POLS 206 Unit 2 Exam Review
What are the four main bureaucratic "types"? How are they similar/different from one another? Examples of each?
*1.* Cabinet departments: biggest units of the executive branch, covering 15 areas of government's responsibility, broken down into subsidiary agencies (state, treasury, defense, interior, justice, agriculture, commerce, labor, health and human services, housing and urban development), created after changes in the economy, international relationships, or public expectations (ex: post ww2 created department of defense) (ex: FBI, National Park Service) *2.* Independent executive agencies: created by Congress, outside of the cabinet to ensure the pres can get swift and effective action, created to be closer to the pres and report directly to him (ex: NASA, CIA, EPA, selective service) *3.* Independent regulatory commissions: maintain independence from president and politicians, deal with complex economic or technical issues, Congress delegates to bureaucracy to avoid making unpopular decisions, run by a board of commissioners, nominated by the pres, confirmed by the Senate (ex: FED, Federal Reserve Board) *4.* Government corporations: semi-independent agencies, designed to serve public interest, produces goods/services that the private sector could do but would likely under produce, these goods/services are not profitable (ex: USPS, PBS, Federal Deposit Insurance Corporation(FDIS))
Why is agency capture problematic?
*Agency capture:* a term used to describe when an agency seems to operate for the benefit of those whom it is supposed to regulate -Government agencies established to regulate industries end up being influenced and controlled by the companies the agencies were supposed to regulate. The companies offer better jobs to a few of the agency workers to strive to make the companies happy in the dream of later gaining better jobs for themselves by working for the industry. -Agency capture benefits favored client groups at the expense of less organized and often less influential groups (ex: consumers) rather than designs them in accordance with some broader or more inclusive conception of the public interest. -Ex: FDA relies on businesses to govern themselves and has no power to fine for violations. -Ex: FEC depends on congress for funding money, but are supposed to be monitoring congress's actions in elections
Why would Congress ever delegate authority to the executive branch? Examples?
*Controversial issue: loathe to make unpopular decisions that could hurt re-election. *Technical issue: lack of policy expertise *Diffuse policy/benefits to constituents are low: Congress only wants to claim credit for good stuff, and they can't credit-claim for things that don't affect their constituencies *Examples:* 1. Financial crisis: the Troubled Asset Relief Program (2008) allowed the Treasury Secretary to purchase $700 billion of toxic assets 2. Line item veto: allowed president to strike out provisions in laws that he doesn't like without vetoing the entire legislation 3. Creation of executive bureaucracies: run by presidential appointees and increases power of the executive branch (e.g. DHS, VA, consumer financial protection bureau) 4. Budget and Accounting Act: gave pres proposal power, created OMB and gave pres increased bureaucratic resources -EPA: citizens have right to clean water/air -OSHA: all workers are entitled to a safe workplace -FDA: food and drugs should be safe
Who is a part of the Executive Office of the President? What are their duties? How are they selected?
*EOP:* The organizational structure in the executive branch that houses the president's most influential advisers and agencies. Composed of: -National security council: manages information and policy recommendations on national security, VP, secretary of state, secretary of treasury, secretary of defense, chief of staff, chairman of the joint chiefs of staff, national security assistant (honest broker to pres, does not require senate confirmation) -Office of management and budget: reviews budget requests of cabinet-level departments, director confirmed by Senate -Council of economic advisers: prepares economic report of the president, 3 members nominated by president and confirmed by Senate, project current and future economic trends, advise on monetary and fiscal policy
Describe the difference between fire-alarm oversight and police patrol oversight?
*Fire-alarm oversight: reactive, rules/regulations must be published in the Federal Register, interest groups alert the MC of the adverse agency decision *Police patrol oversight:* proactive, constantly monitoring the agency's actions -Congress usually does fire-alarm oversight. Interest groups will pull "fire alarms" and alert their MCs of the adverse agency decisions they find. -Whistle blowers, direct contact from constituents, and investigations by Congress's information-gathering agencies routinely raise alarms. Congress relying on fire alarms means that they work to tackle problems only after problems have occurred. Overhead democracy: The idea that the bureaucracy is controlled through the oversight of elected officials, who are chosen by the people, thus giving the populace control over the bureaucracy. Sunshine laws: Laws intended to keep the bureaucracy accountable to the people by requiring that agency meetings be open to the public Impoundment: The limited ability of the president to not spend money appropriated by Congress. (Can delay approved expenditures)
Describe the formal powers of the president. Examples? How are presidents constrained in their formal powers?
*Formal powers:* Presidential powers that are constitutional enumerated *Examples:* veto power, commander-in-chief, issues executive pardons, makes treaties, "takes care" that laws are faithfully executed, nominates justices to the Supreme Court, nominates cabinet members, gives State of Union address *Constraints:* -Separate institutions share powers (process of lawmaking, everyone is involved, ex: Obamacare) -Senate must confirm with a majority vote nominations to the SC or cabinet -Congress can override veto with 2/3 vote -Congress declares war -requires 2/3 vote of Senate to make treaties -states have the power to determine policy for themselves (10th amendment, federalism) Pocket veto: The veto resulting from a president taking no action, before Congress adjourns, on legislation that has passed Congress Unilateral powers: Presidential directives that carry the wight of law even though they have not been formally endorsed by Congress. Signing statements: Pronouncements of how the president intends to interpret and apply a law when he signs a bill into law
What are the characteristics of ideal-type bureaucracy? Why does the bureaucracy fail to conform to this ideal?
*Ideal-type bureaucracy:* What the bureaucracy is meant to do, but isn't really practical *Characteristics:* hierarchical control, division of labor and specialization, consistent use of abstract rules, meritocracy *Divergence from ideal:* Rarely do bureaucracies fit the ideal-type; there is a rigid set of rules and procedures in place that means they may make decisions that are inappropriate to your personal situation; many regulations are inconvenient and unnecessary (fishing license, permit to change lighting fixture, etc.) -There is so much red-tape in place *Five distinguishing characteristics of a bureaucracy* 1. Division of labor 2. Hierarchy 3. Formal rules 4. Maintenance of files and records 5. Professionalism Neutral competence: The idea that agencies should make decisions based on expertise rather than political considerations.
How was judicial review established?
*Judicial Review:* The ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional, or to review an administrative regulation for constituency with either a statute, a treaty, of the Constitution itself. -Resulted from Marbury v. Madison -If two laws conflict, Marshall wrote, the court bears responsibility for deciding which law applies in any given case.
What is the difference between majority, concurring, and dissenting opinion? What do they mean?
*Majority opinions:* 5 or more justices agree on both which side wins and the reason for the decision *Concurring opinions:* sometimes written by justices who agree with the result reached by the majority opinion, but not the reasoning behind it -If a majority of justices cannot agree on both the outcome and the reason, the case may be decided by a Plurality Opinion, in which a majority support the outcome, but lack the majority agreement on the reason may leave the meaning of the ruling unclear. *Dissenting opinions:* issues by justices in the minority, they disagree not only with the reasoning behind the Court's decision but also with the result -Dissenters don't always write dissenting opinions *Differences:* Majority opinion, most of the justices agree on the winner and why they are the winner Concurring opinion, justices agree with the winner, but not the reasoning why they won Dissenting opinion, justices disagree with both the winner and the reasoning why they won *Majority opinion writer* -Assigned in the majority, otherwise most senior member of the majority coalition. Important job: have to keep the majority coalition together (can't be too strong and divisive). But, the opinion can't be so weak that it doesn't establish precedent. The majority opinion writer circulates the draft. Bargaining and negotiation may take months, leading to concurring and dissenting opinions. -The case is completed when the majority opinion is signed by the majority of judges
What is the difference between the merit and the spoils system?
*Merit System:* A system of governing in which jobs are given based on relevant technical expertise and the ability to perform. Pendleton Act of 1883 allowed for the rise of the merit system after Garfield was assassinated by an office seeker *Spoils System:* A system of governing in which political positions and benefits are given to the fiends of the winner. Government jobs at all levels are rewards to people's loyalty to a politician or party, and results in large-scale turnovers when a change of administration occurs.
How is the federal judiciary system structured? What are the characteristics of the different court levels? How are justices appointed/fired? Length of term?
*Structure:* The federal judiciary is divided into 3 levels; 94 district courts, courts of appeals, and the Supreme Court. There is a dual structure, with both federal and state courts. *District Courts:* criminal (murder, theft, assault--punishment) and civil (wrongful death, personal injury, breanch of contract, divorce, custody--compensation) cases involving deferral law -Hear about 300k cases annually, where most cases begin and end. -nominations made based on norm of senatorial courtesy *Courts of Appeals:* 13 "circuits" (TX has 4-5 courts), for the defendants who lost their cases in District courts -Hear about 60k cases annually -appointments made on basis of partisanship *Supreme Court:* Final court of appeals, cases appealed from federal courts and state courts and deals with an issue of constitutionality, original jurisdiction on disputes between states -Hears about 100 cases annually, can reject to hear/decide which cases it wants to hear, <1% of petitions -All federal judges are nominated by the President, with advice and consent of the Senate -Only Congress can have a judge removed for a serious offense (bribery, extortion, treason), not for just misinterpreting a SC ruling. -Federal judges are appointed for life Federal judges have ignored SC rulings (such as in Brown v. Board of Education, which overturned the Plessy decision. The ruling was vague and allowed people to stall on integration)
Describe the different views of presidential leadership. How have presidents construed their broad constitutional provisions differently?
*Weak-executive model:* a model of the presidency in which the executive would have a limited term, would have no veto power, and would be allowed to exercise only the authority explicitly granted by Congress *Strong-executive model:* A model of the presidency in which the powers of the executive office are significant and independent from Congress *Restrictive View:* A view of pres power that argues that the president can exercise only those powers listed in the Constitution *Stewardship doctrine:* A view of pres power that states that the president is a steward of the people and should do anything the nation needs that is not prohibited by the Constitution *Prerogative view:* A view of presidential power, promoted by Abraham Lincoln, that argues that the president is required to preserve the Constitution and take actions to do so that otherwise might be unconstitutional -In the 19th century, presidents built unity and bipartisanship and avoided public addresses and inciting the masses. All policy was behind closed doors. In the 20th century, presidents claim the ambiguous clauses of the Constitution to gain more power. this is getting very long ahh *Dimensions to identify four types of presidents:* 1. Active-positive: want results, push for change in institutions, policies, and procedures 2. Active-negative: preoccupied with acquiring and maintaining power for its own sake 3. Passive-positive: want to be popular, loved, and admired 4. Passive-negative: characterized by a deep sense of civic virtues *Models of Presidency* Hierarchical model: A method of organizing the presidency that calls for clear lines of authority and that delegates responsibility from the president and through the chief of staff. Spokes-of-the-wheel model: A method of organizing the presidency that calls for the president to be the center of activity, with numerous advisers reporting directly to the president
Who is a part of the White House staff? What are their duties? How are they selected?
*White House Staff:* A section of the EOP that houses many of the most influential advisers to the president; key aids the pres sees daily Composed of: -chief of staff, congressional liasons, press secretary, national security assistant -none are confirmed by the Senate; usually selected by the president on the campaign trail -started with FDR at about 40 people, now has about 400 members. Had its height with Nixon at about 600 members. Duties: -Chief of staff: gatekeeper to the president, controls president's schedule and access, potential to isolate the pres, close adviser, hires and supervises WH staff. -Press secretary: holds press conferences, fields questions, runs damage control in crisis, tries to influence what the press writes about and to portray the admin in a positive light, always stays "on message"
What are the theories of bureaucratic behavior?
*William Niskanen (1971):* Reasoned that a bureaucrat's personal utility, or satisfaction, is tied to the budget of the agency he or she works for. Agencies with bigger budgets mean bigger and more important programs, and that means more power, prestige, and opportunities for advancement. bureaucracies = corporations run by rational entrepreneurs *Gordon Tullock (1965):* Bureaucrats maximize utility through career advancement, which is not necessarily achieved by increasing budgets. Rational bureaucrats maximize utility by highlighting their successes and trying to hide their failures. -These theories highlight the need for effective control of bureaucracy because without effective controls, bureaucrats will serve their own interests rather than the public interest. *Bounded rationality:* Herbert Simon's theory that humans are not utility maximizers as suggested in classical rational choice models. Humans satisfice (consider alternatives until finding one that is good enough to solve the problem at hand) rather than maximize.
US v. Texas
-Can the Obama administration shield 4 million undocumented immigrants from deportation? -Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) -Exectuive order allowed undocumented immigrants who are parents of a US citizen to receive a renewable 3-year work permit and exemption from deportation -Must not have been convicted of felony or misdemeanors -26 states, including TX, sued the US government -4-4 tie: lower court's injunction blocking the program remains in place
Fisher v. UT (Petitioner v. Respondent)
-Challenge to UT's affirmative action policy -Top 10% of HS graduating class is autoadmit. Outside of the top 10%, race is a factor in the holistic admissions process. -Fisher claimed the policy violates the EPC of the 14th amendment. -4-3 decision: Court affirmed admission policy that considers race a factor (Kagen recused herself)
In the news: Discuss the TX primary
-Choosing democratic/republican nominee for national and statewide officials (e.g. senator, house members, governor, TX state legislator, justice of peace) -Senator Ted Cruz is up for reelection. He has 4 republican challengers, and 3 democrats vying for the nomination -8 members of congress are retiring (6 R/2 D). This is due to strategic retirement. Most money is spent on these competitive open seat races -This year, turnout has surged. Compared to 2014, dem turnout increased 70% and republican turnout increased 20%
Describe the informal/inherent powers of the president. Examples? How/why did they evolve?
-In the 19th century, presidents were ceremonial heads of state. They didn't have much actual power and avoided public addresses and interactions with foreign nations. -20th century presidents have evolved presidential powers due to: *Individual leadership:* the "silences of the Constitution" (ambiguous clauses such as commander-in-chief clause and take-care clause) *Public expectations:* Unitary office (one member instead of 535, held accountable for large, diffuse outcomes, national constituency) *Congressional delegation of authority:* Congress gives up some of its power to the executive branch (usually for controversial issues or technical issues they lack expertise in)
Gill v. Whitford
-Republican lawmakers in Wisconsin drew district lines to maximize their number of seats. -Democrats argue that the district lines violate the 14th amendment EPC. By packing Democratic votes, their votes are wasted. -What is the standard for determining excessive partisan gerrymandering? -Expect decision this summer
In the news: Describe what happened with the "common sense coalition" proposal for immigration reform and the president's proposal
-The Senate rejected the proposal. The proposal would have provided a pathway to citizenship for 1.8 M DACA recipients. It also would have provided $25 B funding for border security. There would have been no changes to the legal immigration system. There were 54 votes in favor (46 democrats, 8 republicans) -The president's proposal (which included changes to the legal immigration system) had 39 votes in favor (3 democrats, 36 republicans)
In the news: Examine the results of the TX primary
-Voters: 1 M democrats, 1.5 M republicans -In the Senate, Cruz and O'Rourke were highly favorable -For governor, Gregg Abbott won the republican nomination. There is a runoff on the democratic side
Describe the contradictions of the president. Examples?
1. High expectations but few formal resources 2. Ordinary, but extraordinary 3. Listen, but lead 4. Most visible icon of his party, but supposed to be non-partisan -Some scholars of the presidency think the paradoxes associated with the office set the president up for failure
In the news: Describe the security clearance issue
30 white house staffers do not have full security clearances (such as Jared Kushner, pres's son in law and senior advisor) but they were given full access to sensitive materials Why though?? 1. Maybe the FBI is having difficulty clearing them due to unusual backgrounds. (many people in this WH have no government experience, extensive financial dealings, and foreign connections) 2. or somethin sketchy goin down ooo -The chief of staff, John Kelly, announced last week that 30 staffers will have downgraded security clearance
Explain the Take-care clause of the Constitution. What powers have arisen from this clause?
A clause of the Constitution that fives the President the power to "take-care" that laws are faithfully executed. The President oversees the bureaucracy and makes sure it is fulfilling its responsibilities -George Washington established precedents: *Executive privilege: President withholds info if it affects national security or ability to discharge official duties *Executive orders: authorize bureaucracy to take action; method to make legislation without other approval; mainly mundane (holidays, declare national emergencies/disasters), occasionally major (Louisiana Purchase, Emancipation Proclamation, Internment of Japanese) *Executive Agreements: Contract between countries, like treaties without 2/3 Senate vote, legislation will most likely follow these agreements and only require 51% (NAFTA, GATT)
Explain the Commander-in-chief clause of the Constitution. What does this enable the president to do?
A clause of the constitution for the President to be able to take action as the leader of the nation during events where it is needed, usually because of a act of foreign aggression. -Particularly catastrophic events cause the public the expect presidential responsiveness -Clause allows president to send troops unilaterally. Skillful presidents can use it to rally effect and recreate enhanced powers; Reagan (Grenada), Bush Sr. (Iraq), Clinton (Haiti) -Abraham Lincoln used CICC to become a "quasi-presidential-dictator". His actions were unconstitutional but necessary to save the Union. (martial law, suspended habeas corpus, spent $ that wasn't allocated, expanded army/navy
How does the Supreme Court arrive at its rulings? What are the theories of judicial decision-making?
After granted certiorari, the oral arguments of a case will be heard (each side has 30 minutes) -9 months of the year the SC will hear cases and in the Summer they will issue their judgments Conferences, every week Justices will meet to discuss the cases of the week. (Tues-Thurs, Oct-June) -These meetings are in complete secrecy, a preliminary vote will taken and in non-binding (just an initial poll), and a Majority opinion writer will be assigned (by most senior member of majority) when there are at least 5 people in agreement -This is an important job, they have to keep the coalition together, can't be too strong or decisive, but not too weak as to not establish a precedent -Writer will circulate drafts, bargain and negotiate terms of the opinions, occasionally causing disintegration of majority. The Supreme Court doesn't vote formally, but instead, whenever/if ever the opinion is signed by 5 justices, then it is passed -Getting a unanimous decision is very rare but preferable because it shows unity and deters challenges, Split decisions (5-4) show tentative decision making and implies they may be willing to hear future cases *Theories of judicial decision-making:* *Legal model:* the traditional model adopted from law school tradition, judges will set aside their own values and make decisions solely on legal criteria; evidence, the law, legal precedents, and the Constitution. -Kind of a "slot machine theory", where they compare the constitutional provision involved and the statute being challenged and find what the law says and report it *Legal Realist model:* judges are human and are subject to their personal values and ideologies, and those will affect their decisions -That judges must set aside conflicting principles and balance the law and precedent with their judgment about the effect their decision will have on society. *Attitudinal model:* judges are largely determined by their personal ideological and policy preferences and goals *Strategic model:* indicates that sincere voting doesn't always maximize utility, because justices cannot take action without help and support from other actors who will have competing preferences -Therefore, judges will have to act strategically to get the help they need, even casting votes that don't reflect their personal preferences
Describe the politics of agency creation. How does democratic politics contribute to bureaucratic problems?
All the choices about institutions and rules shape the outcomes, and all political actors know this. Instead of fighting over policy, they will fight over structure which determines policy. Bureaucrats have multiple goals stemming from our democratic system. It is not designed to be efficient. (political actors who have interests that antagonize each other) -Bureaucracy goals: Equality, transparency, responsiveness, accountability -Behind every agency is an advocacy group. It is preferred to have an efficient, autonomous agency that is insulated from political control. (ex: consumers advocate for consumer financial protection bureau) -Opponents don't want the agency created at all, but if they can't prevent it then they want to cripple or influence the agency (wall street bankers oppose CFPB) -Opposition can cripple the agency by placing it under a hostile department (CFPB under dept. of treasury limits what the agency can do). impose structural restriction on how the agency conducts itself, collection and reporting information, monitor agency operations, process of appeals
What are amicus curiae briefs? What is their significance?
Are filed by interest groups who would have a vested interest in the outcome of a case -These are not filed by litigants, but by "friends of the court, and makes an argument as to why the Court should hear the case They can provide an argument/cite authorities not found in the party briefs, provide important technical/background information not supplied by parties, can be helpful in assisting Justices to come to a decision -They can also be a nuisance, and a burden for the Court to have to sift through, providing little new information -Briefs can also isolate the minority opinion, because a well-organized interest group will weigh in on a case, but not be an accurate representation of all those the case will effect
In the news: Describe WH staffer Gary Cohn's resignation
Cohn disagreed with the president over tariffs on aluminum and steel. The president is expected to sign executive order imposing tariffs on aluminum (10%) and steel (25%). The pres says his authority stems from a 1960s law designed to protect domestic industries deemed vital to national security. -Canada is the leading supplier of aluminum and steel to the US, so the pres might grant exemptions for Mexico and Canada -The pres's position is at odds with republicans' free-trade ideology. There is a worry that tariffs will increase costs for businesses and consumers, may spark retaliation from US trading partners, trading partners may impose tariffs on US products. These are most likely products that the US has a comparative advantage on
What can presidents and Congress do to limit bureaucratic drift?
Controlling the bureaucracy and making it accountable requires two basic things: 1. Representatives and citizens need to be able to effectively monitor bureaucracy 2. Elected officials need a basic set of tools to influence bureaucracy Presidents: nomination power, executive orders, impoundment of expenditures, building appropriate structures and engage in police patrol oversight (proactive, requires politicians to vigorously exercise their oversight responsibilities, systematically monitoring bureaucracy to ensure it's acting in accordance with democratically expressed wishes, like a police officer patrols the streets) Congress: has the ultimate tools, legislation and the power of the purse, can create or destroy federal agencies and determine what programs and policies they administer
In the news: What's the sitch with the DACA recipients on March 5th?
DACA recipients would have been eligible for deportation on March 5th. Due to the federal district's ruling, the DHS must continue to process DACA renewals -This shows that executive orders are subject to judicial review. Federal judges in San Francisco can tell the president what he can and can't do
What is the rally-around-the-flag effect? Examples?
Explains the increased short-run popular support of the President during periods of international crisis or war. It occurs during events that are international, involve the US and particularly the president, specific, dramatic, and sharply focused *Mulellers's five categories:* 1. Sudden US military intervention (Korean war, bay of pigs invasion) 2. Major diplomatic actions (Truman doctrine) 3. Dramatic technological developments (sputnik) 4. US-Soviet summit meetings (potsdam conference) 5. Major military developments in ongoing wars (Tet offensive during Vietnam War)
What is the federal register? Why is it significant?
Federal register: Rules and regulations must be published in the Federal Register before being implemented -Interest groups can monitor the register and see what's coming up, they can pull "fire alarms" when something comes up that they are against
Why has presidential power grown?
Four basic factors explain the expansion of presidential power: 1. The energy associated with individual executives 2. Vague constitutional provisions that assertive presidents have used to broadly interpret their powers 3. Changing public expectations of the office 4. Congressional delegation of power and authority through law
What are Judgment of the Court decisions?
If there is a public upset in response to SC rulings, then a Constitutional amendment can be proposed and ratified to change the Constitution -Only happened a few times; Civil rights, Income tax, Suffrage, Poll taxes, 18 year-old vote Impeachment of justices can be carried out > Proposal requires 2/3 vote in the House and Senate or an application from 2/3 of the states. The ratification requires 3/4 of state legislatures and 3/4 of ratifying conventions. -Impeached in House, tried in Senate, this has never happened in the Supreme Court and only a few times among federal judges, still rare -If too many concurrences and dissents (no majority), then "Judgment of the Court" decisions take place. These decisions do not establish precedent.
What does an iron triangle consist of? Why is it problematic?
Iron triangle: mutually beneficial relationships between mcs, interest groups, and bureaucrats. -Can allow interest groups to dominate policy, may contribute to inflated budgets for bureaucracy, benefits narrow special interest -Bureaucrats give mcs information and help with constituent complaints/requests. mcs give bureaucrats bigger budgets and favorable legislation. advocacy interest groups give mcs campaign contributions and fire alarm oversight. -can contribute to inflated budgets for the bureaucracy, policy benefits narrow special interests ex: congress (funding to) bureaucracy (favorable regulation to) special interest group (electoral support to) congress
Define legislative veto
Measure that gives Congress the ability to reject an action or decision of the bureaucracy -Makes Congress a reactive body
Describe the current composition of the Supreme Court.
Most Liberal (Democratic) -Kagen -Sotomayor -Ginsburg -Breyer Most Conservative (Republican) -Gorsuch -Alito -Roberts -Thomas Swing vote -Kennedy
What is meant by the term marrying the natives?
Once appointed, even loyal officials tend to become agents of their departments or bureaus instead of the the president. -political appointees typically serve short terms and are often unfamiliar with the rules, programs, and political relationships of the organization they lead. -to avoid mistakes or to make positive achievements, they need the candid advice and cooperation or permanent civil servants, in return, they can offer effective advocacy of their agency's interests in the battles waged over programs and resources in Congress
How does the Supreme Court decide which cases to hear? What is the process?
Out of 700 petitions, only 100 cases are granted certiorari -Most commonly used power is to deny certiorari, means the SC agrees with lower court's decision, the status quo remains in effect, and the lower court's decision is affirmed "Rule of 4", to grant certiorari 4 supreme court justices must decide to hear the case (not a majority of the 9 total) -SC has total control over its docket, and they must be interested in the cases to grant them, most of the granted cases involve; a conflict between decisions of lower courts, will extend their policy agendas, or have interest group activity involved Certiorari process is strategic, justices look to the outcome of the case, anticipate what will happen if the Court hears it and decide cert. accordingly -Because they serve life-long terms, they know the preferences of other Justices. Jurisdiction: The types of cases a given court is permitted to hear Judicial Conference: A committee of district and appellate judges that reviews the needs of the federal judiciary and makes recommendations to Congress Collegial courts: Courts in which groups of judges decide cases based on a review of the record of the lower-court trial (courts of appeals) En banc: A procedure in which all the members of a US court of appeals hear and decide a case Writ of mandamus: A court order requiring a public official to perform an official duty over which he or she has no discretion Originalism: The idea that Supreme Court justices should interpret the Constitution in terms of the original intentions of the Framers. Living constitution: The theory that assumes the Constitution was meant to be a dynamic document whose meaning has to account for contemporary social and political context. Legislative interpretation: A ruling of the Supreme Court in which the Court interprets on the meaning and intent of statute passed by Congress. Congress can overturn a decision based on legislative interpretation by passing another law Constitutional interpretation: A ruling of the Supreme Court that declares a law unconstitutional based on the Court's interpretation of the Constitution. A constitutional interpretation cannot be overturned by a simple statute.
What are some examples of persuasion techniques? Why is it important for presidents to be persuasive?
Presidents barter and persuade important figures to support his actions. Different presidents have the same constitutional powers, but some are more effective than others because of their ability to persuade *Examples:* 1. Inside the beltway bargaining: bargaining with WDC insiders, negotiation and compromise, mutual accommodation and bargaining, don't use force, common among pres in 19th century and early 20th century (the Johnson "treatment", Reagan "the great communicator". Carter had poor IBB) IBB is less common than 30 years ago because of divided government and increased partisan polarization 2. Approval ratings: MCs wants to be seen cooperating with a popular president, and rebelling against an unpopular one. Ratings are time-dependent, start high then erode. Presidents are most productive during their "honeymoon" period. High approval ratings make it easier for the president to rally support for his initiatives (GWB approval rating after 911 was 90%+ and he was able to get key initiatives passed such as DHS, use of force in Iraq and Afghanistan, Patriot Act. Towards end of presidency, approval was at 30%, had to abandon more ambitious goals with immigration reform and social security reform) 3. Going public: actively cultivating the public's support through foreign trips, press conferences, rose-garden ceremonies. "going over their heads" and going straight to MC's constituents who have the power to reward/punish the member of congress. Used because of divided government/partisan polarization/easily accessible technology as communication. Going public offers no benefits for compliance and imposes costs for resistance, reduces opportunities for compromise, enhances presidential power opposed to congress's, can inspire factions/passion/trample minority rights. It is a risky strategy because it could mislead people, overexpose the issue, or the public could not respond when called to. -The key to legislative success is the number of co-partisans in Congress. Persuasion is important because presidents have little formal power to achieve anything on their own, they have to rely on others to carry out their will
What is red-tape? Examples?
Red-tape: the unnecessary rules and procedures of the bureaucracy -ex: required licenses to fish, permit to change lighting fixture
What does bureaucratic rule making and adjudication consist of?
Rule making: the process of deciding exactly what the laws passed by Congress mean and how they should be carried out; the single most important function performed by agencies. -One agency approves a rule, the rule applies to everyone within the agency's jurisdiction and has the force of law. -Adjudication is a process designed to establish whether a rule has been violated. (ex: the National Highway Traffic Safety Administration uses adjudication to judge whether a particular type of car violates safety regulations and should be removed) -The responsibilities or rule making and adjudication make the bureaucracy much like legislatures and court. It is a policy making institution charged with missions as varied, complex, and controversial as those of other institutions of government
What are the powers and limitations of the Supreme Court? What does it mean when it fails to exercise judicial review?
SC can deny certiorari, but the president and congress have ignored SC rulings. -The legislative veto was ruled unconstitutional but is still used. *Congress can write laws limiting SC (can alter the size and jurisdiction of the SC) *The president nominates justices whose ideology matches his own *The federal court system is decentralized *SC relies on thousands of lower courts to adhere to the precedent *Has very few mechanisms to control the lower courts, can't force them to adhere to a precedent, relying on good faith *SC can do a few things to deal with non-compliance: rebuke lower court judges, order the court to take the specified action, assign case to a different judge. SC does not hear most of the cases it receives. 7000 petitions, 100 cases granted certiorari. -When the Supreme Court refuses to grant certiorari, then they are essentially agreeing with the lower court's decision, ensuring the status quo remains in effect, and the lower court's decision is affirmed. Denying certiorari is the most frequently used power of the Supreme Court. SC has few mechanisms to control lower courts. It cannot force them to adhere to precedent because it has no enforcement power. *SC is counter-majoritarian* It works against majoritarian principles and is arguably the least democratic of the 3 branches. It operates in secrecy, its members are unelected and tenured for life. 5 people can overturn the work of representative bodies. *Limitations* -Dependent upon other actors to enforce its decisions. Hamilton: The court has neither force nor will, but merely judgment. -The president and Congress have ignored SC rulings. Congress can write laws limiting the SC. (Can alter size and jurisdiction) The president nominates justices whose ideology matches his own.
What does Precedent/Stare Decisis mean? What are some problems with precedent?
Stare Decisis: Let the decision stand; the policy of courts to abide by or adhere to principles established by decisions in earlier cases -Under stare decisis, once a court has answered a question, the same question in other cases must elicit the same response from the same court or lower courts in that jurisdiction The U.S. Supreme Court and the state supreme courts serve as precedential bodies, resolving conflicting interpretations of law or dealing with issues of first impression. Whatever these courts decide becomes judicial precedent. -Not always clear cut. *Problems with Precedent:* Michael Trotter blamed over-reliance by American lawyers on binding and persuasive authority, rather than the merits of the case at hand, as a major factor behind the escalation of legal costs during the 20th century.
Whole Women's Health v. Hellerstedt
Texas law requires that: -Doctors have admitting privileges in nearby hospitals -The facilities be equal to an outpatient surgical center Petitioners claimed that it would close 75% of state abortion providers 5-3 decision: law places substantial burden on women seeking abortions; unconstitutional
What are the qualifications to serve as a Supreme Court Justice? How are justices chosen to serve?
The Constitution is silent on the qualifications to serve as a Supreme Court justice, nor are there statutory qualifications -Justices don't even have to be US citizens, be a certain age, nor do they have to be lawyers The qualifications are left to the President's judgment, checked by the Senate *Chosen to serve:* All federal judges are nominated by the President with the advice and consent of the Senate All states have at least 1 federal district court, nominations are made based on the norm of senatorial courtesy -Because federal courts of appeals and SC don't coincide with state boundaries and are more important, appointments are made on the basis of partisanship.
In the news: Explain the Parkland shooting
The FBI admitted that they failed to follow up after receiving info in January about the shooter -The Parkland students have started rallying for gun control. Their main target is lawmakers who take money from the NRA. Most of NRA money is "outside spending," meaning they work to promote/defeat candidates without explicit coordination (soft money). Little goes to individual lawmakers. Proposed solutions to stop the violence: raising minimum age to 21, ban on semi-automatic rifles, armed teachers, waiting period, zero-tolerance policy, concealed carry, universal background checks It is unclear which policies are effective. The federal government does not fund evidence-based research on gun safety and violence prevention.
In the news: What was the SC decision on the pres's request to hear DACA case?
The SC said no way "denying certiorari," the district court decision remains in force -The SC did not indicate its position on DACA, all about procedure. The DHS must continue to renew DACA applications. The case will now go to the 9th circuit court of appeals, a liberal-leaning court. The process could take up to a year.
What are the constitutional powers of the vice-president?
The VP has the same qualifications for office as the president. The Constitution lists no formal executive powers or responsibilities. Some VPs have essentially been presidents-in-waiting, just to support the President; ceremonial -Dick Cheney: "history's most powerful vice president"
In the news: What about the democratic memo?
The democratic memo refutes republicans' claims that FBI/DOJ abused the FISA process. It argues that the FBI/DOJ only "narrowly" used the Steele dossier to make their case for surveillance of Page. It notes that all four judges on the FISA court who approved the surveillance were appointed by republican presidents -The underlying documents are highly classified, so the public has to rely on partisan memos to evaluate the veracity of the claims
In the news: Describe the DOJ indictments of 13 Russian nationals
The indictment alleges that Russia engaged in "information warfare against US." It alleges that the Russians used fake social media posting to stimulate Trump supporters into action. It is unlikely that the indictments will lead to custody or trial for Russians. It does indicate that the special counsel has evidence that could prove beyond reasonable doubt that the Russians interfered. -The pres attacked his own attorney general for failing to prosecute Obama, since Russian meddling took place while Obama was President
In the news: Explain the pres's meeting about gun control
The pres met with republicans and democrats about fun control. He endorsed expanded background checks, raising the minimum age to buy assault weapons to 21, and dealing with individuals with mental illness (proposed that government should confiscate guns from individuals deemed dangerous) -The NRA opposed these ideas. Republican members are split, but need "cover" from the pres -Walmart, Kroger and Dick's raised the minimum age to buy guns to 21
In the news: Explain the federal court's temporary ban on deporting DACA recipients
The president has appealed the decision to the SC. This is an unusual step because it would usually be heard in an appellate court first. This temporary ban gives Congress more time to reach a solution
