and the electoral process
the presidential election
AMERICAN GOVERNMENT
and the electoral process
the presidential election
AMERICAN GOVERNMENT
federal republic
federal government
state government
local government
division of powers
federal law
state law
local law
separation of powers – federal government
legislative branch – Congress
executive branch – President of the U.S.A.
judicial branch – Federal Courts (Supreme Court)
checks and balances
SHAPE AND FORM OF THE
AMERICAN GOVERNMENT
C
CONSTITUTION: THE SUPREME LAW OF THE USA
Powers Denied the National Government (e.g. Bill of Rights, no export
taxes among states)
Powers Denied the States (e.g. printing money, entering into treaties)
Powers Denied the National the States (and local) Governments
A. Delegated Powers of the National (Federal) Government
B. Reserved Powers of the States (10th Amendment)
C. Concurrent Powers (e.g. Taxes – on different power levels)
Education
Abortion laws
Roe v. Wade (1973) – abortion legal, but may be
restricted by the States in some ways (late
abortion, health plan coverage, etc.)
Death penalty
Federal capital punishment (civilian and military
jurisdiction)
Capital punishment banned in 16 states and in
Washington D.C.
DIVISION OF POWERS –
EXAMPLES
bicameral parliament
legislative power and a set of
delegated explicit and implied powers
financial and budgetary matters (budget,
taxes, loans, regulating commerce)
military matters (Congress declares war,
raises the army, and makes laws for the
military)
congressional oversight – power to
investigate and to oversee the executive
branch – through committees
power of removal – impeachment of
federal officers
elections every 2 years
House of Representatives
currently 435 representatives
representatives elected for 2 years
Senate
Two Senators from each state
Senators elected for a six-year term
every two years 1/3 of the Senators
elected
Vice-President is the President of the
Senate
LEGISLATIVE BRANCH – THE
CONGRESS
Consider these
interesting cases:
•Lisa Murkowski (2008)
•Melvin Carnahan (2000)
number of terms – limited
constitutionally to two (1951, 22nd
Amendment)
The President elected for a 4 year term
presidential candidates must be
natural born citizens of the U.S.A.
must be at least 35 years of age
must be a resident for 14 years
traditionally forms the cabinet
(Secretaries)
executes the federal law
accepts (signs) or vetoes federal
legislation – veto can be overridden by
a 2/3
rds
majority vote in both houses
conducts foreing policy
commander-in-chief
nominates judges of federal courts
(including the Supreme Court Justices)
may grant presidential pardon
EXECUTIVE BRANCH – THE
PRESIDENT OF THE U.S.A
United States district courts
(currently 94 districts)
United States Circuit Courts of
Appeals (currently 11 CoA's)
The Supreme Court of the United
States
the court of last resort
checks the law and governmental
actions for constitutional inquiries
interprets the Constitution
Chief Justice and eight Associate
Justices nominated by the President,
confirmed by the Senate, may be
impeached by Congress
Life tenure terminating upon death,
resignation, retirement, or conviction
on impeachment
JUDICIAL BRANCH – FEDERAL
COURTS
How to become the President of the USA?
Presidential nominees: party local and state
conventions-> primary elections -> Party national
conventions ->presidential candidates
Primaries – where the real election happens
Registered voters vs non-registered voters
Election Day
popular vote (Tuesday after the first Monday of
November – earliest 2 November – latest 8 November)
voters vote for electors who form the Electoral College
all states use a "short ballot,” only few require the name of
the elector added to the name of the presidential candidate
ELECTORAL PROCESS –
PRESIDENTIAL ELECTIONS
electoral votes allocated by the number of
represenatives and senators from
particular states (so the minimum
number of electors from a state is three)
additional three votes for Washington D.C.
'winner-takes-all' rule applies, with the
exception of Maine and Nebraska
Nebraska and Maine divide their Electoral Votes by congressional
districts + 2 votes based on state-wide popular vote
hence – votes in popular election do not have
the same 'weight': per-capita Electoral
College representation differs significantly:
e.g.: Wyoming vs. California – at a ratio of
more than 3:1,
yet, some scholars claim the opposite is true
(Banzhaf power index)
ELECTORAL COLLEGE
Electors cast their votes on the Monday after
the second Wednesday in December
Do they have to vote for ‘their’ candidate? – 24
states have laws punishing faithless electors
the candidate to win the majority of votes
(currently 270) in the Electoral College –
wins
Electoral votes counted by a joint session of
Congress on January 6
Now, what happens if there is a strong
third contender, who wins just one big
state or if there is a tie…?
SO WHO WINS?
House of Representatives chooses the President
House of Repr. chooses from three candidates who recieved the greatest
number of electoral votes
Each state delegation votes en bloc - its members have a single vote
collectively (and the District of Columbia does not vote)
A candidate must receive an absolute majority of state delegation votes
(currently 26) in order for that candidate to become the President-elect.
Additionally, delegations from at least two-thirds of all the states must
be present for voting to take place.
The House continues balloting until it elects a President.
Senate chooses the Vice-President
Senate chooses from two candidates who recieved the greatest number of
electoral votes
The Senate votes in the normal manner (i.e., ballots are individually
cast by each Senator, not by state delegations).
Two-thirds of the Senators must be present for voting to take place.
"majority of the whole number" of Senators (currently 51 of 100) is
necessary for election.
If a deadlock continues
If the House of Representatives has not chosen a President-elect in time for
the inauguration (noon on January 20), the Vice President-elect becomes
Acting President until the House should select a President. If the winner of
the vice presidential election is also not known by then, then the sitting
Speaker of the House becomes Acting President until either the House
should select a President or the Senate should select a Vice President.
PRESIDENTIAL DEADLOCKS
IF NONE OF THE CANDIDATES RECEIVED THE MAJORITY OF
ELECTORAL VOTES
ELECTORAL COLLEGE 2008
Electoral College map showing the results of the 2008 US presidential election.
ELECTORAL COLLEGE 2012 CHANGES
Electoral College map showing the CHANGES in Electoral College due to 2010 census
ELECTORAL COLLEGE 2012
(PROVISIONAL)
Electoral College map showing the results of the 2012 US presidential election.
POPULATION PER ELECTOR
The elections of 1876, 1888 and 2000 produced an
Electoral College winner who did not receive the
plurality of the nationwide popular vote
in 2000 – Bush: 271 electoral votes, Gore: 266
EV. Popular election – Bush: 50,456,002
(47.87%), Gore: 50,999,897 (48.38%)
weight of individual votes not equal
A strong third contender could cause trouble…
promotes interests of smaller states (yet
highlights the federal character of the nation)
(really? – only in close elections)
Presidential campaigns may focus on large swing
states (theoretically, it's enough to win 11 big
states to win the election)
Electoral Collage system promotes big turnouts in
swing states and discourages turnouts in non-
swing states
ELECTORAL COLLEGE - CONTROVERSY