БОК политология Омарбекова А.Т. 0704000,0701000. Общее количество на предмет 28 часов
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Тема: The Political power. The term 'political power' describes a phenomenon in which a person in authority gains the right to influence and pressurize the official policy that can serve his interest well. Though the misuse or influence is being done usually done by one person only, you can also use the term when a collection of people are doing the same thing to serve their interest Definition An authority held by a group within a society that allows for the administration of public resources and implement policies for society. Power may be acquired as a means of governmental direction or in opposition to a government group. It is a fact proved throughout history that a state cannot operate successfully if it does not possess power. The power of the state lies in enacting laws and enforcing them, even by physical force if necessary. Within a state, political processes regulate the use and purpose of power. Power then can be described as the organizing concept of politics, in that it relates to the means used by individuals or groups of individuals within the state to determine the outcome of political processes. John Locke defines political power as the power of making laws and executing penalties, the preservation of property, and of employing the force of the community in executing the laws and defending the commonwealth from foreign attack. Power, he stresses, must only be used for the public good. . Concepts of power and domination is very much related that they cannot be separately analyzed without referencing to each other. Not only in modern forms of societies that we live in today, but also in former systems the importance of concepts of power and domination were unquestionable whether they were in visible forms or not. The relations of power and domination can be traced between individuals themselves and also between individuals and the authorities. Although both relations seem to have similar grounds in respect to their association with power and domination concepts, the main difference is in the tools and understandings that create significance, especially in the relationship between the society and the state. Power is frequently defined by political scientists as the ability to influence the behavior of others with or without resistance. The term authority is often used for power perceived as legitimate by the social structure. Power can be seen as evil or unjust, but the exercise of power is accepted as endemic to humans as social beings. In the corporate environment, power is often expressed as upward or downward. With downward power, a company's superior influences subordinate. When a company exerts upward power, it is the subordinates who influence the decisions of the leader (Greiner & Schein, 1988). Often, the study of power in a society is referred to as politics. Much of the recent sociological debate on power revolves around the issue of the enabling nature of power. A comprehensive account of power can be found in Steven Lukes Power: A Radical View where he discusses the three dimensions of power. Thus, power can be seen as various forms of constraint on human action, but also as that which makes action possible, although in a limited scope. Much of this debate is related to the works of the French philosopher Michel Foucault (1926–1984), who, following the Italian political philosopher Niccolò Machiavelli (1469–1527), sees power as "a complex strategic situation in a given society social setting". Being deeply structural, his concept involves both constraint and enablement. For a purely enabling (and voluntaristic) concept of power see the works of Anthony Giddens. Термин "политическая власть" описывает явление, при котором лицо, облеченное властью, получает право влиять и оказывать давление на официальную политику, которая может хорошо служить его интересам. Хотя злоупотребление или влияние обычно осуществляется только одним человеком, вы также можете использовать этот термин, когда группа людей делает то же самое, чтобы служить своим интересам Определение Власть, принадлежащая группе внутри общества, которая позволяет управлять государственными ресурсами и проводить политику в интересах общества. Власть может быть приобретена как средство государственного руководства или в противовес правительственной группе. Это факт, доказанный на протяжении всей истории, что государство не может успешно функционировать, если оно не обладает властью. Сила государства заключается в принятии законов и обеспечении их соблюдения, даже с помощью физической силы, если это необходимо. В государстве политические процессы регулируют использование и назначение власти. Таким образом, власть может быть описана как организующая концепция политики в том смысле, что она относится к средствам, используемым отдельными лицами или группами лиц в государстве для определения результатов политических процессов. Джон Локк определяет политическую власть как власть издавать законы и исполнять наказания, сохранять собственность и использовать силу сообщества для исполнения законов и защиты содружества от иностранного нападения. Власть, подчеркивает он, должна использоваться только для общественного блага. . Понятия власти и господства очень сильно связаны, что их нельзя анализировать отдельно, не ссылаясь друг на друга. Не только в современных формах обществ, в которых мы живем сегодня, но и в прежних системах важность концепций власти и господства не подвергалась сомнению, независимо от того, были ли они в видимых формах или нет. Отношения власти и господства можно проследить как между самими индивидами, так и между индивидами и властями. Хотя оба отношения, по-видимому, имеют схожие основания в отношении их связи с концепциями власти и господства, основное различие заключается в инструментах и понимании, которые создают значимость, особенно в отношениях между обществом и государством. Политологи часто определяют власть как способность влиять на поведение других людей с сопротивлением или без него. Термин "власть" часто используется для обозначения власти, воспринимаемой социальной структурой как законная. Власть может рассматриваться как зло или несправедливость, но осуществление власти считается присущим людям как социальным существам. В корпоративной среде власть часто выражается как восходящая или нисходящая. При нисходящей власти начальник компании влияет на подчиненного. Когда компания усиливает свою власть, именно подчиненные влияют на решения лидера (Greiner & Schein, 1988). Часто изучение власти в обществе называют политикой. Большая часть недавних социологических дебатов о власти вращается вокруг вопроса о стимулирующей природе власти. Всестороннее описание власти можно найти в книге Стивена Лукаса "Власть: радикальный взгляд", где он обсуждает три измерения власти. Таким образом, власть можно рассматривать как различные формы ограничения человеческих действий, но также и как то, что делает действие возможным, хотя и в ограниченных масштабах. Большая часть этих дебатов связана с работами французского философа Мишеля Фуко (1926-1984), который, вслед за итальянским политическим философом Никколо Макиавелли (1469-1527), рассматривает власть как "сложную стратегическую ситуацию в данной социальной среде общества". Будучи глубоко структурной, его концепция включает в себя как ограничение, так и стимулирование. Для чисто стимулирующей (и волюнтаристской) концепции власти см. Работы Энтони Гидденса. Контрольные вопросы: What is the essence of power relations? What is the specific of political power unlike other kinds of power? What is state and power? 1. В чем суть властных отношений? 2. В чем специфика политической власти в отличие от других видов власти? 3. Что такое государство и власть? УРОК 4 Тема: The Political power. Powers of State Because the United States is a presidential system, the president fulfills the role of head of state and head of Government. As a head of state, the President of the United States represents the nation at home and abroad. In this capacity the President has the power to receive other foreign heads of state, such as the Queen of the United Kingdom of Great Britain and Northern Ireland or the German Bundespräsident in official ceremonies. As head of state, the President has the power to offer diplomatic recognition of other states. This is most commonly done through an exchange of ambassadors between the two countries. At times, diplomatic recognition can be controversial. President Harry Truman recognized the state of Israel in 1948 despite the violent onslaught on it by Arab countries, and President George W. Bush extended recognition to Kosovo in 2008 despite the questionable legal status of the nation. Many of the duties as head of state are ceremonial and convey no real power. Executive powers Within the executive branch itself, the President has broad powers to manage national affairs and the workings of the federal government. The President can issue rules, regulations, and instructions called executive orders, which have the binding force of law upon federal agencies but do not require congressional approval. According to the Budget and Accounting Act of 1921, the president is also responsible for preparing the Budget of the United States, although the Congress must approve it. The Office of Management and Budget assists the President with the preparation of the budget. In the past (but no longer), the President was able to impound funds as he saw fit. The power was available to all presidents up to and including Richard Nixon, and was regarded as a power inherent to the office. The Congressional Budget and Impoundment Control Act of 1974 were passed in response to large scale exercise of the power by President Nixon. This act also created the Congressional Budget Office as a legislative counterpoint to the Office of Management and Budget. As Commander in Chief of the armed forces of the United States, the president may also call into federal service the state units of the National Guard. In times of war or national emergency, the Congress may grant the president even broader powers to manage the national economy and protect the security of the United States, but these are not powers granted by the Constitution to the president. During the Vietnam War in 1973, Congress passed the War Powers Act to severely limit the ability of the President to conduct warfare without Congressional approval. Congress has the power to declare the war (Article 1, sec 8), but if the president needs to send the troops to other countries for hostile reasons, he will need congressional confirmation within 48 hours. For any time beyond 60 days, further congressional approval will be required. The President does retain the sole right to authorize the use of nuclear weapons and is constantly accompanied by a special military officer who carries the "nuclear football". The President has several options when a bill arrives on his desk from Congress: If he agrees with the bill, then it is signed into law within ten days of receipt. If the president opposes the bill, he can veto it and return the legislation to Congress with a veto message offering suggested changes. Presidents must approve all of a bill or none of it; they do not have the ability to veto only selected parts. If the Congress is still in session for ten business days after the president receives the bill, the legislation will become a law without the president's signature. But, if Congress adjourns within the ten business days of giving the bill to the President, the bill dies. If the president does this to a bill, Congress can do nothing to override the president. This is called a pocket veto. In 1996, Congress gave President Bill Clinton a line-item veto over parts of a bill that require spending federal funds. The Supreme Court ruled that Clinton's use of the veto against a pork barrel appropriation for New York City was unconstitutional. The Court ruled in Clinton v. New York City that only a constitutional amendment could give the president the line item veto power. The President can also issue a signing statements with a bill that he has signed. In a signing statement, the President may express his opinion on the constitutionality of some provisions of a bill (such as those that intrude on executive power) and declare that those provisions will not be enforced. The Supreme Court has not addressed the use of signing statements by the President. Congress can override vetoes with a two-thirds vote of both chambers, but this process is difficult and relatively rare. The threat of a veto is usually sufficient to force Congress to pass a bill which the President is willing to sign. Much of the legislation dealt with by Congress is drafted at the initiative of the executive branch. In annual and special messages to Congress, the president may propose legislation he believes is necessary. The most important of these is the annual State of the Union address. Before a joint session of Congress, the president outlines the status of the country and his legislative proposals for the upcoming year. If Congress should adjourn without acting on those proposals, the president has the power to call it into special session. But beyond this official role, the president, as head of a political party and as principal executive officer of the United States government, is primarily in a position to influence public opinion and thereby to influence the course of legislation in Congress. Контрольные вопросы: What is the political power? What is the main concept of executive power? What can the President issue? What are powers related to legislation? УРОК 5 Тема: The Political system. Powers of Appointment The President of the United States has several different appointment powers. Before taking office, the President-elect must appoint more than 6,000 new federal positions. The appointments range from top officials at U.S. government agencies, to the White House Staff, and members of the United States diplomatic corps. Many, but not all, of these positions are appointed by the President with the advice and consent of the United States Senate. The President also has the power to nominate federal judges, including members of the United States Courts of Appeals and the United States Supreme Court. However, these nominations do require Senate confirmation, and this can provide a major stumbling block for Presidents who wish to shape their federal judiciary in a particular ideological stance. The President must appoint judges for the United States District Courts, but he will not often defer to Senatorial courtesy in making these choices. As head of the executive branch, the President must appoint the top officials for all of the federal agencies. These positions are listed in the Plum Book which outlines more than 7,000 appointive positions in the government. Many of these appointments are made by the President. In the case of ten agencies, the President is free to appoint a new agency head at his pleasure. For example, it is not unusual for the Director of the Central Intelligence Agency or the NASA Administrator to be changed by the President. Other agencies that deal with federal regulation such as the Federal Reserve Board or the Securities and Exchange Commission have set terms that will often outlast the time a President sits in office. For example, the members of the Federal Reserve board serve for twelve years. This is to ensure that these agencies can act independently of political control. The President also appoints members to the boards of directors for government-owned corporations such as Amtrak. The President can also make a recess appointment if a position needs to be filled while Congress is not in session. In the past, Presidents had the power to appoint all members of the United States civil service. This use of the spoils system allowed Presidents to reward political supporters with jobs. Following the assassination of President James Garfield by Charles J. Guiteau, a disgruntled office seeker, Congress instituted a merit-based civil service in which positions are filled on a nonpartisan basis. The Office of Personnel Management now oversees the staffing of 2.8 million federal jobs in the federal bureaucracy. The President must also appoint his staff of aides, advisers, and assistants. These individuals are political appointments and are not subject to review by the Senate. All members of the staff serve "at the pleasure of the President."[2]. Since 1995, the President has been required to submit an annual report to Congress listing the name and salary of every White House Office employee. Executive clemency Article II of the United States Constitution gives the President the power of clemency. The two most commonly used clemency powers are those of pardon and commutation. A pardon is an official forgiveness for an acknowledged crime. Once a pardon is issued, all punishment for the crime is waived. The person accepting the pardon must, however, acknowledge that the crime did take place. The President maintains the Office of the Pardon Attorney in the United States Department of Justice to review all requests for pardons. Most pardons are issued as oversight of the judicial branch, especially in cases where Federal Sentencing Guidelines are considered too severe for the crime committed. Other pardons have been much more controversial because there was political motivation. President Bill Clinton pardoned millionaire Marc Rich after Rich fled the country to escape prosecution. The most famous presidential pardon is that of former President Richard Nixon by President Gerald Ford. This power can check the legislative and judicial branches by altering punishment for crimes. Presidents can issue blanket amnesty which forgives entire groups of people for a crime. President Jimmy Carter offered amnesty to Vietnam War draftees who fled to Canada. Presidents can also issue temporary suspension of prosecution or punishment in the form of respites. This power is most commonly used to delay federal sentences of execution. The President can also commute a sentence which, in effect, changes the punishment to time served. While the guilty party may be released from custody or not have to serve out a prison term, all other punishments still apply. President George W. Bush commuted the sentence of White House staffer Lewis "Scooter" Libby. Foreign affairs Under the Constitution, the president is the federal official that is primarily responsible for the relations of the United States with foreign nations. The president appoints ambassadors, ministers, and consuls —subject to confirmation by the Senate—and receives foreign ambassadors and other public officials. With the secretary of state, the president manages all official contacts with foreign governments. On occasion, the president may personally participate in summit conferences where heads of state meet for direct consultation. Thus, President Woodrow Wilson headed the American delegation to the Paris conference at the end of World War I; President Franklin D. Roosevelt met with Allied leaders during World War II; and every president since then has sat down with world leaders to discuss economic and political issues and to reach agreements. Through the Department of State and the Department of Defense, the president is responsible for the protection of Americans abroad and of foreign nationals in the United States. The president decides whether to recognize new nations and new governments, and negotiate treaties with other nations, which become binding on the United States when approved by two-thirds of the Senate. The president may also negotiate "executive agreements" with foreign powers that are not subject to Senate confirmation. Emergency Powers Over the years, Presidents have claimed to have emergency powers in times of crisis. These Inherent Powers have been used both at home and overseas. The most common use of emergency powers is to declare a state of emergency which allows the Federal Emergency Management Agency (FEMA) to bypass normal administrative and jurisdictional rules. Declarations of emergency can also provide special federal aid such as during the Flood of 1993 along the Mississippi River or in New Orleans after Hurricane Katrina. President Abraham Lincoln used his emergency powers to suspend the writ of habeas corpus in Maryland during the American Civil War. President Harry Truman was also denied emergency powers by the Court in Youngstown Sheet & Tube Co. v. Sawyer when he tried to nationalize the nation's steel mills. Executive Privilege Executive privilege gives the President the ability to withhold information from the public, Congress, and the courts in matters of national security. George Washington first claimed privilege when Congress requested to see Chief Justice John Jay's notes from an unpopular treaty negotiation with Great Britain. While not enshrined in the Constitution, Washington's action created the precedent for privilege. When Richard Nixon tried to use executive privilege as a reason for not turning over subpoenaed evidence to Congress for the Watergate hearings, the Supreme Court ruled in United States v. Nixon that privilege did not apply in cases where a President was attempting to avoid criminal prosecution. Later President Bill Clinton lost in federal court when he tried to assert privilege in the Lewinsky affair. The Supreme Court affirmed this in Clinton v. Jones which denied the use of privilege in cases of civil suits as well. Constraints on Presidential power Because of the vast array of presidential roles and responsibilities, coupled with a conspicuous presence on the national and international scene, political analysts have tended to place great emphasis on the president's powers. Some have even spoken of "the imperial presidency," referring to the expanded role of the office that Franklin D. Roosevelt maintained during his term. President Theodore Roosevelt famously called the presidency a "bully pulpit" from which to raise issues nationally, for when a president raises an issue, it inevitably becomes subject to public debate. A president's power and influence may be limited, but politically the president is certainly the most important power in Washington and, furthermore, is one of the most famous and influential of all Americans. Though constrained by various other laws passed by Congress, the President's executive branch conducts most foreign policy, and his power to order and direct troops as commander-in-chief is quite significant (the exact limits of what a President can do with the military without Congressional authorization are open to debate). The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist. Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as Checks and Balances (see Separation of powers). For example, the President appoints judges and departmental secretaries, but these appointments must be approved by the Senate. Контрольные вопросы: 1. The political system and the political regime. 2. What are the main features of totalitarian and authoritarian state? 3. What are the foreign affairs? 4. What are constrains on presidential power? УРОК 6 |