Exam 2 of Latin America Politics

• Bill initiation

- some scholars examine the types of bills introduced by legislators, seeking to find a connections between the content of bills and constituency characteristics. • Example: In Colombia's Senate, geographically targeted bills are more likely to be initiated by legislators whose votes come mainly from geographically concentrated constituencies, while bills with a national focus are more likely to be introduced by legislators whose votes are dispersed across the country.

Part 2 of Question 9. What were some of the arguments in favor of such restrictions? Education

- At a time when politicians debated literacy restrictions, he argued that giving voting rights to indigenous people would only serve to increase the electoral power of those regions of the country populated "by the most ignorant inhabitants," and to heighten the influence of the rural patrons who usually dominated them. • The first Latin American countries to eliminate literacy restrictions on voting were Argentina, Mexico, and Costa Rica, during the 1850s. • The last countries to eliminate literacy restrictions was Brazil in 1985, Peru in 1979, and Ecuador in 1978. • The right to exercise a free vote was also hampered by the slow adoption of rules ensuring a secret ballot. • Despite opposition from some politicians, by the middle of the 20th century, all Latin American countries had adopted provisions favoring the secret vote.

Part 2 of Question 14. Name one rule that promotes the "personal vote"

- Electoral rules that promote the personal vote have been associated with more frequent contact between legislators and their constituents that those that promote a partisan vote. - Constituency service is more likely because it has a greater utility to career-oriented legislators. Evidence also suggests that, under personal vote systems, candidates are more likely to have individual connections (local roots) to the districts where they are nominated, such as lower-level electoral experience or being native to the district.

Initiate bills

- For example, according to a study of lawmaking in Latin America, the number of bills introduced each year by Chilean legislators is on average close to one per member while, in Argentina and Peru, the yearly average is greater than four per member. • most bills introduced by members of congress in Latin America fail to become law. • The approval rate of bills introduced by legislators differs markedly across countries, oscillating from a low of around 5% in Argentina to a high of around 26% in Uruguay and 27% in Peru. • If one moves from looking at the approval rates of bills to examining the total number of bills enacted into law, we find that in some countries, such as Colombia, Costa Rica, Mexico, and Peru, most laws originate as bills introduced by members of congress and not the president. • In other countries, such as Chile and Uruguay, the share of laws that originate with members of congress is much lower than those that originate in the executive branch.

7. What are some of the features of bicameralism typically utilized to classify legislatures.

- Having two chambers instead of one tends to make the passage of legislation more difficult. • Advocates of a bicameral structure have argued that it prevents abrupt changes in policy, providing a second check that can reduce arbitrary decisions and malpractices in policymaking. • Bicameral congresses can be classified according to the similarity of preferences between each chamber and the relative powers allocated to each one. • Divergent preferences depends on such factors as the electoral rules, the size of the chamber, and the length of the mandate. • If the members of each chamber represent different constituencies and are elected at different moments in time, they are more likely to have different inclinations. • The constitutions of Argentina, Brazil, and Chile tend to have the greatest number of mechanisms to enhance divergence between the two legislative bodies. • The Dominican Republic and Paraguay are examples of countries with institutional mechanisms that promote the greatest level of preference congruence across chambers. • In general, there is less variation across bicameral congresses in the region in terms of the relative distribution of power between chambers. • Arrangements considered to affect the degree of power symmetry include the ability to initiate, modify, and reject legislation as well as the ability to exercise oversight, influence executive appointments, and participate in the impeachment process.

Part 3 of Question 14. Name one rule that promotes the "partisan vote.

- Incentives to seek a partisan vote are associated with different outcomes than are incentives to seek a personal vote. In the case of the former, legislators from the same party are more likely to behave in a unified fashion in congressional votes. - They are also more likely to provide nationally oriented public goods and less likely to spend funds on inefficient localized projects (i.e., pork). - Studies have also shown that party-centered electoral rules tend to increase electoral turnout, which is assumed to be the result of parties' greater inclination to encourage individuals to vote.

1. Critics of presidentialism have argued that many political crises confronted by Latin American countries could have been avoided or resolved less painfully if a parliamentary system had been in place. Examples include that fall of democracy in Chile in the early 1970s and in Venezuela after 2015. Explain this argument. Why was presidentialism, presumably, a stumbling block to resolving these crises?

- It is often characterized as prone to executive-legislative conflict and more unstable than parliamentarism, the form of government prevalent in Western Europe. - The presidential form of government incorporated the idea of separating the executive and legislative powers and incorporating checks and balances - that is, attributions that allow each branch to limit the power of the others.

Regulatory decrees

- specify how a law is supposed to be implemented.

1. Plurality Rule:

- the candidate with the most vote wins. - Advocates argue that their preferred rule is simple; avoids the costs of conducting a second election; and reduces party fragmentation. - Critics point out that this method can lead to presidents elected with relatively low levels of electoral support and therefore lacking a clear popular mandate.

2. Some Latin American countries, like Uruguay, Venezuela, and in particular Peru, have some institutional attributes that differ from the pure presidential type. Explain what those attributes are.

- Peru, Uruguay, and Venezuela have constitutional provisions that allow congress to censure and fire members of the cabinet. - In Peru, Uruguay, and Venezuela. motions to censure the cabinet can trigger the dissolution of congress by the president. - Peru's constitution is the most divergent from the pure presidential type, and has been considered close to that of a semi-presidential country. - The Peruvian constitution allows the (unicameral) congress to dismiss a member of the president's cabinet or the entire cabinet. - A vote of censure needs the support of a majority of the members of congress. - After the dismissal of two cabinets, the president has the power to dissolve congress and hold new elections. - The Peruvian constitution allows the cabinet chief and individual ministers to introduce a confidence motion with specific legislative proposals. - If the motion of confidence (and bill) is rejected by congress, the entire cabinet or the individual minister making the motion must resign.

13. Why do we consider proportionality an important outcome of electoral rules?

- The electoral formula affects how closely the share of seats for a party corresponds to the share of votes it received. Many studies have shown that proportionality is greater under proportional representation rules than under plurality rule. Proportional representation rules reduce the bias in favor of large parties, which reduces disproportionality. This is one of the reasons that, during the 20th century, many countries decided to switch from majoritarian formulas, such as plurality rule, to proportional representation.

11. Which countries allow for indefinite reelection of the president?

- This ban on reelection was supposed to prevent already powerful presidents from perpetuating themselves in power. It was a check on the power of the president; when presidents lack sufficiently strong countervailing institutions, such as strong and independent legislatures and judiciaries, unlimited reelection may promote tyrannical tendencies. • Requiring turnover in the executive branch makes those out of government more likely to embrace democracy by giving them a greater chance to one day be in government. • Four Latin countries prohibit reelection altogether: Colombia, Guatemala, Mexico, and Paraguay. • In six countries, non-consecutive reelection is allowed: in Chile, El Salvador, Peru, and Uruguay, former presidents may run again after sitting out one term; and in Costa Rica and Panama, former presidents are eligible to run again after sitting out two terms. • Presidents may run once for reelection in four countries: Argentina, Brazil, Ecuador, and the Dominican Republic. • Four Latin American countries allow unlimited reelection of the president: Bolivia, Honduras, Nicaragua, and Venezuela.

Veto Power

- Threshold to override: • In many countries, like Argentina, Chile, the Dominican Republic, and Mexico, a two-thirds majority in each chamber is required to override the president's veto, just as in the case of the U.S. - In some countries, such as Costa Rica, Guatemala, and Honduras, the override requirement is a two-thirds majority in the unicameral congress. • In Brazil and Colombia, the president's veto may be overridden with the vote of a majority of members of the bicameral congress. In countries like Nicaragua, Paraguay, and Peru, the threshold for override is a majority of members from the unicameral congress. • In addition to the block veto, most Latin American countries allow presidents to veto just parts of the bill. - Partial veto - Amendatory veto

14. What is the difference between "the personal vote" and "the partisan vote"?

- What political scientists call "the personal vote" refers to contexts where politicians pursue votes based on their individual popularity rather than on the reputation of their party. - In contexts where "the partisan vote" is important, candidates should be less likely to run on their personal traits and more likely to campaign as members of a team

2. Majority Runoff:

- a candidate is elected president if he or she wins more than 50% of the vote. If no candidate passes the 50% threshold, there is a runoff election between the top two vote-getters. In the second round, the candidate who wins is elected president. - Advocates argue that this requirement increases the legitimacy of the elected president. • Another potential advantage is that the two-candidate competition in the second round tends to draw competitors towards the center. • It also encourages inter-party bargains and consensus building in support of candidates running in the second electoral round. • Critics note that the rules usually lead to more candidates and greater fragmentation of the party system than does plurality rule (but perhaps more options).

3. Reduced Threshold Runoff (or Qualified Runoff):

- a candidate may win in the first electoral round with less than 50% of the vote. If no candidate passes the required threshold, there is a runoff election among the top two vote-getters.

Partial veto

- allows president to delete some parts of the bill.

Amendatory veto

- allows presidents to replace some parts the bill with new text (amendments).

Administrative decrees

- codify ministerial decisions, such as the governing framework associated with public utilities.

3. Mixed systems:

- combine both majoritarian and proportional rules.

delegated decree power

- delegate from Congress to the executive

• Speeches

- legislators tend to use these opportunities to highlight the specific needs of their districts and demand governmental action on their constituents' behalf. • Example: in Chile, career-oriented legislators know that it is to their electoral advantage to be responsive to the demands of district constituents and, as a result, they use their allocated speech time to highlight local needs, such as medications to resolve shortages in local hospitals or better access to services provided by the government bureaucracy.

• Political scientists Gary Cox and Scott Morgenstern, for example, argue that legislatures in presidential countries may insert themselves into the policymaking process in two basic ways:

- proactively - reactively • As noted in this section, in countries like Colombia, Costa Rica, Mexico, and Peru, most laws are authored by members of congress, and in others, like Argentina, members of congress initiate a significant share of laws. • Moreover, major legislation initiated by the executive is almost always amended in congress. • The relative weight of reactive versus proactive activities varies across countries, but both modes of action make Latin American legislators influential actors in the lawmaking process.

1. A popularly elected president as the chief executive.

- the election of a single chief executive chosen by a popular election was a significant innovation. - The direct election of the president stands in contrast to the way the chief executive is elected in a parliamentary system. - The prime minister, who is the head of government in a parliamentary system, is chosen by the legislative assembly from among its members. - While in a presidential system the chief executive is both the head of government and the head of state, in a parliamentary system the prime minister is only the head of government. - The head of state is most often a monarch or a figurehead president.

Open List System

- voters can show preferences for some candidates, so voter preferences rather than a prearranged ranking determine the allocation of the seats won by a party.

Closed List System

- voters choose party lists composed of candidates who were ranked by their party prior to the election.

Part 2 of Question 9. What were some of the arguments in favor of such restrictions? Restrictions based on wealth

- were justified by arguing that the poor had no will of their own - they would be manipulated. • Restricting the vote to taxpayers was justified by arguing that those that didn't contribute to carry "the burdens of society" should not enjoy its benefits. • Wealth and education were seen as requirements to cast a free and informed vote. • Yet, more instrumental reasons typically motivated the advocates of such exclusions: the extension of the right to vote to the economically disadvantaged had the potential to threaten the political power and economic benefits enjoyed by the elites. • Adopting broader suffrage implied a more equal distribution of political influence.

• Institutional crises

- wherein one of the political branches threatens to alter or succeeds in altering the composition of the high court via impeachment, forced resignation, court packing, or other mechanisms - have occurred repeatedly over the last decades.

Reactively

- which involves amending and /or vetoing executive proposals. • They claim that Latin American legislatures are mostly reactive; but, more recent research has shown that Latin American legislators often act proactively.

Proactively

- which involves initiating and passing their own legislative proposals

Presidentialism entails three defining features:

1. A popularly elected president as the chief executive. 2. Fixed terms in office for the chief executive and the legislative assembly. 3. A president who names and leads the cabinet and has some lawmaking authority.

10. Latin America is a region of the world where rules for mandatory voting are very common. What are the pros of compulsory voting?

1. By increasing turnout, compulsory voting enhances the legitimacy of the elected representatives. 2. It fosters political equality because it primarily increases the participation of the economically disadvantaged, who would otherwise be less likely to influence the elected representatives. 3. Voluntary voting makes political polarization more likely by increasing the relative influence of the hard-core partisans that show up to vote. • Also, it's been argued that voting is a duty rather than a right, a task necessary to preserve political liberty.

Part 2 of Question 10. What are the cons of compulsory voting?

1. Compulsory voting is an infringement of individual freedom (voting is a right not an obligation and must be protected against state intrusion). 2. Compulsory voting violates their right to not go to the polls, which is a form of speech - a signal of their dissatisfaction with the available candidates, a protest against the political system, or perhaps, mere indifference. 3. Compulsion may be justifiable if the failure to vote imposed substantial costs on others, but this is not the case since non-voters do not impose a cost on voters and, most likely, increase the influence of those who choose to vote. 4. Voluntary voting makes the typical voter more informed and educated than the typical non-voter.

Part 2 of Question 4: 1. describe how may enhance such independence. length of tenure

1. Lifetime appointments • James Madison (in Federalist 51) and Alexander Hamilton (in Federalist 78) famously argued for the permanent tenure of Supreme Court judges. • Political scientists Gretchen Helmke and Jeffrey Staton argue that lifetime appointments may lower judicial independence by making judges more likely to comply with the wishes of those politicians who can dismiss them. 2. No-lifetime appointments: but how long? • Many experts on the judiciary have argued that short appointments ultimately reduce judicial independence by creating incentives to please those institutional actors who can help judges secure coveted jobs after their term in office is over. • Most agree that judicial independence is enhanced when the length of tenure is longer than that of the appointers.

Part 2 of Question 12. What is the most common electoral rule for choosing members of congress in Latin America?

1. Majoritarian 2. Proportional Representation 3. Mixed systems

12. What is the most common rule for electing presidents in Latin America?

1. Plurality Rule: 2. Majority Runoff: 3. Reduced Threshold Runoff (or Qualified Runoff):

5. Describe the three essential functions of legislatures. Include examples.

1. Representation 2. Lawmaking 3. Oversight

• Scholars have also underlined some potential advantages of presidentialism over parliamentarism (Shugart and Care 1992).

1. The direct election of presidents maximizes accountability by allowing voters to reward or punish them (or their parties) for their actions during the prior term in office. 2. In presidential systems, voters are more likely to identify the potential government that would result from national elections than in parliamentary systems. As a result, presidential elections provide voters with a greater opportunity to make a prospective choice. 3. The independence of legislators (embedded in the separation of powers) offers greater opportunities for executive-legislative bargaining and compromise.

• Self-appointment by judicial branch:

Chosen by high court judges (independence from the executive and legislative branches but maybe coopted by judges from higher courts).

• Voters:

Direct vote (it may affect impartiality, unqualified candidates)

• Representative Procedure:

Each institutional actor decides, often alone, who to appoint to fill some of the vacancies (more preferences, but maybe agents).

• Judicial Councils

The composition of these councils often includes judges, members of the bar association and academics, as well as government and congressional appointees (more often used for selecting lower court judges).

• Cooperative Procedure:

both branches need to reach an agreement. It sometimes also incudes high courts or judicial councils (more actors is good for independence but deadlock is more likely).

Question 1: Critic 2

• A second related argument stresses that presidentialism offers few incentives for coalition formation, which is likely to exacerbate executive-legislative conflict. • Since fixed terms mean that presidents are not required to have the confidence of congress to remain in office, there may not be much of an incentive for seeking government coalitions with other parties. In addition, a direct election is likely to give presidents a sense of power and a popular mandate that work against power sharing and coalition building. • Since Latin American countries typically have multiple viable parties, the chances that elections would produce presidents with a corresponding single-party majority in congress are diminished. • Presidents without a majority in congress, the argument goes, are likely to produce legislatively inefficient governments.

Question 1: Critic 3

• A third criticism centers on the competing claims for legitimacy resulting from the direct election of members of congress and the president. • Since both branches of government are independent and derive their power directly from voters, both can claim to represent the will of the people. • This is sometimes referred to as the "dual democratic legitimacy problem." • As a result, critics claim, a conflict is always latent and can surface at any time. • Presidentialism lacks a fundamental principle to resolve executive-legislative disputes. • Also, the president is both head of government and head of state (difficult balance).

Legislative Term Limits

• Advocates of this policy tend to argue that limiting the number of terms a legislator can serve in congress enhances representation because high reelection rates and a chamber with numerous incumbents result in a membership that ignores the wishes of most constituents. • Opponents of term limits disagree with this premise and underline the effect of elections in making legislators responsive to constituent interests.

Part 2 of Question 7. How are Latin American bicameral congress grouped under such classifications?

• Also relevant is the method utilized to resolve differences when each chamber passes a different version of the same bill. 1. Conference Committees (Chile and Colombia) 2. Joint session of both chambers (Bolivia and Uruguay) • Larger chamber (lower chamber) has an advantage. 3. Navette - shuttling bill between chambers (Argentina, Brazil, Dominican Republic, Mexico, and Paraguay). • Chamber of origin favored in Argentina and Brazil; revising chamber favored in Paraguay; no chamber favored in rules in Dominican Rep. and Mexico. • The constitutions of Argentina, Brazil, and Chile tend to have the greatest number of mechanisms to enhance divergence between the two legislative bodies. • The Dominican Republic and Paraguay are examples of countries with institutional mechanisms that promote the greatest level of preference congruence across chambers.

Extra info

• An amateurish membership is unlikely to achieve success in overseeing the actions of the executive branch or devising an appropriate regulatory framework. • In contrast, a professional membership with an institutionalized committee system is more likely to take on these tasks effectively. • In many of the region's legislatures, frequent membership turnover and few incentives for specialization work against accomplishing an effective oversight role

Part 2 of Question 9. What were some of the arguments in favor of such restrictions? Gender

• At the beginning of the 20th century, no Latin American country had enfranchised women. • Some of the arguments in favor of the status quo stressed that women were already represented by their husbands; that voting might place women in competition with men; that most women did not want to vote; or that it would shift a woman's attention from the home and motherhood to the dirty realm of politics. • While these ideas now seem absurd and archaic, they were not uncommon in the patriarchal societies of the early 20th century. • The first Latin American country to extend the right to vote to women was Ecuador in 1929, and the last one was Paraguay in 1961.

national budget.

• Constitutions allocate to the legislative branch substantial authority to oversee the execution of the budget., but for the most part, Latin American legislatures have fallen short of adequately checking the actions of the executive in this area of policy. • This is particularly evident with respect to the monitoring of executive compliance with approved budget rules. The executive's reassignment of expenditures during the execution of the budget, the recurrent use of off-budget expenditures, and the allocation of funds via executive decrees work to undermine legislative oversight. • Few internal financial resources, weak technical advisory capacity, and relatively uncommon committee specialization hinder the legislature's budgetary oversight responsibilities.

Legislative Term Limits in countries

• Costa Rica is the only country that prohibits the consecutive reelection of legislators. • Mexico also had a similar restriction but, in 2013, it reformed its rules to allow members of the Chamber of Deputies to serve up to four consecutive terms, and members of the Mexican Senate to serve up to two consecutive terms. • Bolivia's recent reform went in the other direction, imposing term limits that allow for only one consecutive reelection. • Ecuador also reformed its rules to limit members of the National Assembly to only two terms (consecutive or not).

3. Oversight

• Effective oversight can help deter corruption, restrain the power of the executive, and make governments more accountable. • One prerogative available to the legislature to exercise its oversight function is the ability to call ministers or other high-ranking officials to answer questions on matters under their purview ("interpelaciones"). • Members of congress can also request information from the executive. • Another way in which congress may exercise oversight is through investigative committees. • Another aspect of the oversight activities of congress involves the national budget. • It must be underscored that a capable membership and strong committees are crucial for congress to effectively exercise its oversight role.

2. Lawmaking

• Every year, Latin American legislators initiate a large number of bills addressing local and national issues and, to a lesser extent, matters of international scope. - Influence the content of bills • Congress can also preserve policies in place (i.e., the status quo) by refusing to address a new proposal.

• Budgetary resources targeted to the district

• Example: Brazilian presidents use discretion in executing budgetary amendments targeted to legislators' individual districts to rally support for their proposals.

• Casework on behalf of constituents

• Example: in Costa Rican legislators engage in casework on behalf of their constituents to favor their party, which can influence appointments after their term in office ends.

Question 1: Critic 1

• First, critics remarked that the fixed terms of office that characterize presidentialism introduce an element of rigidity to executive-legislative elections: there is no mechanism to replace presidents who have lost the confidence of their parties or who have become highly unpopular. • Because terms of office are fixed, executive-legislative deadlock cannot be easily overcome and may become particularly worrisome when confronting major crises or a highly polarized environment. • Waiting for the next election may be considered too costly for some political actors, who may prefer to undertake unconstitutional actions to try to change their unfavorable situation.

Part 2 of Question 1. How would parliamentarism have helped to overcome these crises?

• First, it lacks the rigidity of presidentialism. • The executive in a parliamentary system needs the support of a parliamentary majority to remain in power (the vote of confidence). • Coalition formation is common in parliamentarism, promoted by the government's need to have a majority support to maintain power. • If the largest party lacks a parliamentary majority, it is forced to bargain with other parties to craft a government acceptable to most legislators. • Since it is parliament that chooses the executive, dual democratic legitimacy is not a problem - and head of government is not head of state.

Examples of Legislative Agenda Setting

• For example, the Chilean Constitution gives the president three types of urgency motions: - an "immediate" motion that imposes a three- day deadline; a "suma" motion with a ten-day deadline; and a "simple" motion that allows a thirty-day deadline. • Presidents in Brazil and Colombia impose longer deadlines. • In Ecuador, Uruguay, and Paraguay, if congress does not act by the deadline, the bill is considered passed.

3. What are some of the most significant institutional differences between US and Latin American presidentialism regarding the power of the executive?

• For the most part, presidents in Latin America are given greater authority over legislative matters than the U.S. president. This power is codified in various rules that equip the executive with institutional tools to influence policymaking. 1. the right to initiate bills 2. veto power 3. influence over the legislative agenda; 4. executive decree power

Part 2 of Question 4. What are some of the factors/variables associated with presidential interruptions?

• Four variables have been underlined in various works: 1. Democratic longevity 2. The performance of the economy 3. Congressional support for the president 4. Street protests

Executive Decrees

• In Latin America, executive decrees tend to have a greater reach than the executive orders of the American president. • Administrative decrees • Regulatory decrees • The most controversial type is the decree-law. • There is also delegated decree power • Four Latin American countries provide wide decree-law power to their presidents: Brazil, Colombia, Peru, and Argentina. • In Brazil and Colombia, decrees take effect immediately and lapse after a certain period of time unless congress ratifies them. • In Peru and Argentina, decrees immediately become law and can only be nullified by a congressional act. • Although they are meant to be used in the context of an emergency, presidents have used them in various situations. Federal courts have the authority to nullify these decrees and, on several occasions, they have overturned them.

request information from the executive

• In Mexico, the right of congress to ask written questions of the executive was introduced in the constitutional reform of 2008. Following the president's required annual report to congress about the activities of the government, the Mexican Congress can forward written questions to which the executive must respond within 15 days. It can also present written questions to bureaucrats in the federal government, who must respond within the same amount of time. • In Chile, congress can pass a resolution asking questions of the executive, which must be answered within 30 days. Individual deputies, with the endorsement of one third of the chamber, also may ask for particular information from the government, which must be provided within the same period of time.

Part 2 of Question 2:

• In Uruguay and Venezuela, cabinet members may also be censured and fired, and under special circumstances, the president may also dissolve congress. • In Uruguay, if the vote of censure in the joint session passes with a two-thirds majority, the minister or ministers must resign. • If the motion of censure passes with a majority smaller than two-thirds, the president may veto it. If following a veto, congress votes in favor of the motion of censure but does not reach the threshold required for an override, the president can prevent the minister(s) resignation and proceed to dissolve congress. • In Venezuela, the president can choose to dissolve congress if the executive vicepresident is dismissed three times over the course of one six-year presidential term • Another constitutional provision not commonly associated with a pure presidential system is the recall referendum, which can cut short the executive's term of office. - In Venezuela, Ecuador, and Bolivia, it can be used to remove a president from office. - This is ultimately the voters' decision.

9. What were the three most common restrictions regarding the right to vote in early 20th century Latin America?

• In the Americas, as in Europe, the beginnings of representative government were characterized by legal restrictions that circumscribed political rights to wealthy males. • Up until the 20th century, the most common restrictions in place had to do with wealth, education, and gender. • Income qualifications typically required voters to be taxpayers, earn a specific salary, own property, or have a profession. • Literacy restrictions were also very common and prevented the poor and indigenous people from voting. • In most instances, wealth restrictions were eliminated before those related to literacy.

Legislative Agenda Setting

• In the U.S. Congress, the legislative agenda is firmly controlled by the majority party, and the president lacks the formal authority to interfere in the day-to-day scheduling of bills. • In six Latin American countries, presidents have the power to compel congress to attend to a particular bill by attaching an urgency motion to it: Chile, Brazil, Colombia, Uruguay, Ecuador, and Paraguay. • Congress may reject such a bill or return it to committee, but it must start debating it within a stipulated period of time. • Another presidential tool is the right to call special sessions of congress wherein the agenda is determined by the president. • Another salient difference between presidentialism in the U.S.and Latin America centers on congressional debates. • Most Latin American constitutions give the executive the right to participate in plenary debates.

The Right to Initiate Legislation

• In the U.S., presidents do not have the right to initiate bills directly; to enact their programs, they require surrogates in congress to introduce and push forward particular bills. • In Latin America, however, presidents have the authority to introduce bills directly. • In fact, most major bills introduced in the legislatures of Latin America are developed within the executive branch, and subsequently introduced as presidential bills. • The importance of executive originated bills is also the consequence of constitutional rules that give the president the exclusive right to initiate legislation in certain policy areas. • Several Latin American countries have rules that make the president the gatekeeper of particular legislation: no change may occur unless the executive makes the first move by introducing a bill on that specific topic. • For the most part, this power is reserved for tax and spend legislation or administrative matters. Budget Bill example.

Part 3 of Question 4: 2. describe how may enhance such independence. Appointment rules

• Independence is more likely if neither the executive or legislative branch has unilateral control over appointments. • Cooperative Procedure: • Representative Procedure: • Self-appointment by judicial branch: • Judicial Councils: • Voters:

15. Several analysts of presidential politics have argued that divided government or fragmentation of power among the elected branches tends to support judicial independence, whereas unified government undermines it. What is the rationale behind this claim?

• Independence refers to the autonomy of the court. • Judges are independent when they make decisions sincerely according their own ideas of what the law requires, without undue political or private pressures conditioning such decisions. • Hence, independence requires that judges have a significant level of autonomy from the executive and legislative branches. • But in practice, judges are seldom isolated from external pressures or political constrains. • One prominent argument postulates that fragmentation of partisan power shapes the incentive structure facing judges. • More specifically, when the presidency and congress are not controlled by the same party, sanctioning judges is more difficult, and as a result, members of the judiciary are more likely to act independently. • In addition, the lack of a unified government makes it more likely that one of the elected branches may protect judicial independence by vetoing actions that would overturn high court decisions. • In contrast, under a unified government, the risks of reprisal and override are greater, which makes judges less likely to oppose government policies or to curb presidential excesses.

• Congress can also preserve policies in place (i.e., the status quo) by refusing to address a new proposal.

• It is noteworthy that the vast majority of bills that fail to become law never get a final passage vote on the chamber's floor: they expire or are archived after failing to get a committee report or because they are never scheduled for debate on the floor of the plenary. • A significant percentage of the president's legislative program never becomes law because the related bills never move past the committee stage.

Careerism

• Latin American congresses exhibit varying degrees of careerism, but many chambers have many members serving their first term in office. • This is problematic, as lack of experience is often associated with less policy expertise and worse oversight capability. • The Chilean Congress is typically heralded as the legislative body with the highest rate of reelection in Latin America, with most members having served prior terms in office. • In other countries, such as Brazil, Uruguay, Colombia, and Panama, most members run for reelection and the majority of those incumbents are reelected. • The legislatures of other countries in the region tend to have a much higher rate of first time members. - Example: Argentine Chamber of Deputies; since the return of democracy in the early 1980s, the average rate of legislators running for reelection is less than 25%.

Part 2 of Question 13. What specific feature of proportional representation is closely associated with less disproportionality between the share of votes and the share of sets?

• Many consider this relationship a reflection of the fairness of the electoral rule. • Rules matter: • Proportionality is greater under proportional representation rules than under plurality rule - the latter boosts the number of seats distributed to large parties and penalizes small parties, which leads to disproportional results. • Within PR, district magnitude (DM) matters. High DM, more proportional results; low DM disproportionality increases.

1. Representation

• Members of congress are expected to represent their constituents by promoting their interests and being responsive to their demands. • Mainly, because it helps them further their political careers, either by increasing their chances of reelection or by helping them compete for other elected or appointed offices. • Admittedly, other reasons such as ideological commitment and advancing what they consider to be good public policy can also serve as strong motivators, but many political scientists tend to underline that legislators engage in these various constituent focused activities for instrumental reasons. • Bill initiation • Budgetary resources targeted to the district • Casework on behalf of constituents • Speeches - descriptive representation

- Influence the content of bills

• Most analysts of Latin American politics agree that major legislation is more likely to be initiated by the executive than by members of congress. • However, legislators can still influence the content of such bills by modifying them before they become law. • Evidence indicates that legislators successfully amend most major bills initiated by the president before they become law. • Legislators can also influence presidential proposals before they are introduced. • Presidents know that they need congressional support for their bills to become law and, therefore, they must craft proposals that can gain enough backing to pass.

Continuation - A related argument about the merits of each constitutional type focuses on the provision of nationally oriented policies.

• Nationally cohesive parties aggregate interests in a society, and limit the incentives of locally oriented politicians to pursue pork barrel and patronage policies. • Shugart notes that nationally oriented political parties are a prerequisite for parliamentary democracies to effectively provide national collective goods. In their absence, presidentialism appears better suited for this task. • This is because elections in presidential countries allow for a close link between legislators and their regional constituencies while, also, ensuring that a nationally elected president has the authority to pursue some national collective goods orientation in policymaking. • Given the lack of nationally oriented political parties in several LA countries, presidentialism might offer an advantage over parliamentarism.

4. Since the 1980s, 20 Latin American presidents have fallen from power before the stipulated end of their term in office without military intervention. How did their terms come to an end?

• One mechanism at play has been impeachment • On some occasions, presidents were dismissed by congress by means that differed from the impeachment proceedings established in the constitution. • The most common type of early termination of a presidential term has not been impeachment or dismissal, but formal resignation

Part 5 of Question 4: 4. describe how may enhance such independence. clauses specifying the number of judges in higher courts.

• One other institutional trait that is considered to influence judicial independence is whether the constitution stipulates the number of members in Supreme Court and the Constitutional Tribunal. • When the specific number of judges in the court is written into the constitution, it is more difficult for political actors to modify the rules to pack the court with friendly appointees. In such cases, a constitutional amendment must pass to change the size of the court. But if it is just a matter of law, it can be changed more easily, which facilitates court packing by political actors.

Gender quotas

• One particular feature of the electoral system that has been credited with increasing the number of women legislators in Latin America and elsewhere • The first country in the world to pass a law requiring all parties to have a specific percentage of women candidates was Argentina in 1991. It required that all political parties include at least 30% of women in the list of candidates to the Chamber of Deputies. • Since that time, almost all Latin American countries have established some form of quotas requiring the nomination of a certain percentage of women to the legislature. • Some countries, like Bolivia, Costa Rica, Ecuador, Mexico, and Panama, eventually passed reforms that raised the threshold to 50%.

6. Describe some of the mechanisms used in Latin American legislatures to oversee the executive branch.

• One prerogative available to the legislature to exercise its oversight function is the ability to call ministers or other high-ranking officials to answer questions on matters under their purview ("interpelaciones"). • Members of congress can also request information from the executive. • Another way in which congress may exercise oversight is through investigative committees. • Another aspect of the oversight activities of congress involves the national budge

16. Name four institutions aimed at judicial independence

• Recent works on Latin American courts have emphasized the importance of four mechanisms aimed at promoting judicial independence: appointment rules; length of tenure; removal proceedings; and clauses specifying the number of judges in higher courts.

Investigative committees

• The congressional support required to establish an investigative committee can vary significantly, which affects the ability of some parties to successfully investigate improprieties and of the government to prevent politically damaging inquiries. • For example, the creation of an investigative committee requires the support of 35% of the congressional membership in Peru, and two-fifths of the membership in the Chilean Chamber of Deputies. In these two countries, such committees are frequently formed. • In the Guatemalan Congress and the Uruguayan House of Representatives, a vote by a majority of members is sufficient for the creation of an investigative committee. • It is harder to put in place such a committee in the Argentine Senate, which requires the support of two-thirds of its membership.

2. Proportional Representation

• The guiding principle of proportional representation is that the distribution of seats should be based on the share of the vote. It is designed to incorporate minor parties into the legislature.

3. A president who names and leads the cabinet and has some lawmaking authority.

• The last defining feature of presidentialism refers to executive authority. • Presidential prerogatives vary across countries, but lawmaking power, even if circumscribed to little more than the power to sign and veto legislation, makes the president a relevant player and promotes bargaining between both branches of government. • Moreover, it is from the president that the cabinet derives its authority.

2. Fixed terms in office for the chief executive and the legislative assembly.

• The second defining feature of presidentialism is that the terms of office of the president and members of congress are fixed. • Both are elected for a specific period of time. • The president cannot dissolve the legislative branch, and members of congress cannot dismiss the president. • Fixed terms of office are not a defining feature of parliamentary systems: to remain in power the government depends on the confidence of parliament, which can vote to dismiss it. • Many parliamentary systems also give the executive the right to dissolve parliament and call for early elections

8. What are the two sources of committee power in legislatures?

• There are two main sources of committee power: one has to do with the prerogatives given to the committee by the rules of procedure, the other with the capability of its members. • One relevant source of committee power is its ability to review bills and report back to the chamber as to whether they should be passed, amended, or rejected. • In most legislatures, committees are given some advantages to defend their version of the reported bill. • Congressional committees are also strengthened by experienced legislators and a stable membership.

8. What are the two sources of committee power in legislatures?

• There are two main sources of committee power: one has to do with the prerogatives given to the committee by the rules of procedure, the other with the capability of its members. • One relevant source of committee power is its ability to review bills and report back to the chamber as to whether they should be passed, amended, or rejected. • In most legislatures, committees are given some advantages to defend their version of the reported bill. • Congressional committees are also strengthened by experienced legislators and a stable membership. • In several chambers in the region, legislators frequently switch committees throughout their term in office, which lowers incentives to specialize. Discontinuity in committee membership is associated with lower expertise, absenteeism, and infrequent meetings.

Descriptive representation

• This refers to the identifying features that legislators share with their constituents, such as gender and race, and the extent to which representatives resemble the represented. • In Latin America, the proportion of female legislators has steadily increased since the 1980s. • The improvement in the substantive representation of women is partly the result of changes in the role of women in society, as well as changes in attitudes regarding women as political leaders. • But institutional factors, like electoral rules, have also been found to have an effect.

• In addition to electoral quotas designed to guarantee the inclusion of women in legislative bodies, some countries have established other mechanisms to widen representation.

• Three Latin American countries have adopted rules that reserve a predetermined number of congressional seats for ethnic minorities: Bolivia, Colombia, and Venezuela. • Colombia was the first Latin American country to create reserved seats for indigenous peoples: two in the Colombian Senate and one in the House of Representatives. In addition, Colombia also created two seats in the House of Representatives to be reserved for Afro-Colombians.

Part 2 of Question 17. What is the difference between a priori and a posteriori judicial review? Mention Latin American countries that utilize each procedure (one per rule).

• Timing refers to the moment when constitutional review may take place. • When a constitutional review can only take place after a law has been adopted, it is called a posteriori (or ex-post). • If the constitutional review can take place before a bill is formally enacted, it is called a priori (or ex-ante). • According to this definition, concrete review may only take place a posteriori, while abstract review may take place both a priori or a posteriori. Argentina: (1) concrete, decentralized, a posteriori, open, and inter partes. Brazil: (1) concrete, centralized, a posteriori, open, and inter partes; (2) concrete, decentralized, a posteriori, open, and inter partes; (3) abstract, centralized, a posteriori, restricted, erga omnes.

17. What is the difference between abstract and concrete judicial review? Mention Latin American countries that utilize each procedure (one per rule).

• Type refers to the kind of claims that can be brought before the court. • Constitutional questions may be addressed by the court only in the context of concrete legal cases, or they may be addressed in the abstract. • For concrete review to take place, there must be a real case or controversy. This means that only after a law is in effect or a specific action has already taken place can the court find it unconstitutional. • Abstract review can take place in the absence of an actual case - in response to the demand of some specific political actors, such as members of congress or the executive. Costa Rica: (1) concrete, centralized, a posteriori, open, and inter partes; (2) abstract, centralized, a priori, restricted, erga omnes. (3) abstract, centralized, a posteriori, restricted, erga omnes. Mexico: (1) concrete, centralized, a posteriori, restricted, and erga omnes; (2) concrete, decentralized, a posteriori, open, and inter partes; (3) abstract, centralized, a posteriori, restricted erga omnes.

Countries with Voluntary, Mandatory, Compulsory (not enforced) and Compulsory

• Voluntary : Chile, Colombia, Nicaragua, and Venezuela. • Mandatory (but no legal sanctions): Costa Rica, El Salvador, Guatemala, Panama, and the Dominican Republic. • Compulsory (sanctions not enforced): Mexico, Honduras, and Paraguay. • Compulsory: Argentina, Bolivia, Brazil, Ecuador, Peru, and Uruguay.

Part 4 of Question 4: 3. describe how may enhance such independence. removal proceedings

• When judges fear arbitrary dismissal by political actors, judicial independence is threatened.

Part 2 of Question 11. What are some of the potential problems of unlimited presidential reelection?

• When presidential reelection is possible, the incumbent's advantage may diminish the fairness of the election and weaken the chances of the opposition. Incumbents may use public resources to sway potential supporters, intimidate opponents, coerce interest groups, bend campaign rules, or build a personality cult. • Opponents of presidential term limits argue that consecutive reelection promotes accountability. • Presidents who intend to run for office again have incentives to be responsive to the electorate. They anticipate that voters will judge them based on their record; thus, accountability enhances the chances that a president will do a good job. • Alternative arguments in favor of presidential reelection focus on the rights of voters and office holders. • From this perspective, if voters wish to reelect a president, prohibiting it restricts their choice. • More controversial is the argument that any type of presidential term limits constitutes unequal treatment because it restricts the individual office holder's right to run for office.

1. Majoritarian

• formulas tend to amplify the share of seats for the leading party and penalize minor parties. By boosting representation of the largest party, majoritarian rules seek to create working legislative majorities. • In the case of single-member districts (i.e., where only one legislator is elected per district), majoritarian rules are intended to promote the representation of local interests and make the personal reputations of candidates important to voters.