9\. divergence between the national (federal) and state levels * 13 colonies had 13 constitutions,* *before the creation of the federal constitution*. *Because of the federal constitution, states had an obligation to adapt their constitution = indirect changes*: if the Supreme Court rules that segregation is unconstitutional, the federal level has direct impact on state level (you can\'t segregate into a state). ** ** ** ***Chapter 2 : federalism*** *** ** **Is the** **government** **a** **national** **or a** **federal government?*** *"the proposed government cannot be deemed a national one, since its jurisdiction extends to certain enumerated objects only, and leaves to the several states a residuary and inviolable sovereignty over all other subjects"* (Madison, they created a federal government because the powers are limited through a list) Because of this, *there is a real balance of power between federal and state governments.* They argued that the existence of this vertical division of government is a form of checks and balances. ***→ I.** **State and local government in perspective.*** ** *The lower levels of organisation were established first* (local first, then the states, and the federal governments). Each states adopted state constitutions before the federal government was created. the 13 independent and sovereign states drafted and adopted constitutions. the national (federal) government was a creation of the states. → II. Levels of organisation. *1. Regions and sections, "belts"* Congressional Sunbelt Council, Coalition of Northeastern Governors. *Belts do not exist legally speaking but they exist politically. They have things in common that they want to defend so they have no political existence, but political weight in Congress* (such as the Sunbelt (going from California to Florida)). 2\. States * The executive branch: Governor, Commander-in-Chief of the state armies, Lieutenant Governor, Administrative agencies which are usually headed by elected officials.* * The legislature : the bicameral system is present in 49 states, direct legislation: initiatives and referendum* * The judiciary: state supreme court, court of appeals, county/district courts, magistrates/justices of the peace.* The main roles and functions of the state governments : education : about 40% of the budget / roads (17% of the budget), welfare or social programs (17% of the budget), public health (7% of the budget, state-run hospitals)\... ***3.** **Local government*** A. Counties (over 3K) unit of administration of state functions (they have three branches of government). * Executive roles:* taxes / law enforcement (Sheriff\...) / public health welfare, road maintenance\... All officials are elected, you are more implicated in the local government than in the federal government. In cities, problem of over-lapping jurisdiction: when cities are part of different counties\... B. Municipal Governments : self-governing and chartered (everybody is an elected official and the city signed a contract with the state and the state allowed the city to exist). ** City governments, *each city decides how it governs itself (so there are different forms of government)*: mayor + council // commission plan (no head) + city planner // council + city planner // Township (usually elected by the board): usual municipal functions + police + primary schools + high use of direct legislation\... C. Districts (administrative boundaries): Special districts: sewage, fire, utilities *(the person in charge of each district is elected).* Schools (primary and secondary): *managed by elected boards and have authority on personnel, management, curriculum..* 4\. Jurisdictions : the example of Law Enforcement Agencies/Officers *Federal level :* There is no federal "police". *There are agencies with specific missions*: FBI -- ATF -- DEA (..) Most are linked to the Executive branch. *State level :* State Troopers whose goal is to protect the Governor (State Police): Vary from one state to another : traffic laws, overseeing the security of the state capitol protecting the governor. *County level:* sheriffs (for towns too small to have their own police force) Municipal police : NYPD, LAPD, SPD.. (cities big enough to finance a police force) Chapter 3 : Congress Article 1 of the Constitution: a Senate (upper house) and a House of Representatives (lower house). → I. Composition: *1, Modes of elections* for the Senate : the criterion is territorial (100 senators) For the HoR: candidates stand in Congressional Districts, drawn by the state Legislatures (redistricting). Each district leads to the election of a representative (the way the districts are drawn is crucial = advantage to one part of the people). for the HoR : the criterion is demographic (435 representatives) 435, adjusted every 10 years on national census: the process of reapportionment. The problem is that the number of citizens living in the state changed from year to year: every 10 years there is a national census. Therefore, the number of representatives might change: it is called the process of reapportionment. * Gerrymandering*: The head of a district, so you know where people live, you can get an advantage in the vote. *Senators are elected by the people since 1913 and there are two senators per state for every state.* ***2.** **Terms of office*** 100% of the HoR is renewed every 2 year. The senate is not renewed every 6 year : one third only changes every two year. When the Congress started, senators were elected for either 2, 4 or 6 years. This brings permanence and change in Congress and is complementary to the system of checks and balances. The HoR is the house of change and the Senate represents the continuity. Length of term for federal officials ---------------- --------------------------------- Supreme Court Justices are appointed for life Senators Elected for 6 years POTUS Elected for 4 years Representative Elected for 2 years ---------------- --------------------------------- 3\. Main Officers of the Congress The House of Representatives chooses its own presiding officer every 2 year: the Speaker of the House, plus floor leaders. The Senate is presided over by VPOTUS whose goal is to vote to break a tie when there is a 50-50 vote. The Senators choose a president pro tempore when VPOTUS is absent: he is a member of the majority party. → II. Functions and powers of Congress *1 Specific powers* a\) the House of Representatives * federal budget and revenues* * power to initiate impeachment procedures*: they have to bring the charges against a federal official, not only POTUS but members of the cabinet and any federal official (like an Attorney General, they build the case through subpoenas). 3 POTUS attacked by the procedure: Richard Nixon, Andrew Jackson and Bill Clinton b\) the Senate * authority to confirm presidential appointments of high officials* * authority to ratify all treaties (by a 2/3 vote):* Treaty of Versailles and the League of Nations signed by Wilson but not ratified by the Congress. * power to try impeachment cases,* they act like a jury during the trial : the judge is the Supreme Court Justice. * Both houses are then complementary:* things start in the house and finish in the senate, the senate checks the house, why it is called the upper house. * The house is turned more to domestic matters (budget) because it represents the people (people pay taxes, taxes fund the budget).* * the senate more to foreign matters (the states through the senate have a bigger role concerning international relationships).* there is a special relationship : senate -- executive. 2,Broad powers of Congress as a whole a\) Powers of legislation * to introduce and vote legislation// to levy and collect taxes // to declare war // to appropriate funds for defense.* It must go through either house and they both need to vote on it. b\) Powers of investigations : Committees *Both houses are divided into committees.* HoR: division into designated committees to pass legislation of matters handled by the committee. gather information on legislative issue. test the effectiveness of laws already passed. inquire into the qualifications and performance of officials of the other branches. 3\. Powers explicitly denied to Congress Art 1, section 9 + the Bill of Rights (prevent Congress from doing things) → III- The law-making process 1.Actors in the law-making process a\) A specific Congressional actor : the committees *Standing (or permanent) committees* → 16 standing committees in the Senate, 22 in the House. Each of these are specialized in a specific area of policy-making. It is through these committees that legislation is introduced either first in the house or the senate (the first thing that a bill does is being assigned to a committee). *Select (special) committees* → created only for special issues, once it is dealt with the committee stops working (like investigation committees). *Conference committees* → committees that help the house and the senate talk together and agree on legislation Senate permanent committees include Armed Services, Budget, Environment and Public Works, Finance, Foreign Relations, Indian Affairs.. *b) the law-making process involves non-congressional actors:* The executive/POTUS. the special-interest groups/the lobbies (like NRA): they have an accepted and official status, and influence the law-making process throughout (and also play a key role in campaign-funding see IV. of this chapter). it is through these lobbies that the people have power on the legislations. ***2.From a bill to a law** **:*** * All bills can start in either chamber except the budget (introduced in the HoR).* NB: a treaty is neither a bill nor a law. more or less the same thing in both chambers, BUT few differences between both houses: filibuster/bill killed. ***a) introduction of the bill by a** **sponsor and co-sponsor*** *(budget needs to be sponsored and co-sponsored by the house)*, giving it a number (HR1111 meaning it started in the house, S1111 means it started in the senate) and referral to a committee *(if it not referred to a committee, it is tabled). Once it is referred to a committee, it gets full jurisdiction over the bill.* b\) committee action: hearings and mark up If the House is Republican, the head of all committees is Republican, same for the senate. The committee is representative of the portion of senators/representatives of the house (60% of R, 6 R in a committee of 10). *Whats happens to the bill is determined by the chairman of the committee.* *Addition of "mark ups"* (the committee takes upon itself the power to change the bill, and depending the committee it is in, it can be sent to a subcommittee), *usually subcommittees hold hearings* (testimonies of people interested in the bill). *If a bill is marked up in a subcommittee, it goes back to the committee for it to accept the transformations. Then, the chairman decides its fate* (adoption or rejection of amendments, the bill is then "reported out" (released) or "tabled" (laid aside)). The ways of killing a bill are multiple. c\) committee report If it\'s marked up and the chairman releases it, it goes to a committee report: a committee *staff writes a report of the bill (the impact, how it\'s fit to become a law.. a legislative summary) which is a way for senators and representatives who were not in the committee* to have a global view of the bill without reading the whole thing. *Most bills that have been voted on have not been read at all.* d\) floor debate and votes 1\. rules. → HoR : when released, it goes on a calendar. House Rules Committee decides how to proceed (it determines when they vote on the bill so they can postpone it). They also assign the time of debate you\'re allowed to have on the bill (you can speak for 2 minutes, 2 hours or not at all : it\'s up to them). *It can also prohibit amendments (not allowing transformations of a bill is a way to kill it).* → Senate : no rules 2\. in front of the full body and amendments. Speaker of the House and Majority Leader of the Senate determine when it should come before the full body for debate amendment and final passage (there is a calendar). In the HoR, representatives must ask permission to the House Rules Committee to introduce an amendment. Senators don\'t need permission as long as it is related. All amendments will need a majority vote when on the floor with the bill for final vote. 3\. reading and debating: * Once it is introduced on the floor, it is read, discussed and then voted on.* Representatives are limited for each of the interventions. Senators are not (filibustering, recent change 50% vote to keep filibustering from happening). Because there is no timelimit in the senate, you can indefinitely discuss a bill: *a filibuster is talking about a bill without stopping. You can stop a filibuster with a 50% majority.* Filibustering in the senate has become problematic. e\) floor action : voting The bill is voted on. Once it is finished. *f) referral to the other chamber* : I*t is then entering the Senate, it needs a senator to be its presiding officer. It then follows same route from committees to floor.* * If minor changes are made it goes back to the previous chamber for a vote.* * If major changes are made it goes to the "conference committee", if they agree on changes both Chambers must approve, if the committee doesn\'t agree the Bill dies. Both chambers vote again, if one says no, the bill dies.* g\) Action by POTUS * signing OR not signing for 10 days while Congress is in session = yes, bill accepted.* * Veto* *Not signing and not have Congress in session during ten days : pocket veto (if you don\'t sign the bill for 10 days, the bill becomes law automatically → you don\'t sign the bill but you don\'t want to lose your political support).* If Congress adjourns during the 10 days, there is an automatic veto: the Congress that passed the law is not the same as the one that was just elected : the bill does not exist anymore. Vetoing a bill is deeply political because it is easy to have the whole political party stand up against you in Congress (veto is kind of rare). Chapter 4 : the Executive Branch of Government : POTUS → I-Presidential Status 1\. Origin and evolution in 1787, questions : executive council or president? Fear of tyranny vs the need for a symbol (fear of the monarch but they chose a POTUS because of their concern for unity, need of a symbol). The legitimacy of the president : federalist\'s fear of the people (should POTUS come from the people?) Turning points of the executive role: The Civil War : Lincoln taking upon himself a lot of power to conduct the war (it\'s not a war). The ND and the Geat Depression with FDR and it keeps growing (talking about an Imperial Presidency). 2\. Presidential status Eligibility: *→ constitutional : natural born citizen, 35 years old minimum, has been a US resident for 14 years straight.* *→ socio cultural conditions : WASP with two exception (Kennedy and Obama).* ** Term of office:** *1951, 22*^*nd*^ *amendment: 2 terms of 4 years (following FDR)*. **Mode of election:** Several original features of the presidential election (most are also characteristic of Congressional elections): * It is a two-tier process :* two campaigns Campaign financing is a key element. Importance of image in media (Nixon, JFK campaign). The detail of the electoral process (only broadly outlined in the Constitution) is decided at state level, and varies according to the states. Elections are generally characterised by a low turnout of voters but the 2018 midterm election was crazy in matter of number of voters and the difference between democrats and republicans. ** ***→ II.** **Presidential powers and function*** *1. Nature and sources of presidential powers* Direct powers: → granted by the Constitution (art 2): r*ules, regulations and instructions to federal agencies* (executive orders, an agency is created by Congress but POTUS drives the agency, he doesn\'t need to ask Congress permission). → *special powers* in cases of emergency given by Congress, ex: war. * Indirect powers :* → public opinion: press conferences (Trump still has 35% of the American population as supporters so he can\'t be impeached). → congress: State of the Union speech. ***2.The presidential function*** * The US is the only country that has the head of state and the head of government embodied in the same person.* a\) The President as Head of State ** the power to *grant pardon //* the power to *recognize new nations or governments* // the power to *veto any bill passed by Congress* (veto within ten days, pocket veto). B. The President as Head of Government he appoints hundreds of high-ranking federal officials. he has a legislative role: in campaigns, in "state of the union", special sessions, budget proposals AND direct/personal influence on congressmen. ***C. He is the** **Commander-in-Chief** **(with or without Congress):*** - 5 official wars declared wars by Congress -- 11 wars declarations - 1972 War Powers Act : 48 hours -- 60 days -- 30 additional days *D He is the head of US diplomacy* - appoints ambassadors - negotiates and sign treaties - personal contact with other leaders (summits..) E. As head of his political party, POTUS has no automatic majority in congress and has a large amount of patronage at his disposal. Part 2 : the administration White House office, Executive Office of POTUS, the Cabinet. * Line of Succession:* \#1 VPOTUS : Mike Pence \#2 Speaker of the House : Nancy Pelosi \#3 President pro-tempore of the Senate : Chuck Grassley \#4 Secretary of State : Mike Pompeo → I. The transition: The term transition refers to the period of time it takes and the organisation. * The organisation takes hundreds of people who choose the departement heads or the high-ranking officials.* * The transition enhances the role of the political parties/machines. They supply candidates for the administration.* → II. The Office of POTUS. 1\. The White House Office. Headed by the Chief of Staff ("acting" Mick Mulvaney), *he is probably the most important person in the administration after POTUS (it\'s through him that you see how good the administration work).* Collaborators : aides, assistants, special consultants (650 usually.. lowered to 377 now). 2\. The Executive Office of POTUS Headed by the chief of staff in which there are different federal agencies working directly with POTUS or his assistants: The Office of Management and Budget : it drafts the federal budget and manages the bureaucracy. The Council of Economic Advisors : they advise POTUS on the state of the economy and solutions. The National Security Council (Robert O\'Brien) : encharged of advising POTUS on foreign policy and defence matters (like the CIA). The White House Office The Office of FLOTUS : invented by Eleanor Roosevelt (she helped bring African Americans into the D party), Hilary R. Clinton (drafted bills on her own about Social Security)\... ***→ III.** **The Cabinet.*** *1. Role and status.* legitimacy from Art 2 section 2. The number of Cabinet members can then logically change. The first was composed of 4 Secretaries under G. Washington. *It has no autonomous political existence. It depends on POTUS\'s will and is not politically responsible in front of Congress.. but nominations are confirmed by the Senate. Unless they get impeached, they are not responsible.* ***2.** **Composition of cabinet and agencies (listed in line of succession)*** VPOTUS : Mike Pence Department of State (Mike Pompeo): in charge of foreign relations, headed by the Secretary of State, a key executive actor, established in 1789. Department of the Treasury (Steve Mnuchin): established in 1789, the key agency linked to it is the IRS (internal revenue service). Department of Defence (Mark Esper): restructured after WW2. Department of Justice (William Barr): headed by the Attorney General of the US, it advises and represents the administration (it is not in charge of the judiciary system). It is linked to the FBI (most known but there are many others). It is not linked to the Judicial Branch, it just enforces justice. Department of the Interior: in charge of pulic (federal) land (still 36% of territory), natural resources and environmental protection, Indian affairs → Bureau of Indian Affairs -- National Park Service. Department of Homeland Security: created after 9/11, established 2002, goal is to have communication in the government ; FEMA (Federal Emergency Management Agency). ***→ IV.** **The bureaucracy /the national administration*** *1.Size* There are over 3M people working in federal civilian employment, 4M people working in state civilian employment and 2M people working in the military. ***2.** **Structure*** ***a. The** **executive departments** **mentioned above.*** ***b. The** **federal agencies** **mentioned above.*** ***c.** **Independent Regulatory Commissions**:* *essentially in charge of the regulation of the economic system ; quasi legislative and judicial powers* ; appointed by POTUS and confirmed by the Senate; the federal trade commission (FTC promoting free competition, breaking monopolies), the federal reserve board (FED, regulates the financial and monetary system) and the securities exchange commission (SEC, regulate financial market and initiates judiciary procedures). ***d.** **Various agencies, boards, bureaux, commissions, and offices** **(about 40)***: supervise and regulate specific domains ; duplicated at the state level. Atomic energy commission ; national aeronautics and space administration ; CIA. ***e.** **Federal Corporations or Authorities:*** the federal port authority ; federal aviation authority. *3. Status of federal personnel:* * dual system of appointment :* → the merit system, it\'s based on competitive examination (most federal employees but not high-ranking officials). → the patronage system, chosen by POTUS (high-ranking officials). * If you are a civil servant, you have obligations and duties :* → you have restricted political rights (if you work for the government, certain rights that you normally have are denied to you). *→ There is no guaranteed continual employment in the US:* you can get fired at any time. In 1980s, most of official from the Federal Aviation Authority went into strike, Reagan fired all of them. → There is great mobility between the public and private sectors: you can have somebody coming from a company regulated by an agency end up at the head of the said agency (SEC). ** ** ** ** ** ** ** ***Chapter 5 : the Courts -- the judicial branch of government*** ** ***→ I.** **Law in the US*** *1. The "legal mentality" (P. Miller)* * symbolic and cultural dimension*. *practical and social dimension* (it comes from Protestantism and the Bible which is a book of law). The law is present inside the lives of the US Citizens in a *different way from the European citizens*: for example, the legal profession is considered as the most prestigious and profitable in the US. There are about 6K lawyers in the US (1 for 400 people). The judicial branch has a weird relationship with the other branches. ***2.Types of law*** ** * Constitutional Law*: the interpretation of the *constitution by judges*, it is a *possible field of conflict* for *the three branches of government.* *Statutory law* : written law enacted by the legislative body *Common Law* (in England Judge-made law): derived from general usage and custom, *judges apply what they have believed to be traditions*. It is unwritten law, there has never been a need to write them down. *Equity*: body of rules and doctrines inherited from old jurisprudence. The US legal system ought to be considered as a *mixed system: three complementary concepts "under" the Constitution.* *→ II. Organisation and functions of the judiciary* Overall structure: the influence of federalism: * the most federalist element* 51 codes of law (.. bar exams) two parallel systems * one common final court of appeals: the Supreme Court* ***1.** **Federal judiciary*** *a) The Supreme Court* Art III, section 1: the number of justices can change (the first SC had 4 justices). *The Supreme Court is composed of 8 justices and 1 chief justice all appointed by POTUS, and confirmed by the senate.* They are appointed for life: death, retirement and impeachment are the ways out. * The competency and powers :* → *first hearing*: it has original jurisdiction in cases in which a state is a party. → *appellate hearing*: the Supreme Court affirms/overturns/reviews cases from other courts (state courts or federal courts). J*udicial review: through these hearings, the Supreme Court has the power of Judicial Review (the ability to declare laws/statutes and governmental actions unconstitutional, to nullify bills)*. *The principal of self restrain*: it will never overturn a legislative law likely (it is extremely rare). I*t has supremacy over all state supreme courts*. Because of that, it gives to the federal SC the right to review state legislation (state laws, state constitutions) especially on cases on federalism or concerning minorities, civil rights. They also look at the federal government and how they control the economy. * 1803 Marbury v. Madison:* the Supreme Court took on itself the power of judicial review. According to a 1789 law, Congress gives a new power and authority to the SC and John Marshall refuses this power, decides this power goes against the Constitution. Chief Justice Marshall installs Judicial Review as a check on the executive and legislative. Consequences : *→ Federal courts have the power to refuse congressional legislation that is inconsistent with the Supreme Court\'s interpretation of the US Constitution.* → Laws are nullified through multiple attacks and challenges made by the Supreme Court, or just one critical case. * Position of the Supreme Court: this unique position confers to the Supreme Court a certain political power but out of politics:* → time as a safeguard, if needed, they have a lifetime to go over laws, they can be split away from the passions of the people. → they are supposedly not the subject of peer pressure but nowadays, there are people protesting in front of the Supreme Court so it is the people that pressure the Justices. They are also pressured by the media even though they are not authorized inside the Court. b\) Other courts at federal level *The country is divided into 11 judicial disctricts* (plus D.C): the goal was to divide them up according to demographic. Now people don\'t live were they did in the past, we might see a reapportionment soon. → *Federal District Court : all cases linked to federal legislation*. There is a *minimum of one FDC per state*. They deal with both civil and criminal law. Per District Court, there is one US Attorney (un procureur). *There are 94 District Courts in the US all linked to these 11 judicial districts.* * Once your case has gone to a district court, you can have an appeal in the Circuit Courts of Appeal.* → *Circuit Courts of Appeal: there are only 12 Circuit Courts of Appeal (one per judicial district)*. They consider cases originally decided by the federal district courts. The goal of these courts of appeal is to review and enforce order of the federal administrated bodies. *For example, checks and balances: the circuit courts of appeal has a big power of check and balances on the executive agencies.* *There is also a special court system* that will be dealing with very special types of cases : → *The Customs Court* : it deals with import/export laws. Because of the trade compromise, the fed gov has the power of international trade. If you\'re importing exotic animals illegally, you go in front of this court. ***2.** **Structure of the state judicial system*** *One State Supreme Court (all states): reviews state laws in accordance to state constitutions*. The next step is the Supreme Court. Courts of Appeal. County/district courts (district attorneys) will be looking at major cases. In each court, there is a state prosecution called a district attorney. Magistrates/Justices of the Peace (depending on the state, they do the same job but have different names). These people deal with misdemeanors (minor criminal activities). Special courts: Juvenile, Traffic etc. courts *3. Selection of the judges* *Judges and attorneys are appointed by POTUS and confirmed by the Senate at the federal level.* State judges are usually elected (in certain states, specific positions are appointed by governor or the legislatures) for a short term of office. ***4.** **Types of crimes*** * For example, state courts handle cases involving:* - divorce and child custody matter - probate and inheritance issues - real estate questions, and juvenile matters - most criminal cases, contract disputes, intrastate trade, traffic violations and personal injury cases * Federal courts hear cases involving:* - the constitutionality of a law - cases involving the laws and treaties of the US - ambassadors and public ministers - disputes between two or more states - admiralty law - bankruptcy cases (Article III of the Constitution) The People in the Madisonian Republic ** How to prevent despotic power in the central government?** ** Madison: by inserting a system of check and balances at the heart of the system.** *→ I. Madison analyses the failures of past republics.* * The problem of classical republics:* - small homogeneous participatory democracies. - unending class warfare. * Consequence:* - popular rule and self-government led to fratricidal strife, not community. - perversion by "the vices of government". * The problem of factions according to Madison:* - people would come together into violent factions (personal interests first above the good of the community). - republics perish under these violent factions, implying the predominance of passion and interests. - majority or minority groups then threaten the rights of other citizens or the good of the whole community. * Solutions: "to break and control the violence of faction"* *→ II. How to break and control the violence of faction* Removing their causes: preventing factions from becoming major factors in civil life. 1\. How can this be accomplished? 1\. despotically doing away with liberty thus preventing citizens from forming political interest (if you take away the liberties of people they won\'t come into factions). 2\. the classical route: tring to make the populace a fraternal community. 2\. According to Madison : fraternal community is against "human nature". we can see factions everywhere. human reason and self-love. the economic form of self-love: the love of acquiring more and more property. (remember Locke). good governments create "different degrees and kinds of property": creating great economic diversity and inequality. economic disparity creates factions. other factors: religion conflicting political opinion. * "From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties"* → the direct consequence of property and capital is the creation of factions (parties). Factionalism is a unalterable part of the "nature of humans" 3\. Can humanity\'s social nature be counter-balanced? a\. "enlightened statesmen"? But they will *"rarelly prevail over the immediate interest which one party may find in disregarding the rights of another, or the good of the whole"* *(even if you are highly educated, you may be subjected to factionalism so politicians are not a solution).* b\. The (US) fraternal impulses But such bonds are not strong enough to prevent the natural emergence of even stronger factional competition *→ there is a lot of common bonds between Americans but they are not enough for keeping citizens being ripped apart by factionalism.* ***4.** **Madison\'s idea*** a. The spirit of faction needs to be accepted as a routine aspect of Republican government. b. Factionalism is the primary tool to combat and control factions, combat fire with fire. c. The new American regime will tolerate, foster and depend on factions (mutually antagonistic competition among selfish groups seeking to exploit one another throughout society and inside the government itself). *5. Danger is the majority unified as a faction* (once you have one majority unified around one common interest, it will defend its own interests by imposing them on all the minorities). a\. It can defeat all minority factions. b\. What can check a unified majority faction? *→ III. The problem of majoritarian faction: solutions* *1. Two things to avoid* a. Avoid the existence of the same passion of interest in a majority. b. If this happens, avoid them to concert, by their number and local situation. ***2.** **How to do this ?*** Pure democracy: *"a society consisting of a small number of citizens, who assemble and administer in person".* → *Madison attacks the idea of pure democracy (classical republicanism), saying it is inside classical republicanism that you have the seeds of this problem.* *3. The only realistic solution* *"The two great points of difference, between a democracy and a republic, are, first, the delegation of the government, in the \[republic\], to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the \[republic\] may be extended."* → in a democracy, you have direct rule of the people. It creates filter through the numbers of citizens and the sheer number of states that can join the Republic (a republic can grow in size while a democracy is local). ***4.** **The heart of the new Madisonian republican view*** In a Republic, there is a growth and with it, the citizens can never assemble themselves directly in the government (need to elect representatives). *Because of that, they will not be able to unite as a majority so they will not have the power to become oppressive to the minorities* (the only solution is a real Republic). ***a)** **Power in numbers : different States -- different passions*** * The more people and conflicting interests you have, the more difficult it is to have a single majority.* They might have the same interests but because they are diverse, because from a cultural POV, even if from an economic view they share the same interests, *they will not know they share the same interests.* *b) Madison\'s revolutionary idea* The problem of diversity and numbers. I. classical republican theory and homogeneity. II\. Madison: clashing diversity is the key. → need to appeal to a diversity of competing factions. → represent a unified majority. → seeking compromises and coalitions. → law and policy will take into account the needs of a much broader part of the population. Government needs to be indirect and far away from the people : the people should not have the power directly. ** ** ***Lobbies and advocacy groups (pressure groups, campaign groups, interest groups, or special interest groups)*** Introduction: "non-partisan" legislative players at all levels of government (supposed to be non-political but play a huge part of the government, they play for their own interests). wide issues or focused issues, long term, short term isuses. based on shared political, religious, moral or commercial ideas The goal of advocacy is the influence public opinion and/or legislation. It exists at all level of government. Difference between advocacy and lobbying: advocacy groups tends to want to alter aspects of society (for example the lifestyles of people regarding climate change), to change the mode of thinking. lobbies attempt to influence directly legislation (lobbies are advocacy groups). For example: Green Peace is an advocacy group but ended up being a lobby. Adversarial groupings: Ex : pro-choice v. pro-life (lobbying social distinction rather than a political one). Justification/explanation : pluralism : pressure groups and competition. neo-pluralism : co-operation between groups and government departements for policy making (Washington D.C is based on pressure groups, it\'s not a question of check and balance but lobbies competing with agencies) corporatism: injecting market needs in government (most liberal POV, the government has no idea what progression and businesses need, it\'s a way for businesses to express themselves). There is truth in all three of these ideas. Organisations : business owners/employers. Ex : Boeing Co., 12M\$ in lobbying + 2.2M\$ for its PAC (53% democrats / 47% republicans) + 1M\$ donations for federal politicians\... Workers/occupational/labor organisations (lobbies built around workers). Ex : United Food and Commercial Workers Unions : 80K\$ Consumers (and citizens): a lot of laws passed linked to food and drunk administration, come from the citizens, like MADD (mothers against drunk driving) who paid for signs to be put alongside roads. Ex : Consumer Actions Other categories/classification : paid versus pro-bono lobbying. Single issue versus multiple issue lobbying. Inside (influencing legislation) versus outside lobbying (mobilizing citizens). → inside lobbying (direct lobbying) describes the efforts of lobbies to influence legislation directly (by contacting legislators) / outside lobbying is done through PR, advertising. Corruption and illegal activity : The Jack Abramoff Indian lobbying scandal: Tyco C. hired lobbyist Abramoff to overturn a bill on gambling that would cost a lot of money and his ultimate goal was to influence the chairman of the committee Senator Charles Grassley to kill the bill in committees. 21 people were convicted of crimes and 21M\$ were not accounted for. This lead to the Legislative Transparency and Accountability Act of 2006 (S. 2349): illegal for lobbyists to buy gifts and meals for legislators. ethics committee agreement (committee created just for this). lobbyists need to file activity reports and post them publicly. This put an end to a lot of illegal activities. Defining lobbying activities in legal terms: Congress today defines lobbying as *"contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others".* if you contact a representative/senator, or try to, it\'s considered lobbying (except if you are a private citizen). Lobbying contact means "any oral or written communication (including an electronic communication) to a covered executive branch official or a covered legislative branch official". * Supreme Court defining lobbying rights of companies:* *2010 Citizens United v. Federal Election Commission.* → corporate funding of independent political broadcasts in candidate elections cannot be limited under the 1^st^ Amendment. Corporations are protected by the Bill or Rights. It\'s problematic: the 1^st^ amendment, they have freedom of speech like any individual: they can intervene in political campaigns and express themselves. → Corporations are legally seen as individuals and have the same rights. * Foreign lobbying:* illegal inside the US. The law prevents foreign companies from lobbying, but their American subsidiaries can, like Alibaba (Chinese company). * Historic lobbies:* Pennsylvania Abolition Society -- Anti-Imperalist League -- NAACP -- Greenpeace. → direct lobbies trying to transform societies through influencing legislation and changing the mentalities of people. * Contemporary lobbies:* American Israel Public Affairs Committee (AIC), American Automobile Association (deals with safety regulation), Mothers Against Drunk Driving (single issue lobby), National Rifle Association, Second Constitutional Convention of the US (they want a second Constitutional Convention, have been existing for 100 years). For an Interest Group to a political movement: direct initiatives and referendum, linked to lobbies. Political parties * We are in the fifth party system, which started with the New Deal, which was the previously big political realignment.* Under FDR (and continued today). African Americans had always been Republican voters (party that ended slavery) whereas the Democratic party is pro-slavery in the South. With FDR in the 1930s, the democratic party opened itself to minorities (unions, African Americans, labourers). In the 1930s, there is a shift: today, African Americans tend to vote for the Democratic party (which is weird because it was the party of segregation in the 1950-1960s). This shift ended in the 1980s more or less: the old Southerners remaining in the democratic party started little by little leaving the party (Barry Goldwater). Today, we see the end of this shift. Generally speaking, the democratic party is turning towards a Keynesian economy: financing economy through government financing ("bottom up"). The Republican party seems linked to Milton Friedman\'s point of view regarding economy: small government intervention and low taxes ("trickle down" : if the rich have a lot of money, they will spend it). *The democrats are for a government-intervention free in the life of the people, whereas Republicans uphold christian values, which is why they are described as conservative.* However, there are specific issues (abortion, healthcare, progressive taxation, foreign policy, immigration laws, gun control..) Political ideologies, party membership, party leadership: both parties have factions (conservatives, moderates, liberals and progressives). The party leadership refers to the officials elected. * As a consequence most of the important party leaders are in Congress and the presidency: minority/majority leader, floor leader, president pro tempore, VPOTUS, POTUS.* Democratic National Comittee (is a way of organising the 50 democratic parties to help oversee a national platform): oversees platform, campaigning and organisatonal strategy and supervises the national convention, the chairman of the DNC is chosen by POTUS when they have the White House or otherwise by the Party\'s state committees. *Each state has a different democratic/republican party with a different name.* The only official not linked to a state is the presidency. *The DNC is split between the Democratic Congressional Campaign Committee and the Democratic Senatorial Campaign Committee.* The two most important members of the Democratic Party outside of branches of government are the chairperson of the DNC and the secretary of the DNC. * The Republican National Committee does exactly the same thing as the DNC, which the same two subcommittees. The only big difference between the DNC and the RNC is the fact that there is the Chair of Governors Association.*