Comparative Governmets

Comparative Governments

Writing Assignment

This is a report comparing and contrasting the governments of the United States and Germany with respect to the structure and operations of the legislative branch, the executive branch, the bureaucracy and the judiciary.

The American legislative branch is the Congress. The word "congress" derives from latin meaning "a coming together". Congress isn't a single organization, rather a complex collection of organizations. It is a bicameral legislature, meaning it has two bodies: the House of Representatives and the Senate. The House of Representatives consists of 435 members each serving a two year term. Each State is allowed a certain number of representatives, depending on it's population. The Constitution doesn't state how they should be chosen, except that they must be inhabitants of that state. They are popularly elected, that is elected directly by the population. The Senate is made up of 100 members each serving a rotating 6 year term. Each state is permitted two senators to represent them. They also are popularly elected.

Congress tends to be made up of people, who think of themselves as independent representatives of a district or state. Therefore they will not always support their party, although often the case, but will also vote according to their beliefs and interests. Congress has independent powers, defined by the Constitution, allowing them to execise without regard to presidential preferences. Members are free to express their views on topics and they may vote as they wish.

The most important organizational feature of Congress is the set of legislative committees of the House and of the Senate. It is here, where the real work of Congress is done. Different types of committees exist. Through an elaborate set of committees and subcommittees, Congress can get involved in lawmaking, budget making and supervision of the administration of laws. Members of the United States Congress can initiate, modify, approve or reject laws. Their principal work is representation and action. A table showing a precise list of powers can be found in American Government on page 302.

Part of the German legislative branch is called the "Bundestag". It is a parliamentary system consisting of 672 members. These delegates are elected every 4 years and are the only directly elected political officials in the German system. Key components are the parliamentary groups of the political parties, or "Fraktionen". A "Fraktion" is a group of parliamentary members belonging to the same party. Party discipline is extremely high in the Bundestag. Approximately 85-90 percent of all votes are straight party votes.

The Basic Law assigns to it the primary functions of legislation. It has the power to elect the federal chancellor, which is held by secret ballot, but follows strict party lines. It can attempt to control the government and state bureaucracy using the "question hour". Here, officials are asked certain questions concerning a specific problem. It also can use the "Aktuelle Stunde", where a group of deputies can petition the Bundestag leadership and the government for a question period about a certain topic. A further control procedure is the chamber's right to investigate governmental activities. The Bundestag also has the power to demand the appearance of any government or state official. The most drastic form of parliamentary control is a formal vote of no confidence in the chancellor and his cabinet. This has only happened twice in the chamber's history.

The other part of the legislative branch is the "Bundesrat". It consists of delegates of the 16 "LÐ"¤nder". Each delegate has 3-6 votes, depending on the population of the state, for a total of 68. He represents the interests of that state. The Bundesrat can also initiate legislation, as can the Budestag. It must approve all laws directly related to the states' responsibilities. Legislation affecting state boundaries, national emergencies and proposed constitutional amendments require the approval of the Bundesrat.

The American executive branch is the Presidency. It is a unique office with great strength and profound weakness. The President is popularly elected for a 4 year term. He may serve up to two terms. In comparison to the British Prime Minister, he has less power. He must deal with a competitor, namly Congress, in setting policy and managing executive agencies.

The President has two forms of power: one, which requires the consent of the Senate or of Congress as a whole, and another, which he can exercise in his own right without formal legislative approval. He serves as commander in chief of the armed forces. He commissions officers of the armed forces. He grants reprieves and pardons for federal offences ( except impeachment ). He is to convene Congress in special sessions. He is to relieve ambassadors. He should take care that the laws be faithfully executed. And he is to wield the "executive power". These powers he is free to exercise. When making treaties and appointing ambassadors, judges or high officials, he needs to refer to the Senate. Approving legislation is done by the President and the entire Congress. The Constitution gives the President the right to veto legislation. He also enjoys the right of "executive privilege", that is, the right to withhold information that Congress may want to obtain. The greatest presidential power, however, is not found in the Constitution, but rather in politics and the public opinion.

The German executive branch is the the federal chancellor and the federal president. The chancellor is not popularly elected, rather is chosen by the Bundestag, in a secret ballot vote. He also serves a 4 year term and may serve as many terms as he is wishes, provided the majority party keeps the majority and the majority party wants him to stay chancellor. The position of the chancellor as the chief executive of state is defined in the Basic Law. He shall determine and is responsible for the general policy guidelines. He also appoints and dismissses cabinet ministers. The chancellor's office has a staff of about 500, headed mainly by a cabinet minister or a high-ranking civil servant.

The other part of the executive branch is the federal president. He is elected by the federal assembly ( Bundesversammlung ) of all Bundestag deputies and an equal number of deputies from various state parliaments. He serves a 5 year term and may serve up to two terms. He is the ceremonial head of state. He formally proposes