Grigsby slides 10
- 1. Chapter 10 Comparative Politics III Governing Democracies: Executives, Legislatures, and Judiciaries
- 2. Executives • Presidents • Elected • Prime British Prime Minister Tony Blair, Spanish Prime Minister Jose Maria Aznar, U.S. Ministers President George W. Bush, and Portugese Prime Minister Jose Durao Barroso, • Selected from its own ranks
- 3. European Parliaments • “Forming a government” in Britain • Monarch invites the leader of the largest party in the House of Commons to become prime minister and “form a government” Queen Elizabeth II
- 4. European Parliaments • “Constructive no confidence” in Germany • Chancellor of Germany stronger than British prime minister • Head of largest party in the German Chancellor lower house (Bundestag) Gerhard Schroder – Ousted only if the Bundestag votes in a replacement cabinet – “Constructive no confidence” succeeded only once in 1982
- 5. European Parliaments • “Cohabitation” in France • Semipresidential system • President elected for Premier Lionel Jospin and 7 years President Jacques Chirac • Parliament elected for 5 years – President appoints premier from majority party in parliament
- 6. The Clinton Impeachment • Snapshot of American politics: • Moralistic • Public • Example of morality • Open to media • Divided • Legalistic • 2/3 pro Clinton • Legal details • Partisan • Expensive • Division on party lines • $40 million + • Personality-driven • Institutionalized • Normal (immature) • According to Constitution • “Slick Willy” • Distasteful • Partisn politics run amok
- 7. Roles of the Executive • Head of state • Symbol of nation • Chief of government • Responsible for making • Chief diplomat and carrying out policy • Grant diplomatic decisions recognition • Party chief • Negotiate trade deals • Leaders of political party • Executive agreements • Commander in chief • Dispenser of • Commands military appointments establishment • Patronage (3,000 jobs) • Most dangerous power • Chief legislator • Law-making powers
- 8. Executive Leadership • Hands-on Causes chief executives to scatter and exhaust President Carter themselves “Hands-On” Style of leadership • Hands-off • Pay little attention to crucial matters causing serious problems Ronald Reagan with his horse • Rely on trusted "Little Man" at Rancho Del Cielo. subordinates February, 1977.
- 9. Executive Leadership • Middle Ground • Appeared to be hands-off • Actually very active • Preferred to let others President Eisenhower take credit (or blame) – “Hidden-hand presidency”
- 10. Barber’s Presidential Character • Based on how much - presidents like political office - energy they put into it
- 11. Types of Presidential Character • Active-positive • Enjoys being president and puts a lot of energy into it. • Roosevelt, Kennedy, Bush Sr. • Active-negative • Real “meanies” in office • Lots of energy but don’t enjoy relaxed power • Johnson, Nixon
- 12. Types of Presidential Character • Passive-positive • Like being president, but little energy • Prefer to delegate matters to subordinates • Taft, Harding, Reagan General Eisenhower Passive-negative – Politicians drafted for the job, don’t relish it – Little energy – Coolidge, Eisenhower
- 13. Disabled Presidents • Woodrow Wilson • Strokes, poor health • Treaty of Versailles • Franklin D. Roosevelt • Heart Failure, hypertension Ellen Axson Wilson • John F. Kennedy • Addison’s disease • Ronald Reagan • Assassination attempt
- 14. Psychology of Power • Classic 1936 work of Harold Lasswell • Politicians start out mentally unbalanced • Have unusual need for power and dominance • Normal people find politics uninteresting Plato – Even sane people who become too powerful in high office go crazy. • They have to because they can trust no one Solution – Limit power and have mechanisms to remove officeholders who abuse it.
- 15. Cabinets • Major executive divisions called department in U.S., ministry in most of the rest of the world. • Who serves in a U.S. Treasury Department transfers its law cabinet? enforcement units, including • Parliamentary systems the Customs Service and the Secret Service, to the • Presidential systems Department of Homeland Security and the Justice • Rise of noncabinet Department. advisers Secretary of Homeland Security Tom Ridge, Treasury Secretary John Snow, and • Chief of Staff Deputy Attorney General Larry Thompson • National Security Adviser
- 16. Expecting Too Much? • Presidents and Prime Ministers are expected to • Deliver economic growth with low unemployment and low inflation • Be responsible for anything that goes wrong • Delegate to subordinates (“hands-off”) • What matters is getting reelected • Personality counts more than policy • Symbols count more than performance
- 17. How Do We Safeguard Democracy? Electoral Punishment!
- 18. Legislatures
- 19. Executive Roles • Head of state • Top leader, but with only symbolic duties • Queen of England • King of Sweden Head of government – The real working executive • Prime minister, premier, or chancellor – Britain’s Prime Minister Tony Blair – Germany Chancellor Angela D. Merkel – United States – President is both head of state and head of government.
- 20. Presidential Democracy • Separation of power between executive and legislative branches • President combines head of state with chief of government roles Executive not easily ousted by legislature Less dependent on legislative majority
- 22. Parliamentary System • Fusion of power between executive and legislative branches • Head of state distinct from chief of government • Chief political official (usually prime minister) easily ousted • Cabinet members are members of parliament
- 24. Separation and Fusion of Power • Government • In Europe, a given cabinet • U.S. “administration” • Executive-legislative deadlock Vote of confidence – Major vote in parliament on which government stands or falls. – Can oust cabinet on a no-confidence vote Immobilism – Inability of coalition governments to solve major questions.
- 25. Coalition • Multiparty alliance to form a government When no one party has majority of seats in parliament
- 26. Legislative Chambers • Bicameral • Parliament having two chambers, upper and lower • Unicameral • Parliament with one chamber
- 27. The Committee System • Real power of modern legislatures • Screen much proposed legislation Can make or break a proposal Includes - Standing (permanent) committees - Special ad hoc committees - Subcommittees
- 28. A Closer Look at Legislatures • Lawmaking • Pass laws, few originate laws • Constituency work Supervision and criticism of government – Keeping a critical eye on the executive Education – Keep citizenry informed Representation – Chief function to represent the people
- 29. Decline of Legislatures • Structural disadvantages • Legislators obey party whips • U.S. lacks efficiency • Lack of expertise • Must rely on experts • Psychological disadvantages • A President can have charisma, but a legislature cannot • “President worship”
- 30. Decline of Legislatures • The absentee problem • Lack of turnover • Dilemma of parliaments • To get things done, power must be concentrated, as in the hands of a powerful executive. • To keep things democratic, power must be dispersed, divided between an executive and a legislature.
- 31. Judiciaries
- 32. Types of Law • Positive law • Written by humans and accepted over time Criminal law – Regulates the conduct of individuals, defines crimes, and provides punishment for violations • Infractions • Misdemeanors • Felonies • U.S. criminal law codified or statutory
- 33. Types of Law • Civil law • Private matters brought to court by individuals, not by governments • Marriage and divorce, inheritance Constitutional law – Grows out of a country’s basic documents – U.S. Supreme Court interprets the Constitution – Judicial review of legislation
- 34. Types of Law • Administrative law • Regulatory orders by government agencies International law – Guides relations among nations – Include treaties, authority, and customs – Reciprocity and consistency – No enforcement apparatus
- 35. Types of Law • Common law • “Judge-made law”; old decisions built up over the centuries Code law – Laws arranged in books, usually updated Roman law Canon law – Laws of the Roman Catholic Church, based on Roman law
- 36. The Roots of Law • Higher law • Attributed to God or the Creator and thus higher than laws made by humans John Locke – People are “endowed by their Creator” with the rights to life, liberty, and the pursuit of happiness…-- rights that no just government can take away. Natural law – That which comes from nature, understood by reasoning.
- 37. U.S. Federal Court System Diversity Jurisdiction: U.S. Supreme Court Litigants who are citizens of different states Circuit Courts District Courts
- 38. State Court System Adversary Process: CA Supreme Court Two sides: Plaintiff and Defendant Court of Appeals Superior Courts
- 39. Judges • Federal Judges • Nominated by President and appointed with the advice and consent of the Senate • Position held during “good behavior” • State Judges • Either popularly elected or appointed • Terms range up to 14 years
- 40. Comparing Courts • British court system • Common law traditions • Divided into civil and criminal branches – Judges • All judges appointed by the Monarch on advice of prime minister • Lifetime tenure • Lack power of judicial review – No written constitution – Lawyers • Barristers represent clients in court • Solicitors handle all other legal matters
- 41. Comparing Courts • European court system • Based on French system • No separate civil/criminal divisions • Accused bears burden of proving innocence • Lawyers • Court questions witnesses, not lawyers • Lawyers try to sway jury and show factual mistakes • Role not as vital as in U.S./British systems
- 42. Role of the Courts • Judicial review - Marbury v. Madison (1803) • Supreme Court’s power to review the constitutionality Chief Justice of laws John Marshall Political role – Appointment of judges – Impact on laws
- 43. Influences on Judges • Geography • Outlook and background • Occupational background • Party affiliation • Conception of judicial role • Colleagues’ opinions • Public opinion
- 44. Warren Court • Civil rights • Brown v. Bd. Of Ed of Topeka (1954) • Reversed “separate but equal” doctrine • Ordered desegregation of schools • Lombard v. Louisiana (1963) • Supported the sit-in
- 45. Warren Court • Criminal justice • Mapp v. Ohio (1961) • Evidence seized without warrant was inadmissible in state court – Gideon v. Wainwright (1963) • Indigent defendants must be provided counsel – Escobedo v. Illinois (1964) • Suspect could not be denied right to lawyer during police questioning – Miranda v. Arizona (1966) • Once detained by police, suspect must be told rights
- 46. Warren Court • Legislative reapportionment • Outlawed “gerrymandering” – Unequal representation denied citizens their 14th Amendment rights – States must apply the principle of “one person, one vote” in redrawing electoral lines
- 47. Post-Warren Courts • Burger Court (1969 –1986) • 1978 Bakke Case • Reverse discrimination • 1984 added “good faith exception” to the Mapp rule • Rehnquist Court (1986-present) • Burning of the American flag protected form of free speech • Our current Supreme Court
- 48. “Even when laws have been written down, they ought not always remain unaltered.” -- Aristotle