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UNITED STATES FEDERALISM

This article provides a historical overview of the United States Federalism system, analyzing its form of government, state constitutional autonomy, separation of powers, and guarantees. It explores the colonization process, the colonies' system of government, the Articles of Confederation, and the ratification process. It also discusses the expansion of territorial rights, the Civil War, and the American Constitutionalism. The article compares presidential and parliamentary governments and explores the powers and structure of the legislative branch. It also delves into the process of electing the President and the role of the President in the executive branch.

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UNITED STATES FEDERALISM

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  1. UNITED STATES FEDERALISM Francesca Rosa

  2. Scheme of analysis Historical Introduction The (federal and territorial) form of government The state constitutional autonomy The separation of legislative and administrative power The guarantee of the constitution

  3. Historical introduction Colonization process (XV - XVI century) > corporate colonies colonies founded in a social compact Economic dependency and political autonomy > Colonies’ system of government*** Strict fiscal policy > No taxation without representation > Revolution

  4. The colonies system of government Governor and Council (executive p.) > Monarch Legislative Assemblies (legislative p.) > election [limited suffrage] Local Government > practical and theoretical reasons

  5. Historical introduction 1774 First Continental Congress > Common Army (1775) + Declaration of independence (1776) 1777 Articles of Confederation > modification 1783 Treaty of Paris (peace with U.K.) 1787 Federal Constitution

  6. Articles of confederation (1777) Confederal Congress > every state has the same influence in the decision making process Weakness > limited powers strict dependency on the states Modification > Convention > Bicameral parliament (compromise > art. 1 sect. 1) Ratification process > art. VII (1788)

  7. Historical introduction 1788 Federal constitution 1799 Bill of rights (limiting the federation and not the states) Territorial expansion (south and west) 1861-1865 Civil war > civil war amendments XIII abolishing slavery XIV due process of law + equal protection clauses XV banning racial discrimination regarding the right to vote

  8. American constitutionalism Revolution = Opposition to tho fatherland > British v. American constitutionalism > Constitution: Written v. not written Republic v. Monarchy Higher law [at the top of the hierarchy of the sources of law > special procedure for the amendment > rigid] Strict separation of powers in horizontal (presidential v. parliamentary government) and vertical (federal v. centralized government) dimensions

  9. Presidential vs. Parliamentarygovernment Executive and legislative powers have two different (and democratic) sources of legitimacy > 2 elections No instruments are provided for resolving conflicts between legislative and executive powers The head of state has the executive power

  10. Presidential vs. Parliamentarygovernment Executive and legislative powers have the same (democratic) source of legitimacy > 1 elections Two instruments are provided for resolving conflicts between legislative and executive powers: confidence rule + dissolution power The head of state has not the executive power

  11. Presidential vs. Parliamentarygovernment (n. 2)

  12. Constitutional monarchy The Monarch exercises the three state functions Executive > Government Legislative > Royal assent Judiciary > Appointment of judges The presidential government Double source of legitimacy for executive and legislative powers > elective / hereditary and elective Strict interpretation of the division of powers principle > /parliamentary government

  13. House of representatives (art. 1 sec. 2) 435 deputies (1911 statute) Terms of 2 years Right to vote > electors of the most numerous chamber of the state parliament Right to be elected > 25 years + citizen for 7 year + inhabitant of the state he/she represents First past the post system (federal law) > state legislature defines the boundaries of electoral districts (gerrymandering) Election of the Speaker (member of the parliamentary majority)

  14. Senate (art. 1 sect. 3) 100 senators > 2 senators for every state, every senator has 1 vote Popular election (since 1913) > right to be elected: 30 years + citizen for 9 year + inhabitant of the state he/she represents Terms of 6 year President > Vice-President of the United States > pro tempore President 2 powers: approval of treaties signed by the President advice and consent (presidential apppintments)

  15. Bicameralism Perfect in relation to > The legislative function The impeachment procedure Imperfect in relation to > The approval of presidential appointments (Senate) The approval of international treaties (Senate)

  16. The executive power (art. 2) Terms of 4 years Right to be elected: 35 years + natural born citizen + living in the U.S. for at least 14 years Indirect election > 2 phases 1) primary elections or caucuses 2) the election of the Electors

  17. The indirect presidential election works as a direct election Electors are elected by the people (1832) > popular legitimacy Primary elections and caucuses > popular legitimacy of presidential candidates Electors are chosen on the basis of the presidential candidate to whom they give their support The “winner takes all” system of election for the Electors

  18. The President Commander in chief of the army and navy Execution and enforcement of federal law Treaty making power > Senate Appointment federal civil servants > Senate Organization Executive Office of the President Cabinet (Secretary) Agencies

  19. Congress > President The legislative initiative The approval of the federal budget The control over the presidential activity (standing committees) The approval of presidential appointments (Senate) The approval of international treaties (Senate) The impeachment procedure

  20. President > Congress Presents the budget proposal The Congress information of the State of the Union Sign legislation / Veto bills (Art. 1 Sect. 7 cl. 2) Delegated legislation (secondary legislation)

  21. Equilibrium of Presidential Government 1) Short term > The Congress tends to prevail in the last period of the presidential term (elections) 2) Medium term - Before the presidential “direct election”the Congress played a central role in the form of government (XIX century) - Presidential pre-eminence (until the Nixon “imperial presidency”) - Resurgence of Congress (Watergate-1972) - New imperial presidency (International context) 3) Long term > Pre-eminence of the President (welfare state + need of a unitay direction of the administrative action)

  22. State constitutional autonomy 1) Federal constitution implies the existence of state constitutions > the federal constitution has to be interpreted together with the state constitutions 2) Written, approuved by a convention and then ratified by the people 3) Apex of the state sources of law system 4) Rigid > special procedure (frequent use of the constitution amendment) 5) Long > dual federalism definition 6) Subject to the supreme law of the land (supremacy clause)

  23. Contents of state constitutions (separation of powers) 1) Presidential Government [Governor + Bicameral Parliament] 2) Institutions of direct democracy Popular initiative (direct / indirect) Referendum Recall 3) Guarantee clause (Art. 4 Sect. 4) > Republican form of government a) Popular rule b) No Monarchy c) Rule of law

  24. Electoral systems Majoritarian > effective governance Plurality > majority of votes Majority > absolute majority of votes (e.g. double ballots) Proportional > effective representation of different political opinions Barrier Premium of seats

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