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TOPIC 11. INSTITUTIONS OF THE UNITED STATES
1) FEDERAL LEVEL
LEGISLATIVE BRANCH
CONGRESS
The US system is a dual system of congressional representation. The congress of US is basically parliament, which is composed by 2 cameras ( bicameral system ). The 2 cameras of the congress are:
• House of Representatives
• Senate
Article I of the US Constitution divides Congress into two separate but equal branches. Both of these 2 cameras have the same powers in law making. In many systems there exist asymmetric bicameralism (one has more power than the other like Spain) but in US system exists a symmetric bicameralism.
Background : Great Compromise (or Connecticut Compromise), Philadelphia Convention, 1787
It existed a dispute because the larger states favored the Virginia Plan (different number of representatives for each state based on the state's population) while the smaller states favored the New Jersey Plan (same number of representatives for each state).
Great Compromise : In the House of Representatives each state would be assigned a number of seats in proportion to its population. In the Senate, all states would have the same number of seats.
HOUSE OF REPRESENTATIVES:
Composition:
Composition and powers of the House are established in Article I US Constitution
Congress has the power to determine the size of the House and to divide representation according to state population in order to ensure that states with large populations have more representatives than small states. It also provided for at least one representative for each state. There are six states with just one representative (Alaska, Delaware, North Dakota, South Dakota, Vermont, and Wyoming). California has the most representatives, a total of 53.
Every 10 years a census is taken in order to adjust the number of state representatives to increasing population. There were 59 members at the first session of the House of Representatives. Currently there are 435 voting members.
There are differences between voting members and non-voting members , which are delegates for important territories for US ( special status territories ). They are not a part from the federation but they have a very hard link with US and they have the right to vote on committees but not in the House. The 6 non-voting members: Five delegates (District of Columbia, Virgin Islands, Guam, American Samoa, Northern Mariana Islands) and one resident commissioner (Puerto Rico)
The qualifications for being a Representative are also set in Article I of US Constitution.
• At least 25 years old
• US citizen for at least 7 years
• Inhabitant of the state they seek to represent at the time of their
election
• Mandate: two-year term
Constituencies ( Circunscripciones ): There are 435 constituencies.
Voting system: US System is a majority system, the candidate who gets the majority in each constituency goes to the House of Representatives.
Powers:
The Senate is a kind of elitist chamber and more mature, doing more mature and quality legislation, and that is the reason which implies the members of the senate are required to have higher qualifications :
• At least 30 years old,
• U.S, citizens for at least the past 9 years, and
• Inhabitants of the states they seek to represent at the time of their
election.
Powers:
The main power is making federal legislation (equal weight as the House of Representatives).
Exclusive powers (checks and balances):
• Confirmation of federal officials (judges of the Supreme Court…). They
are appointed by the president of US and this appointment has to be confirmed by the senate.
• Ratification of Treaties (2/3) that has been negotiated and signed by
US President.
• Impeachments trials. This is the second part of the Impeachment
procedure is when the federal official is judged. The senate decides if he/she has to go out of his/her office.
EXECUTIVE BRANCH (Article II of US Constitution)
PRESIDENT
The Executive branch is based on the figure of the President (Presidentialist system) who is:
• Head of government and
• Head of state, and
• Commander-in-Chief of the armed forces.
He is responsible for implementing and enforcing the laws enacted by Congress and, to that end, appoints the heads of the federal agencies, including the Cabinet.
Election:
The President and the Vice President are elected together in a Presidential election. So, the president has direct legitimacy.
His election is an indirect election , with the winner being determined by votes cast by electors of the Electoral College. In each college (435) there is a candidate with the majority of the votes. At the end only counts the votes of the majority of each constituency, there only exists 435 votes to determine the President.
Qualifications :
• Natural-born citizen,
• At least 35 years old,
• US resident for at least 14 years
Mandate : 4 years-term and term limit of two mandates (XXII Amendment,1947)
Powers:
The role of the President in the law making procedure ( Legislative role ): The president basically has 2 powers:
• To sign the law and make the law pass, and
• Also the power to veto bills enacted by Congress (in 95% of the cases
the veto of the president is effective because the congress do not rewrite the bills). The president does not have to see if the bill is not
• Appointed by the President with the consent of the Senate.
• Lifetime tenure : They are in offices for life ( cargo vitalicio ). Federal
judges, all of them independently of the chamber and the level, have a lifetime tenure except:
• Resignation (depends on the will the judge to resign),
• Retirement (it is when the judge thinks he or she is too old to
judge)
• Impeachment (they are official judges so the house of
representatives propose the impeachment procedure and senate impeach them).
SUPREME COURT OF THE UNITED STATES
It is the Highest Court in the U.S and is created by Article III (mandatory existence).
It is, as the higher court, the final interpreter of federal law ( legal and constitutional federal issues) with stare decisis principle.
Composition: Nine judges (called Justices). One Chief Justice and eight Associate Justices. They have a lot of influence in solving cases and nowadays there are some judges who have been in the court for some many years judging. It is important to have diversity in the Supreme Court (female justice, protestant and catholic justices…). The diversity has to reflect the same diversities in the US population. Confirmation by the Senate is also important: the justice appointed by the president needs to explain to the Senate his or her ideas of the legal problems and take position of the political problems (abortion, death penalty…)
Jurisdiction:
The original jurisdiction of the Supreme Court is International public law litigation (problems between States, and between US and other States). This kind of disputed would be litigated directly before the Supreme Court. No issues will be added in original jurisdiction of the US Supreme Court because it is regulated in art III of US Constitution.
The main function is the top of hierarchy od US Federal system and is the last court of appeal. 2 types of cases in appeal :
• Ultimate (and largely discretionary) appellate jurisdiction
over all federal courts, and
• Over state court cases involving issues of federal law.
It is not mandatory to hear all cases the court receive, the court may decide which cases are interesting to hear and solve (the court has discretionary power to decide).
Process:
1. Writ of certiorari (petitioner/respondent),
2. Amicus curiae (Third party intervening in the proceeding)
3. Oral argument and
4. Decision/judgment
FEDERAL COURTS: DISTRICT COURTS, COURTS OF APPEAL
Article III authorizes the Congress to create lower federal courts if needed (non mandatory).
Appellate jurisdiction (circuit courts/ courts of appeal):
• There are 13 courts of appeal (12 regional and 1 for the federal
circuit)
• Mandatory review. Every appeal that has been made has to be heard.
• Composition: 3 judges appointed by the President and confirmed by
the Senate.
Original jurisdiction (district courts):
• General courts: 94 District Courts
• Appellate jurisdiction: State courts of appeals
• Original jurisdiction: State trial courts
THE DISTRIBUTION OF POWERS BETWEEN THE FEDERAL
GOVERNMENT AND THE STATES
US Constitution sets out the powers of the federal government (enumerated powers), the remaining powers are left to the States. X Amendment (part of the Bill of Rights) protects the state powers against a federal imposition and gives some powers to them (discussed in federalists and antifederalists discussion).
If there exists a conflict between federal and state law
• Article VI: supremacy clause
• Federal courts are the final arbiters
SAMPLE MULTIPLE-CHOICE QUESTIONS
1. Most cases now come before the US Supreme Court as
certiorari petitions , which means that:
1.a. Most of the cases come before the US Supreme Court because
the Court must review them.
1.b. Most of the cases come before the US Supreme Court at
the Court’s discretion.
1.c. Most of the cases come before the US Supreme Court because
the highest court of the state requires it to review the cases.
1.d. Most of the cases come before the US Supreme Court
because the executive branch requires it to review the cases.
2. During the first years of the history of the United States,
there was a long-running debate between Federalists and Anti-Federalists. The Federalists:
1.e. Supported a decentralized government where powers are
widely dispersed.
1.f. Supported a confederation with the Canadian provinces.
1.g. Supported a strong natural government.
1.h. Supported municipalities with significant powers.
3. Stare decisis is:
1.i. A written law enacted by a legislature.
1.j. The principle of adherence to settled cases.
1.k. One of the doctrines of jurisdiction used by the US
Supreme Court.
1.l. In an appellate court, to reach a decision that disagrees with
the result reached by the lower court.
1.x. To declare incompatible an Act of Parliament that is
contrary to rights and freedoms settled down by the Human Rights Act.
