AP Gov Midterm

To influence policy making by the federal courts, the president may do all of the following

Take political ideology into account in making judicial appointments Make public statements about issues that might appear before the courts Encourage the Justice Department to get involved in cases that test certain issues EXCEPT - Fire and replace judges

Which of the following scenarios best illustrates a formal check on the power of the bureaucracy?

The secretary of defense being called to testify before a congressional committee

A number of factors enable presidents to exert influence over Congress in the area of domestic policy. However, presidents are also limited in their influence over domestic policymaking in Congress. (a) The Constitution grants the president certain enumerated powers. Describe two of these formal powers that enable the president to exert influence over domestic policy. (b) Choose two of the following. Define each term and explain how each limits the president's ability to influence domestic policymaking in Congress.

(a) Veto State of the union address Propose legislation (b) Mandatory spending - money required to be spent for certain categories, funding appropriations President cant take money allocated to NASA and move it to defense Requires Congress to change the budget The president is limited in his ability to pay for policies Party polarization Lame-duck period - period from election to inauguration, the previous president has not been reelected but still holds power for three months Losing political influence - bully pulpit less effective

Presidents are generally thought to have advantages over Congress in conducting foreign policy because of the formal and informal powers (a) Identify two formal constitutional powers of the President in making foreign policy. (b) Identify two formal constitutional powers of Congress in making foreign policy. (c) Identify two informal powers of the President that contribute to the President's advantage over Congress in conducting foreign policy. (d) Explain how each of the informal powers identified in (c) contributes to the President's advantage over

(a) Commander-in-chief; power to commit troops (share military hardware) Appointment of ambassadors and foreign policy officials Negotiate / make treaties Recognition of nations Receive ambassadors and other public ministers (b) Confirm ambassadors Power of purse in military/foreign policy matters (Congress controls the budget - can refuse the president's budget or take away his funding, in extreme cases can impeach the president) Declare war Pass laws/ resolutions re: foreign policy issues Regulate foreign commerce (including trade agreements) Ratify treaties Authorize foreign aid (c) Executive agreements Access to media/bully pulpit/ morale building Agenda setting Meet with world leaders Crisis managers International coalition building President has access to more information, knowledge, or expertise than does Congress Recognized as global leader Executive privilege (d) Persuade congress; negotiate, offer support, threats, etc. Persuade public: (various means of persuasion) on foreign policy process/ issues (e.g., apply pressure to Congress) Ability to circumvent the formal process

The Supreme Court is commonly thought to be "above politics." However, one can argue that the appointment of Supreme Court justices is political. (a) Identify three characteristics of Supreme Court nominees and discuss how each characteristic has been politically relevant during the appointment process. (b) Identify two methods that have been used by interest groups to influence the appointment

(a) Gender - feminism, abortion Ideology - Christianity Race/ethnicity - black lives matter, equality (b) Influence the president - try to influence the appointment Interests groups submit lists of people they like (report card) Influence the Senate - try to influence the approval Members of the senate are going to vote Interest groups can threaten to stop supporting them Ex. pro-choice groups syaing to reject someone - if the senator does not comply they will be opposed by the whole pro-choice population Influence the people - use the media, expose scandals on nominees

The judicial branch is designated to be more independent of public opinion than are the legislature or the executive. Yet, The United States Supreme Court rarely deviates too far for too long from prevalent public opinion. (a) Describe two ways in which the United States Supreme Court is insulated from public opinion. (b) Explain how two factors work to keep The United States Supreme Court from deviating too far from public opinion.

(a) Lifetime appointments Not elected No one can change their salaries (b) If they are judicial activists they see the constitution as a living document - will interpret it to align with modern views Amicus briefs - legal brief where someone who is not a party to a case assists a court by offering information, judges are informed by "friends" who would likely hold views that align with some part of the population Judges choose the cases that are covered in public issues - they select cases that are major issues, they are settling the major disputes in public opinions, stay connected with the public

The federal bureaucracy as part of the executive branch exercises substantial independence in implementing governmental policies and programs. Most workers in the federal bureaucracy are civil-service employees who are organized under a merit system. (a) Describe one key characteristic of the merit system. (b) For each of the following, describe one factor that contributes to bureaucratic independence. (c) For each of the following, explain one Constitutional provision that it can use to check the bureaucracy.

(a) Need to be professional - demonstrate competency Must have specialization and expertise Makes it apolitical because it is based on competency - will not be fired based on political discrepancies (b) The structure of the federal bureaucracy - Congress creates the independent agencies, the agencies have rule making authority The complexity of public policy problems - requires expertise, you must understand the economic issue and be able to solve the problem, people should not just be appointed because they are well liked or supported by a certain group, politicians do not have the specific knowledge to combat these issues (c) Congress - creating legislation, can pass legislation that limits the bureaucracy's control The courts - judicial review, the courts on their part can rule decisions made by the bureaucracy unconstitutional once brought to the proper court Interest groups - free speech, freedom of the press, can protest Citizens United decision - SC removed restrictions on amount of money to be spend by special interest groups on political speech

(a) Referencing the scenario, describe the foundation of the power that the EPA exercised related to the Clean Water Act, and explain how the EPA's power can have an impact on civil liberties. (b) Explain why a political appointee, such as the head of the EPA, might implement changes to the Clean Water Act differently than the civil servants who work within the EPA. (c) Describe an informal power the president could use to influence the EPA's policies regarding the Clean Water Act, and explain how the president's statement might impact the actions of the EPA.

(a) The EPA is allowed to make any rules necessary and proper to allow them to regulate clean water and clean air. They used their rule making power to create requirements that allowed them to inspect private properties. This basically limits our civil liberties because we now have to comply with these regulations and lose some control over our freedom of property. (b) Political appointees align with the ideology of the president. Therefore, he would work to support the president's party, the conservatives, who believe climate change does not exist. Civil servants could be liberal and support climate change, so they would work with that ideology. (c) The president could use the bully pulpit to persuade the public that the EPA is violating our right to property. Then, the support by the public would pressure the EPA to stop entering private property. The president would try to mobilize corporate America against the EPA. Corporate America would then lobby and pressure members of congress to fight the EPA. Then, the members of Congress could create legislation to limit the EPA's power.

What can the President do without seeking the consent of either the House or the Senate?

Deploy troops

A fundamental source of power for the federal bureaucracy lies in its

Ability to set specific guidelines after receiving a general mandate from Congress

The Supreme Court in its rulings should defer to the elective institutions of government

Advocating both the "doctrine of political question" and this judicial philosophy - judicial restraint

Example of informal power?

Advocating in an express bus (bully pulpit)

What is the specific relationship between regulatory agencies and the industries they regulate?

Agency employees are often recruited from the regulated industry Agencies often rely on support from regulated industries in making budget requests before Congress An agency's relationship with a regulated may change when a new president takes office Agency employees often are employed by the regulated industry once they leave the agency EXCEPT - Agencies usually make decisions without consulting the regulated industry

Explain the President's difficulty in controlling cabinet-level agencies

Agency staff often have information and technical expertise that the President and presidential advisers lack Civil servants who remain in their jobs through changes of administration develop loyalties to their agencies Congress is a competitor for influence over the bureaucracy (they want funding) Agencies often have political support from interest groups EXCEPT - The President can only fire appointees before they have been confirmed by the Senate

What is the "delegated discretionary authority" of executive branch agencies?

An agency's ability to decide whether or not to take certain courses of action when implementing existing laws Ex. Congress giving the Environmental Protection Agency the power to establish national pollution standards Ex. The mission of the Department of Transportation is to ensure the safety and efficiency of the transportation system. The Department of Transportation has accepted public comments regarding the safety of automated vehicles in the United States in order to establish standards and guidelines for this new technology. Delegated discretionary authority - agency's ability to make rules and policies after the agency is established by congress Discretionary - not defined by congress Subject to judicial review

Courts of appeal

Appellate courts empowered to review all final decisions of district courts (except in rare cases), they also hear appeals to orders of many federal regulatory agencies Have authority to review and enforce the orders of many independent regulatory commissions Focus on correcting errors of procedure and law that occurred in the original proceedings of legal cases, such as when a district court judge gave improper instructions to a jury or misinterpreted the rights provided under a law Hold no trials and hear no testimony Their decisions set precedent for all the courts and agencies within their jurisdictions

The War Powers Resolution (1973) was designed to...

Assure congressional involvement in decisions committing military forces in hostile situations overseas Congress has sole ability to declare war - limits president from declaring war abroad Congress did not like the US getting involved in two foreign wars without their consent War Powers Resolution required the president to receive consent from Congress once troops have been deployed somewhere for 60 days The president can deploy the troops however he wants for 60 days but Congress could defund it to limit his power

One of the formal tools used by Congress for oversight of the bureaucracy is

Authorization of spending

Informal powers of the president

Bully pulpit - power to go public Make executive agreements with foreign nations Issue executive orders Issue signing statements Executive privilege

What is the "bully pulpit," and how does it work in conjunction with the media to promote the presidential agenda?

Bully pulpit - president's ability to control the media A power unique to the president Ex. President Reagan delivering a televised address urging a reduction in federal taxes

The president using the bully pulpit as a tool for agenda setting

Bully pulpit - the president's ability to use his access to the media to give statements and persuade the public President has access to all four major news stations The media is a powerful tool is swaying the views of a nation The media also can sway the views of government officials to get them to do things the president wants them to do Agenda setting - usually the president has a major policy agenda (policies that he will push for) The president usually states his policies (makes his promises) while campaigning Two major types of agendas: Domestic - within the US Foreign - regarding other nations Term "bully pulpit" comes from Teddy Roosevelt's reference to the White House as a "bully pulpit" meaning that he could use it as a platform to promote his agenda President uses his bully pulpit as a means of communicating with the American people through the media coverage of presidential events Using the power of his office to exert pressure Examples of how a president uses a bully pulpit: Ronald Reagan began the practice of Saturday morning radio broadcast to speak about specific politics President Bill Clinton and President George W. Bush held town meetings to advocate it their positions on policies they support Presidents spoke to special interest groups that support the policies the president has announced

The legislative branch and checks on the executive branch

Congress must approve presidential appointments; it controls the budget; it can pass laws over the president's veto It can impeach and remove the president from office Congress can subpoena bureaucratic officials Congress can create legislation to limit the executive's power

Original jurisdiction

Courts that hear a case first, usually in a trial Determine the facts about a case More than 90 percent of court cases begin and end in the court of original jurisdiction Lawyers can sometimes appeal an adverse decision to a higher court for another decision

Appellate jurisdiction

Courts that hear cases brought to them on appeal from a lower court Appellate courts do not review the factual record, only the legal issues involved At the state level, the appellate process normally ends with the state's highest court of appeal, which is usually called the state supreme court Litigants may appeal decisions from a state high court only to the U.S. Supreme Court, and only if they meet certain conditions

Checks on the power of the federal courts

Federal judges can be impeached by congress Congress determines the number of judges Congress can amend the constitution - binds the court Can also enact federal law that regulated Congress approves the nominees

How is the judicial branch polarized?

Ideology Gender Race Ethnicity Religion - most justice right now are Catholic Patronage

What are solutions to the problems/realities identified by Arthur M. Schlesinger in The Imperial Presidency?

Implication of the authors argument - The perception of multiple crises has led to the growth of an executive branch that is undermining the separation of powers in the government Solution to imperial presidency - Congress insisting that it declare war prior to the use of international force Checks and balances - the president has too much power so there needs to be ways to limit his authority Comparison to Fed 70 - While Schlesinger views centralization of power in the presidency as dangerous, The Federalist 70 views it as vital to the presidency's effectiveness What is inferred Agencies create rules and enforce them - violate separation of powers Congress have a more active role in the rulemaking of agencies

The expansion of the executive branch since 1939 has affected the separation of powers by

Increasing presidential control over the legislative process

When a lower court decision is appealed to the Supreme Court, the most likely scenario

It would likely not go to the Supreme Court at all (unless four justices agree) - the Supreme Court would uphold the decision of the lower court Writ of certiorari - what the Supreme Court files to review a case

Judicial restraint

Judges adhere closely to precedent and play minimal policymaking roles, deferring to legislatures by upholding laws whenever possible Advocates that the courts uphold all acts and laws of Congress and legislatures unless they violate the constitution, honor stare decisis and conserve legal tradition These observers stress that the federal courts, composed of unelected judges, are the least democratic branch of government and question the qualifications of judges for making policy decisions and balancing interests Advocates of judicial restraint believe that decisions such as those on abortion and prayer in public schools go well beyond the "referee" role they say is appropriate for courts in a democracy. Originalists - accept the constitution's original meaning

Judicial activism

Judges are less deferential to elected officials and sometimes make bold policy decisions, even charting new constitutional ground Advocates of judicial activism emphasize that the courts may alleviate pressing needs—especially needs of those who are politically or economically weak—left unmet by the majoritarian political process Believe the constitution is a living document that needs to be interpreted with a modern lens (how the modern population views it) Ex. the 14th amendment grants equal rights to all Americans and now there is a special category of Americans (LGBTQ) who should also be protected Advocates of judicial restraint might agree but would want to create legislation to extend those rights to LGBTQ instead of just automatically assuming they were included in the original statements Evolutionists - the constitution should evolve with time

The idea that judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution is known as

Judicial activism

Stare decisis

Let the decision stand; decisions are based on precedents from previous cases Principle that allows previous decisions to guide courts' rulings on current cases, creates consistency When questions come before the court, the most recent similar case provides guidance

Executive agreements are evidence that

Modern presidents often try to avoid legislative checks and balances on their authority Presidents try to circumvent congress It does not require Senate approval, but may require congressional allocation of funds for implementation

Formal powers of the president

National security powers: Commander in chief; control armed forces Appoint/nominate ambassadors, with agreement of majority of the Senate Make/negotiate treaties Receive ambassadors of other nations, conferring diplomatic recognition Recognize nations Legislative powers: Present information on the state of the union to congress Recommend legislation to congress Convene both houses of congress Adjourn congress if they cannot agree Veto power (overrode by 2/3 in both houses) Administrative power: "Take care that laws be faithfully executed" Nominated officials as for provided by Congress and with a majority of the Senate Request written opinions of administrative officials Fill administrative vacancies during congressional recess Judicial powers: Grant reprieves and pardons Nominate federal judges, confirmed by a majority of the Senate

What is the primary role(s) of the OMB, FTC, FEC, SEC, and Council of Economic Advisors?

OMB - office of management and budget, creates the budget, budget oversight, score a budget FTC - federal trade commission, involved in any trade matter, tariff policies, trade imbalances FEC - federal election committee, oversight of elections, campaign and funding, review audits, only applies for federal elections SEC - financial sector regulations, securities and exchange committee Council of Economic Advisors - don't establish policy, act as a think take for executive branch, provide council from top economists

Which of the following is true about the pocket veto?

Pocket veto - a type of veto occurring when Congress adjourns within 10 days of submitting a bill to the president and the president simply lets the bill die by neither signing nor vetoing it It occurs when the President takes no action on a bill for ten days during which Congress is adjourned

Cabinet members often do not have a dominant influence on presidential decision-making because

Presidential goals often conflict with the institutional goals of individual cabinet-level agencies

What is true of nominees for federal judgeships?

Presidents could nominate judges, but they must be confirmed by a majority vote in the Senate Federal judges and justices are lifetime positions They may be removed only by conviction of impeachment, which has occurred a mere seven times in over two centuries Nominees usually have a legal background but its not required Nomination opposition: Presidents whose parties are in the minority in the Senate or who make a nomination at the end of their terms face a greatly increased probability of substantial opposition Presidents whose views are more distant from the norm in the Senate or who are appointing a person who might alter the balance on the Court are also likely to face additional opposition However, opponents of a nomination usually must be able to question a nominee's legal competence or ethics in order to defeat the nomination Most people do not consider opposition to a nominee's ideology a valid reason to vote against confirmation They are appointed for life by the president with the advice and consent of the senate Cannot be rejected for ideological beliefs Ideology usually aligns with the president

Precedent

Rulings of previous cases, used to guide the decision of a current case How similar cases have been decided in the past - established case law The way previous Supreme Courts have ruled in similar cases - a common ruling

When independent regulatory agencies make rules, enforce those rules, and adjudicate disputes arising under those rules, they risk violating the constitutional concept of

Separation of powers

Administrative Procedure Act

Sets forth procedural requirements for conducting rulemaking and ordering adjudications Adjudication - have an enforcement provision, make a formal judgement about a disputed matter Applies to a specific agency (NOT congress) Establishes the process by which rules are created

District court

The 91 federal courts of original jurisdiction (hold no appeals), the only federal courts in which trials are held and in which juries may be impaneled Jurisdiction: federal crimes; civil suits under federal law; civil suits between citizens of different states, or between a citizen and a foreign national, where the amount in question exceeds $75,000; supervision of bankruptcy proceedings; review of the actions of some federal administrative agencies; admiralty and maritime law cases; supervision of the naturalization of aliens

Which of the following is likely to occur as a result of new legislation regarding automobile safety?

The Department of Transportation will be given discretionary authority to create auto regulations

Examples of the process of bureaucratic rule making

The Department of Veterans Affairs rewrites its regulations regarding compensation and pensions into plain language that is easier for beneficiaries to understand Agencies can rewrite their own rules

In the process and structure of public policymaking, "iron triangles" refer to the

The Iron Triangle consists of interest groups, bureaucrats, and Congress Networks of congressional committees, bureaucratic agencies, and interest groups that strongly influence the policy process and enforcement

Cabinet departments differ from independent regulatory agencies in which ways?

The President can dismiss cabinet officers, but not commissioners of independent regulatory agencies Meyers v US - prohibited president from removing an officer that has had approval of Senate without consent More directly underneath the president

The framers of the Constitution designed which of the following to be LEAST responsive to public opinion

The courts

What is true of most federal judges appointed by the president?

They serve for life on good behavior unless impeached and convicted by Congress

Advantage that bureaucrats in federal government have over the President in the policymaking process

They usually have a continuity of service in the Executive branch that the President doesn't have

Presidents have had the most success in changing the direction of decisions of the federal judiciary by

Using the appointment process to select judges with philosophies similar to their own The senators must approve the judges in their states

A President attempting to influence Congress to pass a legislative program might employ all of the following strategies

Using the media to draw attention to the legislative program Assigning legislative liaisons to the executive office of the president to lobby legislators Exploiting a partisan minority for the president's party in both the house and the senate Reminding legislators of high popularity ratings for the president in public opinion polls EXCEPT - Denying campaign reelection funds to legislators who oppose the President's policy stand

Why did Hamilton argue for an energized executive?

Wanted the president to be able to respond immediately in crises No congressional hold ups

In recent presidential administrations, the principal staff for the President has been made up of members of

White House office Members of their own party

What is required for ratification of a treaty?

⅔ of the Senate