PO111 Midterm 2 Study Guide

Precedent

In addition to statutes, courts can apply the rulings from previous cases These are called legal precedent Stare decisis Latin for 'let the decision stand' Judicial doctrine that a previous decision by a court should apply the rulings in previous, similar cases until that decision is overruled Sometimes precedents can be overruled

borking

to attack or defeat (a nominee or candidate for public office) unfairly through an organized campaign of harsh public criticism or vilification In 1987, conservative judge Robert Bork endured such virulent criticism ... that to this day, a nominee sidelined by activists is said to have been "borked."

amicus curiae

"Friend of the court," an individual or group that is not a party to a lawsuit but has a strong interest in influencing the outcome.

Bureacracy in a Democracy

-Rule by desks Offices, tasks, rules and principles of organization that allow for coordination of personnel Hierarchical organization that employs a division of labor and specialization of functions Work is professional, formal, and impersonal The executive branch is a bureaucracy Specialization of functions Adherence to fixed rules Hierarchy of authority what do bureacrats do? Implementation Rulemaking Administrative adjudiction

White House Staff

-The analysts and advisers to the president, often given the title "special assistant." -composed mainly of analysts and advisers -Members of the White House tend to be more closely associated with the president than other executive branch officials -One generalization can be made: presidents have increasingly preferred the White House staff to the Cabinet as their means of managing the gigantic executive branch Analysts and advisors to the president to help him achieve policy goals, they're not an agency Post FDR: opportunities to centralize Key staff Chief of staff Press secretary Special assistants Senior advisors

Origins of the BOR

-The principles of civil rights and liberties presented in the Bill of Rights regulate collective action Civil liberties limit or restrict the collective actions that government can take: they define certain spheres of activity, such as speech or worship, in which the government's authority to interfere with individual conduct is limited Thus, generally speaking, civil liberties limit collective action by restricting the government's jurisdiction Civil rights, in contract, regulate collective action by establishing decision rules for government's conduct From the perspective of the framers, the portions of the Constitution designed to limit action were just as important as those designed to promote action -When adopted in 1791, the Bill of Rights was seen as guaranteeing a private sphere of personal liberty free from governmental restrictions In this sense, we could call the Bill of Rights a bill of liberties because the amendments focus on what government must not do Thus the BOR is a

McCubbins and Schwartz "Congressional Oversight Overlooked: Police Patrols and Fire Alarms"

-define two types of oversight: police patrols and fire alarms Police-patrol oversight implies that members of Congress are actively monitoring executive agencies The goal is to catch and punish enough violators so that the rest of the bureaucracy will be discouraged from straying too far from legislative intent However, Congress does not have the resources to monitor all agencies at once Fire-alarm monitoring is less active when compared to police patrols Instead, Congress sets up a series of rules and procedures that allows citizens and interest groups to keep executive agencies in check. McCubbins and Schwartz argue the fire-alarm method is more effective because, "Instead of sniffing for fires, Congress places fire-alarm boxes on street corners, builds neighborhood fire houses and sometimes dispatches its own hook-and-ladder in respond to an alarm."

Bureacratic Oversight - The President

-manager in chief -Before the fact controls (ex ante) Things the president can take to prevent bureaucratic slip, keeping policies close to the whit house and appointing people he wants Appointment of sympathetic agency heads Regulator review prior to rule enactment After the fact controls (ex post) Things the president can do after the fact because often times the president is dealing with a bureaucracy that isn't sympathetic to his positions Executive orders: can only be commanded to government officials, commands the president gives to the executive branch Changes in budget: can indirectly affect what an agency does through its budget Presidents can reduce the amount of funding given for particular activities Bureaucratic reorganization Changing people's positions, appointing people to certain positions Appointed positions filled in the first 7 months figure Measures how many appointments presidents did to agencies, organized from more liberal to more conservative agencies Bush, O

legislative initiative

-part of an inherent power The president's inherent power to bring a policy agenda before Congress Executive orders: rules or regulations issued by the president with the effect and status of legislative statute

What two things help to predict presidential approval? What implication does this have for the President himself?

1) party identification (this is the best indicator) 2) what's going on in the country (economy, scandals, etc) This means that the president has little control over his approval rating

The Second Amendment: Right to Bear Arms

18th century, when it was written, civilian militias were seen as a more democratic alternative to standing militaries, and better for freedom Anti federalists worried that establishing an army would cause state militias to suffer - the second amendment is designed to prevent The debate focuses on who the second amendment protects One side says the second amendment protects groups and their ability to arm themselves Another group says no the second amendment protects individuals: their ability to arm themselves This changes in DC v. Heller and McDonald v. Chicago, where the federal protection of the second amendment is extended to the states

overview of some amendments

1st amendment: respects the right to religion, free speech, freedom of press, freedom of assembly Most commonly associated with freedom of speech Exceptions: misleading, violent, hateful speech What counts as speech? Is that speech or action? If there are limitations of speech, what are they? The idea is not to silence hateful speech, but to create more speech 'As a nation we have chosen to protect even hateful speech on public issues to ensure that we do not stifle debate." - John Roberts Freedom of speech is not absolute Clear and present danger (Schenck, v. US) Slander, libel Commercial speech, etc

writ of certiorari

A formal request to have the Supreme Court review a decision of a lower court

amnesty

A pardon extended to a group of persons

National Security Council (NSC)

A presidential foreign policy advisory council made up of the president, the vice president, the secretary of state, the secretary of defense, and other officials invited by the president -it has its own staff of foreign policy specialists run by the assistant to the president for national security affairs

Making Foreign Policy - Interest Groups

AIPAC for Israel Irish lobbying group Human rights groups

Presidential Power without Persuasion

Appointments and regulatory review Office of Management and Budget reviews regulations and rules made by other agencies before they become policy Executive orders Executive decrees that set policy and instruct government officials Can be revoked/altered by future presidents Power can be checked by Congress and the courts Signing statements A statement made by the president when signing a bill into law Can only be made to government officials

Vice Presidency

According to the constitution, the VP exists for two purposes: to succeed the president in case of death, resignation, or incapacitation and to preside over the Senate, casting a tie breaking vote when necessary The main value of the VP is an electoral resource for the president Supposed to bring the support of at least one state

The Bill of Rights

Amendment 1 limits congress Amendments 2 3 and 4 limit the executive Amendments 4-8 restrict the judiciary Amendments 9 and 10 limit the national government They acknowledge that there are rights that aren't defined elsewhere in the bill of rights, those that are retained by the people and powers that are reserved for the states The BOR gives us some guidance, but the language here is kind of vague, meaning that we've dealt with some controversy over time In the actual running of the country and the confrontation of the ideals of the Bill of Rights, we run into some issues One of those issues: Dual Citizenship 1st amendment says ' congress shall make no law', specifically adresses Congress Fifth amendment says 'no person' shall be denied due process of law Early on in the nation's history, the natural question is: who is being restricted by the Bill of Rights? Barron v. Baltimore (1833) Confirmed the idea of dual citizenship The constitution's protection of the federal government doesn

Engaging the public

Ascertaining public opinion Polling Election results Direct communication Communicating with the public Direct appearance, can give appearances and speeches in particular places White House communications Media interaction, this has changed over time Presidents vary in their level of tolerance for media access in the white house Some presidents want journalists all the time to be present, others don't It used to be the case that unless the president was giving a direct appearance, he wasn't able to speak to a large number of the direct public quickly

3 types of law

Criminal law: disputes or actions involving criminal penalties (US v. Jones; Commonwealth of Massachusetts v. Smith) Burden of proof here that the state must prove is beyond a reasonable doubt Civil law A system of jurisprudence for settling disputes that do not involve criminal penalties Public law Cases that involve the action of public agencies and officials Includes administrative law

formal resources of presidential power

Cabinet and executive branch agencies, Vice President White house staff EOP Informal resources Party, public appeals, persuasion (many people view that the president's power is to persuade, to get people to do what he wants them to do, this varies by president)

Types of Federal Bureacratic Organizations

Cabinet departments such as the Department of Homeland security Independent agencies: agencies that provide public services that are too important or expensive to entrust private initiatives (like NASA) Government corporations: government agencies that operate more like business, like AMTRAK independent regulatory commissions: rule making bodies at least somewhat insulated from politics (such as the Federal Election Commission)

reprieve

Cancellation or postponement of a punishment

Balancing the ticket

Candidates' personal attributes always influence voters' decisions. The more important characteristics are race, ethnicity, religion, gender, geography, and social background. In general, voters presume that candidates with whom they share these attributes will likely have views close to their own. Moreover, they may be proud to see someone of their ethnic, religious, or geographic background in a position of leadership. This is why, for many years, politicians sought to "balance the ticket," making certain their party's ticket included members of as many important groups as possible.

Supreme Court Jurisdiction

Cases go to the supreme court if 1) cases between the United States and one of the states 2) cases between 2 or more states 3) cases involving foreign ambassadors or other ministers 4) cases with citizens of two different states or against a foreign country Rule of access: over the years, federal courts have developed rules about which cases they will and won't hear Thus, the court system is very much in control of its own agenda, which, according to the institution principle, gives it considerable independence to follow its member's preferences Both the Constitution and past Supreme Court jurisdictions define judicial power as extending only to 'cases and controversies' This means that a case before a court has to involve an actual controversy, not a hypothetical one These two together called 'ripeness' Those seeking to bring a case must also have standing, meaning they must shows that there's a substantial stake in the case's outcome The traditional way of showing this is showing tha

First Amendment / Freedom of Religion

Cases/ claims are organized by which part of the amendment is invoked Establishment clause: separation of church and state Free exercise clause: protect a citizen's right to believe and practice whatever religion she chooses

centralization and politicization

Centralization: moving authority towards yourself and politicization: can happen as a substitute or compliment to centralization, means putting people close to you that are in agreement with you, putting them in important policy roles

Judicial Appointments

Federal judges are nominated by the president, Senate must confirm Senatorial courtesy: before nominating a district court judge, the president finds out whether the home state senators support the nomination Since the 1950s, nominees have been questioned by the Senate judiciary committee Recent nominations have been intensely ideological Presidents have turned more and more to sitting federal appellate judges, who have proven records

Types of Agencies

Clientele agencies those executive departments and agencies like, for example, the Department of Agriculture, that serve and represent particular interests in society; other examples include the Departments of Interior, Labor, and Commerce -A department or bureau of government whose mission is to promote, serve, or represent a particular interest Agencies for maintenance of the Union in performing essential functions like securing governmental revenue and maintaining internal and external security, keep the government going; examples include the Departments of Treasury, State, Justice, and Defense Regulatory agencies act in order to set standards in a specific field of activity, or operations, in the private sector of the economy and then to enforce those standards. Regulatory agencies function outside direct executive supervision. Food and Drug Administration They're supposed to pass rules to make sure our food and drugs are safe OSHA -A department, bureau, or independent agency who

Making Foreign Policy-Congress

Constitutional power to declare war Approves presidential appointment Ratifies treaties Power of the pursue Power to regulate commerce with foreign nations Investigation and oversight

selective incorporation

Court ruled that the 14th amendment didn't apply the Bill of Rights to the States The government is basically letting states continue to put in practices that marginalize and antagonize former slaves This means that the Bill of Rights didn't extend to the states Instead, it requires that if rights will be applied to state governments, that will happen gradually on a case by case basis This happens from 1897 - present This process is called selective incorporation: the application of the liberties in the Bill of Rights, one by one, to state governments Doesn't happen till much later that they say the BOR applies to states

Judicial Independence

Courts serve the essential function of settling disputes, coordinating behavior, and interpreting law The most distinctive feature is its independence: separate from other branches and judges are appointed for life You can't change judges salary once their in office, they serve for life unless they commit a crime Often, independence gets confused with neutrality

pardon

Forgiveness of a crime and cancellation of relevant penalty

expressed diplomatic powers

Diplomatic Not in the constitution that he has the power to recognize other countries Head of state: appoint and receive ambassadors Make treaties: with advice and consent of the Senate

types of presidential power

Expressed powers: clearly defined in the constitution Delegated power: Congressional powers delegated to an executive branch agencies What this means is that a president's powers can also be altered by Congress Inherent powers: powers asserted/claimed by presidents but not expressed in the constitution Presidents often claim the inherent power to protect the country during wars and emergencies

presidential powers

Expressed(come from military, judicial, diplomatic, executive, and legislative): powers delegated to the federal government per the constitution example) sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors Delegated:Constitutional powers that are assigned to one branch of the government but exercised by another branch with the permission of the first Inherent: not written down, not delegated, but powers that the president has by virtue of being the president powers inherent in the president's power as chief of the executive branch

Federalist Papers #78

Federalist No. 78 discusses the power of judicial review. It argues that the federal courts have the job of determining whether acts of Congress are constitutional and what must be done if government is faced with the things that are done on the contrary of the Constitution. The discussion of the concerns on the judiciary is constructed around the three main points of Federalist 78, which include the appointing of the judges, their tenure, and the partition of the judiciary power. On what grounds does Hamilton argue that the judicial department of government is the least powerful branch? Hamilton says that it has practically no ability to impose on the Constitution. The judicial branch has neither force nor will, therefore it can only exercise judgement. In the course of making his arguments in Federalist #78, Hamilton notes that ". . . the judiciary is beyond comparison the weakest of the three departments of power. . ." and that as such it can "never attack with success either of the

What are the two ways that contemporary presidents have increased the administrative capabilities of their office?

First, they've sought to increase White House control over the federal bureaucracy Presidents have sought to increase their influence through bureaucratic appointments and regulatory review which is appointing loyal supporters to top jobs in the bureaucracy Through regulatory review, presidents have tried to control rule making by the agencies of the executive branch When congress enacts a statute, its implementation requires the promulgation of hundreds of rules by the agency charged with administering the law Second, they've expanded the role of executive orders and other instruments of direct presidential governance Together, these administrative strategies have given presidents the capacity to achieve their programmatic and policy goals even when they are unable to secure congressional approval, which is often the case with divided governments

Federalist 78 (Hamilton)

From federalist 78 is this articulation of one view of the judiciary, which is a widely held view that was popular at the time of the founding and is still popular now Some worried that the court would be too powerful, basically what Hamilton argues in the Federalist 78 is the following Don't worry about the court because it doesn't have the power of the purse, can't control budgets of other agencies, nor does it have the sword, it doesn't have any say in the military or enforcement powers, all the court can do is decide the cases that come to it, it's up to the other branches to enforce what it decides hamilton says that the judiciary has no ability to impose on the constitution

3 types of courts

Generally, there are 3 types of courts Trial courts: the first court to hear a criminal or civil case, they interpret law Appellate courts: a court that hears the appeals of trial court decisions, they determine error Did the previous court make an error of judgement Supreme court: the highest court in a state or the nation, which primarily hears cases on appeal (court of last resort) These are functionally different and hierarchically organized

competing ideas about the presidency

Impossible presidency: presidential power is too weak, impossible to exercise Imperial presidency is the competing idea that says the presidency has become too strong, and has superseded Congress as the prime actor of American politics Presidential paradox: both of these are true, the presidency is both too weak and too strong

Theories of Foreign Policy

Idealism: school of foreign policy thought that emphasizes the promotion of a nation's values and ideals This idea is that foreign policy is about sharing a nation's values, we conduct foreign policy to promote dearly held principles Realism: a competing school that places national security and economic interests above all other concerns Isolationism: the desire or policy to avoid involvement in the affairs of other nations Deterrence: the development of a nation's military capacity in order to discourage attack Appeasement: the idea of giving in to the demands of a hostile power in order to maintain short term stability Preemption: principle that permits a first strike attack in order to prevent an enemy from attacking

How do judges make decisions?

Judges are political actors Because judges have preferences about what governments should do, courts are fundamentally political This isn't necessarily a popular view Because judges bing their preferences to the case they decide, courts are fundamentally political Judges bring their own preferences, ideologies, and identifications to the bench Judges made decisions with important political outcomes Bush v. Gore (2000) Citizens United v. FEC (2010) King v. Sebelius (2012) and King v. Burwell (2015) Shelby county v. Holder The judiciary is a political institution They exist within a political system, therefore they're a political institution The power of the courts is checked by the powers of Congress and the president When courts and Congress disagree about the interpretation of a federal law, Congress can pass a new law When there is divided government, it is harder for Congress and the president to pass new laws in response to court decisions This makes the court more powerful

Delegation of Power by Congress

In theory, the delegation of power works as follows 1) Congress recognizes a problem, 2) Congress acknowledges that it has neither the time nor the expertise to deal with the problem and 3) Congress therefore sets the basic policies and then delegates the power to fill in the details to an executive agency

Fourteenth Amendment

It seems that the fourteenth amendment was designed to nationalize the Bill of Rights by nationalizing the definition of citizenship This means that civil liberties should not vary drastically from state to state In an important 1873 decision known as the Slaughter-House Cases, the Supreme Court determined that the federal government was under no obligation to protect the "privileges and immunities" of citizens of a particular state against arbitrary actions by that state's government Thus the Court held that the Civil Rights Act of 1875 was unconstitutional, and private individuals had the right to continue their discriminatory practices -The only expansion in civil liberties during the first 60 years after the adoption of the Fourteenth Amendment came in 1897, when the Supreme Court held that the amendment's due process clause did in fact prohibit states from taking property for a public use without just compensation

Courts as Political Institutions

Judges are central players in important political institutions, and this role makes them politicians We can think of courts and judges as before the fact coordination mechanisms in that the anticipation of legal consequences allows private parties to form rational expectations, acting as a deterrence for wrong action Legal rules and precedents thus provide both positive and negative behavioral incentives for various parties Courts and law coordinate private behavior by providing incentives and disincentives for specific actions, which can result in avoiding the use of courts altogether Interpreting rules is probably the most important action in which higher courts engage This is because the court system is hierarchical, higher courts' judgments constrain the discretion of judges in lower courts Judicial interpretation of statutes, even if conducted by the nation's higher court, is subject to review by Congress

The power of judicial review

Judicial review: the power of Congress to examine and if necessary, invalidate actions by the legislative and executive branches This is one of the most powerful expressions of the independent judiciary Some disagree with judicial review because the Constitution does not give the Supreme Court the authority to declare acts of Congress unconstitutional At the constitutional convention, they discussed if they should create a council composed of the president and the judiciary that would share veto power over legislation Dispute over the framer's intentions were settled in Marbury v. Madison of 1803 In this case, William Marbury sued Secretary of State James Madison for his failure to complete Marbury's appointment to lower judgeship, which had been initiated by the outgoing administration of president John Adams Chief justice John Marshall used the case to declare a portion of a law unconstitutional He states that although the Marbury's request was reasonable, the Court couldn't redress

judicial expressed powers

Judicial: president can alter outcomes for people who have committed a federal crime Reprieves: cancellation or postponement of punishment, your guilt is the same you just don't have to be incarcerated or pay the fine or whatever Pardon: legal forgiveness of a crime Amnesties: blanket of pardons that are extended to a group of people

Judicial decision making

Jurisprudence by a case by case basis Political science identified a number of factors that influence judges and play a role in decision making Institutions and rules: institutions that structure politics shape how judges decide things Judicial ideology Judicial activism: reading beyond the texts of the constitution and considering the broader social implications This is often used as an insult Judicial restraint: holding a set of beliefs that the court shouldn't go beyond the texts of the constitution when you interpret its rule Seen as a good feature for a judge to have Policy preferences: judges don't live in a vacuum, if they set a standard they also have to live with it Social factors This can include concerns about camaraderie with other judges, or how they'll be perceived by the legal community that they care about Legitimacy concerns Identity and background

inherent military powers

Military actions Only congress may declare war President regularly commits to military action War powers Resolution of 1973

expressed military powers

Military: commander in chief of the army and navy of the US, and of the militia of the several states, when called into the actual service of the US Highest military authority (above all members of the military) Head of intelligence network (CIA, NSA, FBI) Domestic Deploy federal troops to states

expressed powers (summary)

Military -Commander in chief Judicial -May grant reprieves -Diplomatic Make treaties -Executive Appoint ambassadors, judges, officers May require opinions from executive branch agencies -Legislative Give congress information, make recommendations Veto legislation

Problems with Bureaucratic Control

Motivation Bureaucrats try to maximize their budget Congress and the president might have difficulty distinguishing need and want Iron triangle: Relationship that forms between the congressional committees, bureaucracy, and interest groups, all actors want to protect their own self interests Principal agent problems Bureaucratic drift Coalition drift: To remedy principal agent problems, principals exercise oversight

moot

No longer requiring resolution by the courts, typically because the facts of the case have changed or been resolved by other means.

How Judges are Appointed

Nominees are typically politically active members of the legal profession President appoints these judges Prior experience as a judge isn't necessary In general, president want to appoint judges who possess legal experience and good character and whose partisan and ideological views are similar to their own The compilation of the Supreme Court judges and their political leanings generally go hand in hand with that of the president's The constitution requires the Senate to 'advise and consent' to federal judicial nominations, thus imposing an important check on the president's influence over the judiciary BEFORE the president formally nominates a candidate for a federal district judgeship, senators from the nominee's state must indicate that they support her This is senatorial courtesy Because the president's party in the Senate will rarely support a nominee opposed by a home senator from their ranks, these senators hold virtual veto power over appointments to the federal bench in their

Making Foreign Policy - the bureacracy

Numerous agencies exist to implement foreign policy Notably: diplomacy, which is mostly handled by the Department of State These agencies might conflict and compete Effective policy requires coordination

Supreme Court

Only court that is created by the constitution, all others are created by Congress Article III of the Constitution creates the Supreme Court By law, the SC has 8 associate justices and 1 chief justice Congress can change the size if it wants to The chief justice presides over the court's public sessions, gets to speak first during deliberations, and gets to vote last The constitution doesn't specify how many judges should be on the Supreme Court Supreme court procedure Request for review (writ of certiorari) Case must meet requirements of access (ripeness, standing, non mootness) Clerks read all requests for review, write and circulate a memo about each case Chief justice compiles 'discuss list' Any justice can request that a case be considered for a hearing Four justices must agree for a case to have oral argument One of the few instances where we don't need a majority If granted review, parties and possible friends of the court, file briefs Oral arguments Conference (preliminary vote

veto bargaining

President can use the the threat of a veto (and Congress' uncertainty of about what he will do) to get Congress to change legislation Presidents don't often veto legislation The reason for this is because Congress can often anticipate what the President will do If a president hasn't vetoed any legislation, some might say that's a weak president, but in reality there's a reason for it

Party as a Source of Power

President is the leader of their power This can be leveraged during unified government for implementing policies President coordinates co partisans in House and Senate to pass policy agenda Divided government: president must bargain with other party to reach compromises Different policies result, policymaking process looks different under divided and unified government Gridlock is common: the positioning of interests in important positions in the House and Senate are done in a way that moving policy towards the status quo is really difficult

The president and the public

Presidents are very concerned with their approval ratings Every president since Kennedy has had their own polling committees/ groups President and the public Expectations are high and sometimes contradictory Obtain and maintain diffuse and specific support Diffuse support = general approval of the president and how he's doing his job (popularity) Specific support = this refers to an individual policy or a specific action May want to lead or change public opinion Reelection Legacy Policy change

Appointment Politics

Presidents attempt to appoint someone who is highly qualified and shares their political preferences / ideology Opponents try to defeat nominees who do not share their preferences Unlimited terms make judicial appointments more significant than other executive appointments Opposing a nominee just because of their views: corking -Presidents typically choose younger nominees

Defining Bureacracy

Rule by desks Offices, tasks, rules and principles of organization that allow for coordination of personnel Hierarchical organization that employs a division of labor and specialization of functions Work is professional, formal, and impersonal

expressed legislative powers

State of the Union speech: opportunity for the President to present an agenda to Congress Veto Pocket veto: the president gets the bill, puts it in his pocket, and ignores it If 10 days expire and he does nothing, the bill automatically becomes law if congress is in session If Congress is not in session and the president does nothing, it is automatically vetoed This was a bigger deal when Congress wasn't full time Line item veto: bill comes to the president, he goes through and says this looks great except x y z

Bureacratic Reform

Termination Difficult to do, especially with clientele agencies Deregulation A more incremental approach to downsizing, reducing the number of regulations that they create and act upon and enforce Devolution Removing a program from one part of a hierarchy and putting it at a lower level hierarchy Privatization Taking an organization out of the private sector and putting it into the public sector Some services are privatized more easily than others

commercial speech

The First Amendment and Freedom of Speech and the Press Commercial speech, such as newspaper or television advertising, does not have full First Amendment protection because it cannot be considered political speech Initially considered to be entirely outside the protection of the First Amendment, commercial speech made gains during the twentieth century. Some commercial speech is still unprotected and therefore regulated. For example, regulation of false and misleading advertising by the Federal Trade Commission is a well-established power of the federal government. The Supreme Court long ago approved the constitutionality of laws prohibiting the electronic media from carrying cigarette advertising this is basically just the idea that the freedom of speech is not absolute

executive privilege

The claim that confidential communications between a president and close advisers should not be revealed without the president's consent

Constraints to Judicial Power

The constitution Laws passed by Congress Common law Legal precedents Judicial process and procedures The key point is that judges can't just make whatever decisions they want, they're constrained by these processes

executive orders

The constitution doesn't grant the President the power to issue executive orders, this is something that the president gave themselves rules or regulations issued by the president with the effect and status of legislative statute Contemporary presidents have enhanced their power to govern unilaterally through the use of executive orders and other forms of presidential decrees including executive agreements, national security findings and directives, proclamations, reorganization plans and others Probably the most prominent example of unilateral action

Federal Courts

The constitution establishes the federal courts as a separate branch of government from Congress and the president Authority among the courts is hierarchical Federal courts can overturn state courts, and the US supreme court is the ultimate authority The Supreme Court and other federal courts of appeals can strike down actions of Congress, the president, or the states if judges deem those acts to be violations of the constitution This is the power of judicial review Federal judges are appointed for life They don't have to run for reelection and don't need to be highly responsive to changes in public opinion Federal courts lack Congress's power of the purse, which is the president's ability to move troops or other entities of the executive branch to act, and the bureaucracy's power to police Courts are also passive meaning they must wait for people to file lawsuits in order to make decisions or issue decrees The real power of the courts emanates from society's trust in their ability to

Advocates of president powers have 3 arguments for deferring to the white house

The first, is that executive power is needed to deal with emergencies and to ensure the nation's security A second argument in favor of expanded presidential power is that the president champions the national interest as opposed to particularistic interested defended by members of Congress, party politicians, bureaucrats, and most other political actors Third argument in support of enhanced presidential power is the contention that the presidency is a more democratic institution than Congress

Foreign Policy

The foreign policy includes the programs and policies that determine America's relations with other nations and foreign entities The nation's chief froreign policy actors are The president Congress The bureaucracy Foreign policy can include diplomacy, military actions, human rights policy, economic policy, and more Foreign policy goals 1) Promoting domestic and international security This is the most important goal of America's foreign policy, this includes physical security as well as the food supply, infrastructure, etc 2) Increasing economic prosperity 3) Humanitarianism Environmental, human rights concerns, any policy designed around improving the lives of people in other countries

New Deal Era

The key moment in the history of American national government came during FDR's administration The policies proposed by Roosevelt and adopted by Congress during this short time so changed the size and character of the national government that they constitute a moment in American history equivalent to the Founding or the Civil War Many of the New Deal programs were extensions of the traditional national government approach, which we described in Chapter 3 The New Deal championed types of policies never tried on a large scale, the federal government began intervening in economic life in ways that been saved for the states For example, during the Great Depression the Roosevelt administration created the Works Progress Administration, seeking to put able bodies Americans back to work The federal government became the nation's largest employer at this time The new programs were such drastic departures from the traditional policies of the national government that their constitutionality was

Nationalizing the Bill of Rights

The pace in which rights were incorporated picked up post WWII Pre-1961, only parts of the first amendment are fully incorporated Post 1961 Mapp v Ohio: ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies not only to the U.S. federal government, but also to the U.S. states Incorporate the right to counsel: Gideon v. Wainwright Incorporates the right to remain silent: Miranda v. Arizona (1966) Some parts of the Bill of Rights are still not incorporated For the most part, major rights aren't incorporated until the 1960s "rights revolution"

Executive office of the president

The permanent agencies that perform defined management tasks for the president; created in 1939, it is made up of the Office of Management and Budget, the Council of Economic Advisers, the National Security Council, and other agencies. Created in 1939, the EOP is a major part of what is called the institutional presidency, the permanent agencies that perform defined management tasks for the president Most important EOP agency is the office of management and budget Somewhere between 1,500 and 2,000 highly specialized staffers work for EOP agencies Permanent agencies that help manage the executive branch Office of Management of Budget (OMB) prepares the budget, oversees regulation, reports on executive agencies Council of economic advisers (CEA): assists president with economic policy, analyzes economic trends National Security Council (NSC): assist with national security and intelligence

what section of the constitution established the presidency?

The presidency was established by Article II of the constitution Some framers wanted the president to be selected by, and thus responsible to Congress Others preferred that the president be directly elected by the people Some framers favored a multi headed executive, however most hoped the president would be capable of taking quick and decisive action; they thought a unitary executive would be more energetic than some form of collective leadership

National Convention System

The presidency was strengthened somewhat in the 1830s with the introduction of the national convention system of nominating presidential candidates Until then, candidates had been nominated by their party's congressional delegated The conventional system was seen as a victory for democracy over the congressional elite, giving the presidency a base of power independent of Congress

Asserting Inherent Powers

The president claims it, and then says 'come at me, if i don't have it, prove it' People typically don't challenge these Prime example of this is military action Only Congress can declare war President regularly commits to military action Congress gets really done with this after the Vietnam and Korean war, and in 1973 Congress passes the War Powers Resolution Since the president hadn't used the congressional declaration to go to war in Korea or Vietnam, Congress passed this act saying the president needed to ask Congress for permission to go to war Congress takes back a little bit of their power Never actually been used, not actually that effective

going public as a source of power

The president is in a unique position to command the public's attention Speeches, public appearances, national addresses can enable president to affect national policy agenda The state of the Union: annual speech before both chambers of Congress

expressed executive power

The president sees that all laws are faithfully executed President appoints, removes, and supervises executive officers Appointments: cabinet officers, judges, ambassadors, high level administrators Theory of the unitary executive: presidents assert full control over the executive branch Implication: congress has little control over the bureaucracy Disputed by Congress (and legal scholars) Weakens SOP

The President and Policy

The president's powers and institutional resources, taken together, give the cheif executive a substantial voice in the nation's policy making processes Presidents cannot introduce legislation, only members of Congress can formally propose new programs and policies However, presidents often do send proposals to Congress, which in turns refers them to the committee with relevant jurisdiction

Public Impact on President's Actions

The public can also impact the president Public appeals are made when public is on the president's side Pandering: when a president does something based on public opinion, even when they know it's wrong Not all public appeals are pandering Conditional Pandering Theory by Canes-Wrone President pander under very limited circumstances 1) popularity is marginal and 2) facing re election Less pandering during second terms instead of first terms

ripeness

The requirement that a case must involve an actual controversy between two parties, not a hypothetical one

standing

The requirement that anyone initiating a court case must show a substantial stake in the outcome

The Cabinet

The secretaries and directors of the major departments of the federal government Initially served as advisers As soon as these agencies got some power, they are now supervising huge federal agencies, they're no longer advisor Appointments themselves are politically important The cabinet is the traditional but informal designation for the heads of the major departments of the executive branch The cabinet has only a limited constitutional status In contrast to the UK and many other parliamentary countries, where the cabinet is the government, the American cabinet isn't a collective body It meets as a group but doesn't make decisions as a group Each appointment must be approved by the Senate, but cabinet members are not responsible to the Senate or to Congress at large Cabinet appointments help build party and popular support, but the Cabinet is not a party organ It is made up of directors but is not a true board of directors Not always very powerful, but it does serve an important role

Federal Jurisdiction

alized courts with nationwide original jurisdiction in certain types of cases These include the US Court of International Trade, which addresses trade and customs issues, and the US court of federal claims, which handles damage suits against the United States Article III was designed to protect judges from political pressure by granting them life tenure and prohibiting reduction of their salaries while they serve Defendants who have been convicted of a criminal charge in a state court may request a writ of habeas corpus from a federal district court This is a court order to the authorities to show cause of the incarceration of a prisoner

Criticism of Perceived Abdication

There was the critique that Congress was doing the work of the executive branch, and that they had abdicated responsibility to bureaucrats The reading for this class, McCubbins and Schwartz "Congressional Oversight Overlooked: Police Patrols and Fire Alarms," talks about how people expect Congress to act in a police patrol way, when in reality they act in a fire alarm way Police patrol drive around looking for instances of violations of the law, and part of the model si that if you have frequent controlling it wil deter wrong actions Fire alarm model is where if you just have fire trucks driving around all the time looking for fires, that's going to be a problem because time is important when there's fire and you want to deploy resources as quickly as possible This model waits for alerts and waits for issues, and this is the model that Congress uses They wait for something bad to happen, and a person pulls an alarm, raises the salience of that agency, and THEN Congress exercises its ov

bureacratic drift

one of the problems with bureacratic control Bureaucrats' tendency to implement policies in a way that favors their own political objectives rather than following the original intentions of the legislation

Federal Trial Courts

These are trial courts of general jurisdiction, and their cases are in form, indistinguishable from cases in state trial courts 89 district courts in the 50 states District judges are appointed by the president and confirmed by the Senate The procedures for these states are essentially the same as those of the lower state courts, except federal procedural requirements tend to be stricter States don't have to provide a grand jury or a 12 member trial jury, federal courts however must provide both Cases here are handled by several specialized courts, including the US Tax Court, the Federal Claims Court, and the Court of International Trade

Criteria of a lawsuit

To file a case a few criteria must be met Involve an actual case or controversy, not a hypothetical (ripeness) Be initiated by someone with a stake in the case's outcome (standing) Can't file a suit on someone else's behalf, must be the person actually injured This comes up a lot with cases involving disabled people, or children, who has the right to file on their behalf? Not already be resolved or no longer requiring solution (non moot)

liberties

protections from improper government action

Veto Powers

Veto The president's constitutional power to reject acts of Congress. pocket veto A veto that occurs when Congress adjourns during the 10 days a president has to approve a bill and the president takes no action on it. line-item veto The power of the president to veto specific provisions (lines) of a bill passed by the legislature (declared unconstitutional by the Supreme Court in 1998)

Bureacratic Oversight - Congress

We typically associate this with every organization's second duty, them having oversight over the relative executive agencies This can happen a number of ways Hearings, investigations, casework, etc to exercise control over activities of executive agencies The most effective mechanism for ex post control is often budgeting How much money they have to do the stuff they want to do When we talk about the motivations of bureaucrats, one of the things they want is to maximize their budgets because of the prestige and power that comes with more resources Thus the person who holds the pursestrings is going to be important to these bureaucrats That's why congress is so important, it can control these budgets

War Powers Resolution of 1973

a federal law intended to check the president's power to commit the United States to an armed conflict without the consent of the U.S. Congress The constitution gives Congress the power to declare war this reasserted Congress's power to declare war, required the president to inform Congress of any planned military campaign, and stipulated that forces must be withdrawn within 60 days in the absence of a specific congressional authorization for their continued deployment President have generally ignored the war powers resolution, however, claiming that the mobilization of troops fall under their inherent executive power to defend the nation A 1973 resolution by Congress declaring that the president can send troops into action abroad only if Congress authorizes the action or if U.S. troops are already under attack or seriously threatened

death penalty/capital punishment

the 8th amendment Prohibits excessive bail, excessive fines, and cruel and unusual punishment The Supreme Court has ruled that the excessive fines clause applies to states What's difficult about this provision is that cruel and unusual punishment can vary from person to person and their beliefs Debate about the death penalty remains Death penalty opponents argue that the death penalty has not been proven as a deterrent to crime It's also expensive

politics

conflict over group membership

Camreon Charles - Veto Bargaining

fill this in from notes

rights

legal or moral claims individuals may make on government Rights are a complicated concept that people spend a lot of time on, they're an internal complex concept and have all sorts of implications on our society

Wildavsky "The Two Presidencies"

main point: There are two presidencies: domestic and foreign policy summary Dual Presidency Theory is based on the principle that there are two versions of the American President: one who is concerned with domestic policy and one concerned with foreign policy Presidents would prefer to focus foremost on foreign policy because they have more success in influencing foreign policy than they do with domestic policy Wildavsky argues that presidents have assumed a more active role with regards to foreign policy because they are able to act more quickly than the United States Congress when pursuing foreign policy. Also, a lack of interest groups active in foreign policy allow the president more discretion when making a decision. However, since Wildavsky's time, the domestic impact of foreign policy has become more pronounced and important, blurring the lines between foreign and domestic affairs. Politics no longer stop at the waters edge because Congress receives more reliable informatio

rule of four

the rule that certiorari will be granted for petitions to the Supreme Court only if at least four justices vote in favor of the petition