CFE USA The Government of the USA

THE AMERICAN CONSTITUTION

The Constitution of the United States guarantees all US citizens written rights.The Constitution is the supreme law of the United States of America.Its first three articles spell out the doctrine of the separation of powers, whereby the federal government is divided into three branches:• the legislative, consisting of the two houses of Congress;• the executive, consisting of the President;• and the judicial, consisting of the Supreme Court and other federal courts.Articles Four, Five and Six spell out the concepts of federalism, describing the rights and responsibilities of state governments and of the states in relationship to the federal government.Since the Constitution was put into effect in 1789, it has been amended twenty-seven times.The first ten amendments are known collectively as the Bill of Rights.

The Constitution of the United States of America

CHECKS AND BALANCES

America’s founding fathers were anxious to prevent any one person becoming over powerful.

This is why they set up a system of separation of powers between the Executive (President), the Legislature (Congress) and Judiciary (Supreme Court). This is usually referred to as “checks and balances”.

No branch of government can rule without the other. In theory, if one part of government attempts legislation which is unconstitutional, one or the other can intervene.

Checks and Balances

FEDERALISM Laws differ between the states e.g. on tax, capital punishment, marriage, age to drink alcohol and many more.

Federal law will almost always prevail when it interferes or conflicts with state law.Thus, a federal court may require a state to stop certain behaviour it believes interferes with, or is in conflict with, federal law.

Marijuana can be legally purchased for any purpose by those 21 and older in Colorado. But tis is against feral law which prohibits the sale of marijuana. The federal US Justice Department has said it will not challenge Colorado state law sanctioning the use of marijuana for medicinal or recreational purposes so long as drug sales do not run counter to certain federal enforcement priorities, such as distribution to minors. For now.

The Federal Government in Washington DC runs the country but many laws are de-centralised to the 50 states.

CONGRESS AND THE PRESIDENT

The House of Representatives is composed of 435 Representatives. Members are elected for 2 years.

The Republicans have a majority and under their leader, John Boehner, have used their numerical advantage to oppose President Obama on all his key policy initiatives.

The Senate comprises of 100 Members, 2 from each state, who are elected to serve for a term of 6 years.

The Senate has the power to confirm or reject presidential appointments, including the cabinet, and to ratify treaties.

The Democrats, aided by the two Independents, have a small majority.

CONGRESS

Ezra Klein of the Washington Post described the 112th Congress as “one of the very worst congresses we have ever had“. He cited 14 reasons, which included the fact that it passed the fewest number of public laws in decades.

The House of Representatives repeatedly wasted time by voting 33 times to repeal the Affordable Care Act ("Obamacare") when Congressmen knew neither the Senate nor the President would allow it.

Some Senators have resorted to ‘filibustering’, talking for hours in order to prevent votes being taken.

Relations between the President and Republican controlled House of Representatives have got so bad that House Speaker John Boehner is trying to sue President Obama!

Obama sued?

THE SUPREME COURT

The critical importance of the Supreme Court was underlined in June 2012. Justices voted by 5 votes to 4 to affirm the President’s health care law as constitutional.

In June 2013, the court declared that the US federal law, the Defense of Marriage Act which did not recognise same-sex marriages was unconstitutional.

In April 2014 the court upheld Michigan’s ban on the use of race as a factor in admissions to state universities. This will encourage anti-affirmative action campaigners in other states.

Supreme Court Health Care Decision

GRIDLOCK Despite his 2012 re-election, President Obama has faced a hostile Republican majority in the House of Representatives.

The Obama Presidency has been one of polarised politics or “partisanship” as the Americans call it.

Modern American politics is deeply divided between liberals and conservatives. The traditional compromises and the “bipartisan” approach which has always allowed a President to work with Congressmen from another party has broken down.

The ‘fiscal cliff’ budget talks of December 2012 were an example of partisanship and brinkmanship, with neither side wanting to blink first. But faced with the possibility of the US economy going back into recession eventually a deal was done.

Depending on the results of the November midterm elections, President Obama may become a classic ‘lameduck’ president or US voters will reject Congressional Republicans stonewalling of the president.

Fiscal Cliff deal

THE POWER TO PERSUADE

“I sit here all day trying to persuade people to do things they ought to have enough sense to do without me persuading them. That’s all the powers of the President amount to”.

President Harry S Truman

The classic definition of Presidential power in the United States is that of political scientist Richard Neustadt.

Writing in the 1970s, he described presidential power in the United States as "not the power to command, but the power to persuade."

In truth, the President has more than a few constitutional and extra constitutional cards to play.

1. To propose legislation

2. Submit the annual budget

3. Sign legislation passed by Congress

4. Veto legislation

5. Act as Chief Executive

6. Nominate Executive Branch Officials

7. Nominate all Federal Judges

8. Act as Commander in Chief

9. Negotiate treaties

10. To give a pardon

PRESIDENTIAL CONSTITUTIONAL CARDS

THE POWER TO CONVENE CONGRESS

The President can call both houses of Congress together in times of national crisis.

Once a year the President speaks to Congress and the nation directly with his State of the Union speech. This outlines the President’s plans for the year ahead.

The President can use the State of the Union address to go over the heads of Congress and, hopefully, win public support for his plans.

President Obama State of the Union Address February 2014

COMMANDER IN CHIEF

“I will not hesitate to use military force to take out terrorists who pose a direct threat to America.”

President Obama ordered and oversaw the Navy SEAL raid that killed Osama bin Laden.

It is perhaps in foreign policy that the President’s powers are strongest. The President becomes the Commander in Chief of the US military, the most powerful force in the world, the moment he is sworn into office.

Only Congress can declare war. But, the “Commander in Chief” can initiate military action abroad without a formal declaration of war.

The President can also make treaties with other countries (subject to 2/3 of the Senate agreeing).

Bin Laded Dead

President Obama

PATRONAGE

Supreme Court Obama appointee, Sonia Sotomayor.

Supreme Court Obama appointee, Elena Kagan.

US Ambassador to United Nations, Bush appointee, John Bolton. President Bush knew the Senate wouldn’t approve Bolton’s appointment, so he appointed him while the senate was on holiday.

Interestingly, Obama has been making recess appointments too!

President Bush used his Presidential “get out of jail card” to commute the jail sentence of leading Republican Lewis “Scooter” Libby.

EXECUTIVE ORDERS

Due to ‘gridlock’ in Congress, President Obama has resorted to using Executive Orders (EOs) to bypass Congress and change the law.

In 2012, he issued an EO on immigration to issue the children of illegal immigrants with work permits, despite the fact that his DREAM Immigration Bill, which contained this reform, failed in Congress.

This year the President has passed a number of directives to strengthen background checks on those who buy guns.

Critics have claimed that Obama is abusing his constitutional powers.

RECESS APPOINTMENTS

The President has the authority to make appointments without Congress’s approval if Congress is on holiday. Presidents have always used this constitutional trick to appoint allies knowing Congress may disapprove.

In June 2014 The Supreme Court delivered a blow to President Obama, ruling that he went too far in making recess appointments to the National Labor Relations Board.

In a unanimous decision, the court sided with Senate Republicans and limited the president's power to fill high-level vacancies with temporary appointments.

It was the first-ever Supreme Court test involving the long-standing practice of presidents naming appointees when the Senate is on break.

Supreme Court overrules President

SURVEILLANCE

In 2013 The Guardian newspaper revealed that President Obama has approved state surveillance of American citizens (and possibly those living in Europe too, which would appear to breach the 4th Amendment of the Constitution.

Obama defends state surveillance

“In their actions, more outrageous and numerous by the day, this administration continues to treat the US constitution as a dead letter. No one in America should be above he law. Including this President”

Senator Rand Paul (Rep)