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US INSTITUTIONS

This part will briefly explain how the three main branches of government function. In
the chapter dealing with the Constitution, we explained that James Madison had devised a
system to prevent one branch from monopolizing power at the expense of the others: the
checks and balances system provided that each branch could control the two others. See
p. 54 in your booklet.

The executive branch

According to the Constitution (see summary in booklet), the President (and Vice-
President) is elected for 4 years and can serve two terms only. The president must execute the
laws passed by Congress, he is the head of the military forces. He can make treaties and
appoint government leaders and Supreme Court judges with the approval of the Senate. He
appoints cabinet members (members de son gouvernement) also with the approval of the
senate.
The method for electing the US president is complex and may seem undemocratic to French
people. Indeed, the president is not directly elected by the people but by an electoral college.
To become president, the candidate must win a majority of electoral vote. (There are toady
538 electoral votes). Each state has a precise number of electoral votes which corresponds to
the number of senator (2) plus the number of representatives. Attention: il s’agit simplement
de déterminer un nombre, les grands électeurs ne sont pas les sénateurs ni les
représentants!! For example, California has 55: 2+ 53 because it is a big state. By contrast, a
smaller state like Delaware or Vermont only has 3: 2+ 1. That’s why it is very important for
candidates to win big states like California, New York (31) or Texas (34).
How do the electors cast their votes? In fact, American citizens vote for one ticket (=
the presidential candidate and the vice-presidential candidate). Usually, there is a Democratic
ticket and a Republican one (Obama/Biden versus Mc Cain/palin for the 2008 election). If, for
example, the democratic ticket wins in California, even by a small margin, then, all the 54
electoral votes of California will go to the Democrats. This is called the winner-take-all
principle and it explains why a candidate can sometimes have more people voting for him
and yet lose the election to his opponent who reaped more electoral votes. This is what
happened to Al Gore in 2000 against Bush.
The process of selecting the candidates for the ticket are long and complex. It begins
with the primaries which take place from February to June in the election year. Then, in the
summer, each party organizes a national convention officially designating its candidates.
Finally, Americans go to the polls in November (popular vote) and the president is officially
elected after the electoral votes have been counted. The president is sworn into office on
Januray 20th of the year following his election. .

The Legislative branch

Congress is responsible for passing laws (see p. 56 in booklet). This is done through a
complex system of committees that examine and modify the bills. Bills must be voted by the
two houses of Congress and then sent to the President for approval. When the President
vetoes the bill, it can be voted again by Congress, with a 2/3 vote in each house. It seldom
happens that Congress manages to override the presidential veto.
The Senate is today composed of 100 members who have more prestige than the
representatives and are elected for 4 years. The Representatives are elected for 2 years and are
often re-elected several times because lobbies seek to invest in and keep a candidate.
The House of Representatives has primacy in national fiscal policy while the senate
has the responsibility of advising the executive branch in foreign policy. In case of
impeachment, the House sets up a list of charges and the senate tries the impeached official.

The Judiciary branch

The US judicial system is composed of state courts and federal courts; each state has
its own justice but ultimately, the US Supreme Court has the last say.
There are today 9 members (justices) in the US Supreme Court, appointed by the
President, who serve for life. Since 1803, the Supreme Court has had the power of judicial
review which enables it to declare laws or presidential acts unconstitutional. This is an
important power. Often, the Supreme Court has made conservative decisions in favor of white
power or big business. However, in the 1950’s and 1960’s, it took decisive steps against
segregation.
US institutions follow complex but elaborate systems devised to prevent tyranny,
defend citizens and protect democracy. However, the heavy process is sometimes criticized
for impeding radical change and favoring a globally conservative approach. Many Americans
currently question, for example, the presidential electoral mode and would like to replace it
with direct suffrage.