Comparative and European Public Law Nicola Cezzi nicola

Comparative and European Public Law Nicola Cezzi nicola. cezzi@uniroma 1. it Lesson III – Presidential Government and US constitutional experience

How to study a form of Government (I) Political System Dynamic History Constitutional Provisions Static

KEYWORDS

Motion of confidence

motion of no-confidence censure

question of confidence

U. S. A. UK FRANCE GERMANY ITALY

EXECUTIVE BRANCH Government Head of State

ELECTORAL SYSTEMS methods for the transformation of votes into seats of a political assembly ordinary legislation principles absolute majority relative majority threshold clauses

How to study a form of Government (II) Who? Stucture and Legitimation of Constitutional Bodies What? How? Main Features of Separation of Powers Relation among Constitutional Bodies: Who holds political direction?

[How] Political Direction • Complete Balance • Presidential Side (South America) • Parliamentary Side (“Congressional Government” in US history) [What] Strict Separation • Legislative of Powers • Executive • Judiciary Direct Election • President • Parliament [Who] Presidential Government

Presidential Government in the United States of America Constitution - 1787

no strict internal discipline lobbies Personalization of politics

• Vice President (Head of Senate) • Executive Office • Secretaries of State • Legislative Power • Two Houses • Direct Election • House of Representatives* – 435 members – 2 Years Term • Senate* – 100 members – 6 Years (renewed for 1/3 every 2 Years) Supreme Court of the United States • “Direct” Election – 4 Years Term Congress of the United States President of the United States • Chief of the Executive Power • Highest Federal Court • Chief Justice • 8 Associate Judges • Appointed by the President – Lifelong

House of Representatives Senate

• exercising the legislative power Perfect Bicameralism • checks & balances

- Chief of the State leader of the executive branch

Primary Election – Role of Political Parties Election Day ("the first Tuesday after the first Monday of November") Electoral College Taking of the Oath (Jan 20)

- Conventions - Primaries Caucuses

formally indirect parties the popular vote mandatory duty to vote according to

• No power to initiate legislation Congress of the United States President of the United States • No dissolution of the Houses • No relation of confidence with the President • The Congress can’t make the P. resign for mere political reasons Strict Separation of Powers

CHECKS & BALANCES if men were angels…” rigidity mitigated linked when carrying on their functions

Checks and balances (I) Veto Power When the Congress presents a Bill to the President for signature, the President can refuse to sign, sending the Bill back to the Congress within 10 days, if the Congress is in session. The Congress can overcome presidential veto by approving again the Bill with a 2/3 majority. If the Congress adjourns session during the period expected for the veto (10 days), and the President doesn’t sign the Bill, it does not become law (pocket veto).

relation of confidence political responsibility ethic

Checks and balances (II) - Impeachment The HR can convict the P. by a simple majority vote Chaired by the Chief Justice (not the VP) The VP takes the oath The Senate judges by a 2/3 majority vote Treason, Bribery, and other grave crimes and misdemeanors i. e. crimes not exactly defined and open to several constructions If impeached, the President leaves office

public opinion not a real criminal trial

Checks and Balances (III) Advice and Consent (through hearings) • Appointment of Embassadors, Federal Officers • Appointment of Supreme Court Judges and Federal Judges Control on Foreign Politics • Approval of Treaties • Consent to War Why the Senate?

Checks and balances (IV) • Resistance (Roosevelt) • Convergence (Obama, Sebelius case) • Civil rights Revolution Composition and organization of the SCOTUS • Relation with the States (i. e. implied powers doctrine, Commerce Clause and new federal competences) • Originalism / Living Constitutionalism

method of distribution of the legislative competences Art. I, sect. 8

against federal encroachments over states’ rights difficult to solve supremacy clause necessary and proper clause guarantees disputes

clause Mc. Cullock v. Marylan interstate commerce

Political Direction - Checks and Balances – Le pouvoir arrête le pouvoir - Different majorities (lame duck) - Different phases: - Jacskon Era - “Congressional” Government - “Imperial” Presidency - Return to dualism