gov exam 2

Conflicting agendas

"True believers" in agency's mission may conflict if appointees' ideology is different

Incumbency advantage

a very high percentage of incumbents arereelected.

Privacy Act (1974)

access to agency files on oneself

Principal- agent problem

aconflict in priorities between an actor (Congress) and therepresentative authorized to act on the actor's behalf (thebureaucracy).

what does signing statements do?

act unilaterally through the use of signing statements point to sections of lawthat they believe are improper or unconstitutional

executive agreements

agreements between the president and another country that have the force of treaties but do not require the Senate's "advice and consent"

Sunshine laws

allow citizens to see when meetings are held

Office of Management and Budget

controls the federal budget and regulations

In deciding cases

courts apply statutes (laws) and legal precedents

Civil Service Reform Act of 1883

created a hiring system for bureaucracy based on merit

merit system

equires that appointees to positions in public bureaucracies be objectively qualified. • It helped end the "spoils system," which awarded jobs based on political connections.

Freedom of Information Act

get copies of agency info

circuit

has 6 to 28 permanent justices, and normally three of these judges hear each case

the U.S. Supreme Court

has been hesitant to judge presidential authority during wartime.

Congress

has the authority to change the Court's size -It has the right to make the final interpretation over the U.S. Constitution and statutory law, be it state or federal.

federal courts

have upheld presidential power in the realms offoreign policy, war and emergency powers, legislative power, andadministrative authority.

Constitutional Powers of the Presidency:Diplomatic Power

he president is the "head of state" and the country's chief representative in dealing with other nations. Makes treaties (but with the advice and consent of the Senate)• Can "recognize" other countries (acknowledges their legitimacy) Forges executive agreements

Incumbency

holding the political office for which one is running

Built-in safeguards

include the provision of more than one judge for the case of every appeal and the assignment of a Supreme Court justice to every circuit.

Congressional Elections, Part 2

incumbents' advantage in constituency services and ability to secure porkbarrel projects for the district opportunities to build a war chest of money being well liked and well known, which can intimidate challenger

Whistleblowers

insiders who report illegal or unethical behavior

In both criminal and civil matters

most cases are settled before trial through negotiated agreements between the parties involved

Independent regulatory commissions

rule-making bodies outside the executive department, usually headed by commissioners. • Commissions are supposed to be insulated from politics. • Examples: Federal Communications Commission (FCC), Consumer Financial Protection Bureau (CFPB)

head of state

the apolitical, unifying role of the president as symbolic representative of the whole country

In order to appeal

the appellant must show that the trial court made a legal error in its decision

executive privilege

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

Lawmaking

the creation of policy to address the problems and needsof the entire nation, including making laws that help keep the countryrunning.

Representation

the efforts by elected officials to look out for theinterests of those who elect them, including keeping electionpromises made to voters.

Speaker of the House

the leader of the majority party who serves as the presiding officer of the House of Representatives

head of government

the political role of the president as leader of apolitical party and chief arbiter of who gets what resources

implied powers

the powers necessary to allow presidents toexercise their expressed powers

Appointment powers

the president can appoint those loyal to them to head bureaucratic departments and agencies

When a case is appealed to a higher court

• Appeals courts do not hear witnesses .• New facts may not be introduced.

The Supreme Court

• Appointed by the president, confirmed by the Senate; not all appointments have been controversial or newsworthy • Justices serve during good behavior and are appointed for "life," not a term • Justices can be impeached

Avenues for citizens to control bureaucracies

• Citizen advisory councils, but typically people are biased toward the policy • Sunshine laws allow citizens to see when meetings are held • Freedom of Information Act - get copies of agency info • Privacy Act (1974) - access to agency files on oneself

"Certworthy" cases include those that involve

• Conflicting decisions by two or more state courts of last resort • Conflicting decisions by two or more circuit courts • Conflicting decisions by circuit courts and state courts of last resort • Decisions by the circuit court on matters of federal law that should be settled by the Supreme Court • Circuit court decisions that are at odds with a Supreme Court decision

Federal Agency Actions

• Congress inevitably delegates power to the president and the bureaucracy to implement and interpret laws. • A number of court decisions have dealt with the scope of this delegation of power. Courts have also had to decide whether regulations adopted by federal agencies are consistent with Congress's express or implied intent.

Law Clerks

• Federal judges employ law clerks who research legal issues and assist with the preparation of opinions. • Each Supreme Court justice is assigned four clerks. • ___________ help justices with advice in writing opinions and in deciding whether the Court should hear a case.

Constitutional Powers of the Presidency:: Legislative Power

Addresses Congress on the state of the union (Article II, Section 3) Broadly sets the country's public policy agenda; submits annual budgets to Congress Can veto (turn down) acts of Congress (Article I, Section 7)• Congress can override a presidential veto with a two-thirds majority in the House and Senate

Judicial review

Allows the court to determine the constitutionality of laws

New Processes In Congress: Unorthodox Lawmaking

Closed rules Multiple referrals: referring a bill to more than one committee• Ping-ponging: bills or amendments sent between houses without aconference committee Omnibus legislation for appropriations: money approved by Congress Especially omnibus appropriations bills: large bills that deal with a number of unrelated topics

broad rules

Chosen by Electoral College (modified by 12th Amendment)• Limited to two 4-year terms in office (22nd Amendment)• Natural-born citizen; resident for 14 years At least 35 years old• Vice president succeeds in event of death, disability, or resignation(20th and 25th Amendments)• Removal from office by House impeachment and Senate convictionfor "high crimes and misdemeanors"

Political appointees and the bureaucracy is consistent of

Conflicting agendas and conflicting timeframes ( Presidents often start new agency rather than change existing one)

Constitutional Powers of the Presidency:Expressed Powers, Part 1

Expressed powers: falls into several categories Military• Judicial• Diplomatic• Executive• Legislative Controls the entire defense establishment as the commander inchief

Judicial oversigh

Federal courts have the authority to judge the constitutionality of bureaucratic actions, settle disputes between Congress and executive agencies, and monitor the implementation of laws

Presidential Power: Limits

Four-year term limit Congress can:impeach and remove the president from office• reject presidential appointments and refuse to ratify treaties• deny funding to presidential programs override presidential vetoes

Creating the Presidency

Framers' desire for a limited executive because they just "got rid of" asking, some wanted a strong executive (almost like a monarchy) But, they did not really discuss the presidency much at the Constitutional Convention. No executive in Articles• George Washington was presiding officer of Constitutional Convention.

Constitutional Powers of the Presidency:Expressed Powers, Part 2

Heads the nationʼs intelligence network, including the CentralIntelligence Agency (CIA), National Security Council (NSC),National Security Agency (NSA), and Federal Bureau of investigation (FBI) Can deploy troops domestically during an emergency• Usually upon request of a state legislature or governor Also a matter of presidential discretion; the president can deploy troops if the president considers them necessary to maintain order or an essential national service, to enforce a federal judicial order, or to protect civil rights.

What is a bureaucracy?

Hierarchy: clear chain of command and responsibility Specialization: tasks divided by expertise Explicit rules: rules rather than preferences govern decisions; have standardization, predictability Merit: hiring based on exams and experience, not politics

Mayhew

Number one goal is reelection Advertising (making yourself seen, e.g. franking, ribbon-cutting ceremonies, speeches, interviews)• Credit claiming (particularistic policies, pork, casework, etc.)• Position taking (using role call votes and speeches to stake out a popular position more than to change policy)

suspension of the rules

One way of moving a piece of legislation to the top of the agenda in the House: debate on the bill is limited to forty minutes, amendments are not allowed, and the bill must pass by a two-thirds vote.

Citizen oversight

Ordinary citizens and journalists can file Freedom of Information Act (FOIA) requests

The Organization of Congress:Party Leadership in the House, Part 1

Party leadership is determined by the members of Congress through aparty election. called a conference by House Republicans and a caucus by House Democrats Speaker of the House: leader of the majority party and chiefpresiding officer of the House of Representatives has the most influence over the legislative process

Article II of Constitution

The executive power shall be vested in a President of the UnitedStates of America.

Delegating to the Bureaucracy

- Congress delegates significant policy-making responsibility to the bureaucracy

Supreme Court Criteria

--> The case must be a dispute not hypothetical --> a case must have a standing --> Can not be moot.

Why would Congress choose to give such discretion to unelected bureaucrats?

-The bureaucracy has more expertise than Congress. - The bureaucracy can be more flexible and responsive than Congress.

Federal court limitations

1. Courts must wait until a case is brought to them; they are "passive" players in the system. 2. Courts were traditionally limited in the kind of remedies they could provide those who won cases. 3. Courts lacked enforcement powers and had to rely on the executive branch or state agencies for enforcement. 4. Judges are appointed by the president and the Senate and thus somewhat reflect their agendas and goals. 5. Congress can change both the size and jurisdiction of the Supreme Court and other federal courts.

Supreme court justices

1.) John G. Roberts, Jr., Chief Justice of the United States 2.) Clarence Thomas, Associate Justice 3.) Samuel A. Alito, Jr., Associate Justice 4.) Sonia Sotomayor, Associate Justice 5.) Elena Kagan, Associate Justice 6.) Neil M. Gorsuch, Associate Justice 7.) Brett M. Kavanaugh, Associate Justice 8.) Amy Coney Barrett, Associate Justice 9.)Ketanji Brown Jackson, Associate Justice

2019 Size of the Bureaucracy

2.8 million civilian employees; 1.3 million military personnel • The ratio of federal employment to the total workforce has declined slightly over the past 60 years. • However, the number of state and local government employees has grown.

1968 size of Bureaucracy

3 million civilian employees; 3.6 million military personnel

jurisdiction

Cases involving federal laws, treaties with other nations, or the Constitution go to federal court. These areas are the official ________or sphere of power and authority—of the federalcourts.

Congress has authorized the appointment of

678 federal district judges across 94 federal district courts. • The busiest of these courts may have as many as 28 judges. • Only one judge is assigned to each case, with an exception for cases where a statute calls for a three-judge panel.

hold

A procedural practice in the Senate whereby a senator temporarily blocks the consideration of the bill or nomination.

Cloture

A procedure for terminating debate, especially filibusters, in the Senate.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Presidents may have goals related to both management and control of the bureaucracy. How do they achieve these goals?

Appoint powers, The executive office of the president, the appointment of specific " policy czars"

Conflicting time frames

Appointees have short-term outlooks, so civil servants can just wait until the appointee leaves office.

David Mayhew

Argues that both the committee system and partisan government developed organically to meet the needs of members of Congress.

political appointees (e.g., Cabinet secretaries)

At higher levels of government, jobs are still filled with

The Organization of Congress: Shaped by party

Building blocks of congressional organization• political parties• committee system• congressional staff• caucuses parliamentary rules of the House and Senate

What does the bureaucracy do?

Bureaucracy as administrator• Implement laws passed by Congress, or carrying out directives from other parts of government Bureaucracy as rule maker Congress relies on bureaucratic discretion because it wants to keep hands off of details. Congress only pays attention when a tragedy occurs Bureaucracy as judge• Interprets laws within department or agency

amicus curiae

Can enter a case even if the federal government is not a direct litigant by writing an

inspectors general

Congress created _______ in 1978, which are independent audit organizations located in most federal agencies

more on Mayhew

Congress is set up to get each other reelected It also increases polarization Can't control national trends, they are an "act of God

Nonenforcement of laws

Congress may make the law, but the president can ultimately decide on what enforcement will look like has given presidents more authority and allowed them to achieve policy results despite Congressional opposition to their agendas.

Size of the Bureaucracy

Contrary to popular assertions, bureaucracy has not grown significantly over the past 35 years

Types of Courts

Courts have been established by the federal government and state governments. More than 97 percent of all cases go to state court

trial cour

If a state case is brought to trial, it is heard in a state ________ the first court to hear a case.

court of appeals

If there is a guilty verdict, the defendant may appeal to a higher court, usually the state

The Organization of Congress:Party Leadership in the House, Part 2

Majority leader: elected by the majority party; second in leadership after the Speaker Minority leader: leader of the minority party Whip: coordinates the party's legislative strategy, builds support for the leadership's agenda, and counts votes

Key Characteristics of Bureaucracies

Mission-driven: Each department has its own mission statement. Expertise: Many who work in bureaucracies are policy experts in their area. Hierarchical structure: Bureaucracies function along clear lines of authority using standard operating procedures.

Federal District Courts

Most cases of original federal jurisdiction are handled by

Presidents going public

Nineteenth-century presidents were expected to refrain from speaking out in public in support of programs or policies, and it was considered inappropriate for them to campaign for themselves. Now, popular mobilization is part of the president's political arsenal. FDR believed that a direct connection with the people was important. made use of the radio with his famous "fireside chats"• innovator in the realm of press relations

presidents going public online

President Obama was the first president to make full use of the internet. During the 2016 presidential campaign, both Hillary Clinton and Donald Trump used Twitter to circumvent the media and reach citizens directly. The White House website keeps people informed of the president's policy agenda with regular video and blog-based updates. President Trump used Twitter to help drive his legislative initiatives as hebroadcasted his policy ideas directly to citizens.

Types of gerrymandering

Pro-incumbent gerrymandering• Partisan gerrymandering Racial gerrymandering: redistricting to enhance or reduce the chances that a racial or an ethnic group will elect members to the legislature

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

limitations to going pubic

Public opinion is fickle. Public approval declines during a president's term. Presidential performance rarely meets expectations.

20

Roughly __ percent of all lower-court cases are reviewed by federal appeals courts

privatization

Some of the decline in the size of the bureaucracy is because of

what does the white house do?

Staff provide the president with broad judgments and advice that are more political than the advice offered by the Cabinet departments or Executive Office of the President Staff are appointed directly by the president, without Senateapproval.

Appellate Jurisdiction

State court decisions can be appealed to a federal court by raising a federal issue. - The U.S. Supreme Court is not obligated to hear these appeals.

Supremacy Clause

The U.S. Supreme Court can review the constitutionality of state laws, based on the------- - states that laws passed by the national government and all treaties are the supreme law of land and superior to all laws adopted by any state or any subdivision -The Court has used judicial review to strike down state laws that violated rights or privileges guaranteed by the Constitution or federal statutes.

Constitutional Powers of the Presidency:Executive Power

The basis of presidential power comes from Article II, Section 3, which stipulates that the president must see that all laws are faithfully executed. Article II, Section II provides that the president will appoint and superviseall executive officers. Appointments for ambassadors, ministers, and federal judges requireSenate approval. Presidents can assert executive privilege as part of their broader executivepowers

Civil Law

The branch of law that deals with disputes that do not involve criminal penalties. • Plaintiff is the party that has been legally wronged • Defendant can be forced to testify • Standard: preponderance of evidence • Penalties: typically monetary

judicial review

The most significant of the court's powers - power of courts to review and, if necessary, declare laws or executive actions invalid or unconstitutional.

appellant

The party filing an appeal is known as an

inherent powers

The powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government.

establishing the presidency

The presidency was established by Article II of Constitution. The president's oath of office empowers the chief executive to "preserve, protect and defend the Constitution of the United States."• On the basis of Article II, presidents have three types of powers: expressed, implied,and delegated. A fourth type of power, inherent power, does not appear in Article II.

Constitutional Powers of the Presidency:Judicial Power

The president can grant pardons, reprieves, and amnesty on behalf of a particular person or a large group of people.• examples- President Ford famously pardoned Richard Nixon. President Andrew Johnson gave full amnesty to southerners after the Civil War. President Trump pardoned former Arizona sheriff Joe Arpaio.

Redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.

Who make up the cabinet?

The secretaries of the 15 executive departments, along with the vice president and the attorney general

Party Leadership in the Senate

The senator with the greatest seniority in the majority party is designated as the president pro tempore. The position is primarily ceremonial. The real power lies with the majority leader and the minority leader.• they control the Senate's calendar and the agenda for legislation.

the vice president

The vice presidency is a constitutional peculiarity that exists for two purposes only: to succeed the president in case of death, resignation, or incapacity to preside over the Senate and cast a tie-breaking vote when necessary The vice president's main value to the president is electoral:• The VP is often chosen to help the president win election b yproviding regional balance and possible ideological balance.

11

There are __ regional circuit courts, plus the D.C. circuit and the U.S. Court of Appeals for the Federal Circuit, including 179 court-of-appeals judges.

Independent agencies

These are not a part of executive departments but have independent authority to implement policy and design regulations -The president still appoints and directs the heads of these agencies - Have broad power to provide public services ( Examples: National Aeronautics and Space Administration (NASA), central intelligence Agency (CIA))

Congressional Elections, Part 1

Three major factors affect who gets elected:who runs for Congress parties cannot control who runs for theirnomination• the incumbency advantage• the redistricting process

final

Unless reviewed by the U.S. Supreme Court, all decisions from an appeals court are

excutive order

a rule or command that has the force of law given by the president

Internal oversight

Whistleblowers may report wrongdoing within federal agencies

requesting a writ of habeas corpus

a court order that the individualin custody be brought into court and shown the cause for detention• The court will then evaluate whether the cause is sufficient andmay order the release of a prisoner if it is found not to be.

Mootness

a criterion used to dismiss cases that no longer require a resolution. • If the issue has already been resolved, then there will be nothing to address.

writ of certiorari

a decision of at least four of the nine Supreme Court justices to review a lower-court decision.

regulatory capture

a form of government failure in which an agency becomes more concerned with serving interest groups and businesses than with regulating them

Plea bargain

a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing

Precedent

a prior case whose principles are used by judges as the basis for their decision in the present case - applied under the doctrine of stare decisis -This translates literally from Latin as "let the decision stand."

pocket veto

an automatic veto triggered if the president does not sign legislation passed during the last 10 days of a legislative session

White House Staff

analysts and advisers to the president, each ofwhom is often given the title "special assistant

signing statements

announcements made by the president when signing bills into law, often presenting the president's interpretation of the law

How to become a judge ( federal)

are nominated by the president and confirmed by theSenate• Senatorial courtesy is often invoked for lower- level courts

Inhearted powers

are not directly stated in the U.S. Constitution butare inferred from it stemming from the "rights, duties and obligations of the presidency."• often asserted during wartime and national emergencies

expressed powers

are the foundation for a second set of presidential powers

Commander in Chief

commander of the national military and the state National Guard units (when called into service)

Executive Office of the President (EOP)

is a major part of what isoften called the "institutional presidency.

Oversight

is the effort by Congress to exercise control over theactivities of executive agencies through hearings, investigations, andother techniques

The Cabinet

it includes the secretaries and chief administrators of the 15 major departments of federal government. Cabinet secretaries are appointed by the president with the consent of the Senate. The Cabinet has no constitutional status.• It meets but makes no decisions as a group. In addition to the Cabinet, there are a number of "independent"agencies that report directly to the president.

Who Are Bureaucrats?

members of the "civil service.

Judicial Elections

method of judicial selection in which the voters choose judicial candidates in a partisan or nonpartisan election

police patrol oversight

oversight involves regular or preemptive hearings.

Fire alarm

oversight is prompted by media attention or group complaints.

Inspectors General (IG)

political appointees who work within a government agency to ensure the integrity of public service by investigating allegations of misconduct by bureaucrats

Delegated powers:

powers assigned to one agency but exercised byanother agency with permission of first Congress has delegated legislative authority to the president andthe executive branch to execute its decisions and determine howgoals are achieved

chief justice

presides over the Court's public sessions

The Government Accountability Office (GAO), Congressional Research Service (CRS), and Congressional Budget Office (CBO

provide important information that can assist Congress in its oversight duties. Congress can also use the power of the purse to exert control over a bureaucracy through the annual appropriations process.

principle-agent problem

remains at the heart of bureaucratic control.

Original jurisdiction

s the authority to consider a case initially

Expressed powers:

specific powers granted to the president by theConstitution in Article II. T

supreme court

the highest court in the state. Supreme courts primarily serve an appellate function.

Hamdi v. Rumsfeld (2004)

the Court ruled that a captured U.S.-born Taliban soldier was entitled to a lawyer. • The Court therefore asserted that presidential actions were subject to judicial scrutiny. --> The Court has also heard cases unrelated to war powers, including finding that President Obama had acted unconstitutionally by making recess appointments to the National Labor Relations Board.

Reapportionment

the process of reassigning representation based on population, after every census

claiming denial of due process of law

the right of every individual against arbitrary action by national or state governments

solicitor general

the top government lawyer in all cases before the U.S. Supreme Court in which the government is a party—has great influence over the federal courts • Serves as the third-ranking official in the Justice Department • Screens cases before any agency of the federal government can appeal them to the Supreme Court

Senior Executive Service (SES)

the top management rank for career civil servants.

The appointment of specific policy czars

these are usually targeted at specific policy areas and these individuals are empowered to cut across agency lines.

Standing

they must have a substantial stake in the outcome of the case

the EOP is composed of what agencies

they perform specific management tasks for the president, including: Office of Management and Budget (OMB) Prepares the national budget, helps presidents define programs and objectives, audits executive branch agencies• National Security Council (NSC)

the first spouse

they play a ceremonial role and performs duties such as:• greeting foreign dignitaries visiting other countries attending important national ceremonies Some first spouses have been active on major policy issues

government corporation

this is a government agency that performs amarket-oriented public service and raises revenues to fund itsactivities.• Examples: Amtrak or the United States Postal Service

Citizen advisory council

typically people are biased toward the policy

Federal Bureaucracy: Location within theExecutive Branch

• In creating an agency, Congress has to decide where to locate the agency within the government and who will head the agency. • The president has more control over organizations within the executive branch and less over independent agencies. • Agencies can be headed by one person or by a multi-person board.

Why are supreme court justices nominated?

• Merit • Political ideology • Strict constructionism vs. judicial interpretivism • Reward • Representation

How to become a judge ( State)

• Method varies by state • Appointment • Non-partisan election • Partisan election

Lobbying for Access

• Some interest groups seek to persuade justices to listen to their problems. • Lawyers representing these groups try to choose the proper client and case so that the issues in question can be both dramatically and appropriately portrayed. • When possible, they bring cases in a district with a sympathetic judge. • One effective strategy for getting cases accepted for review is to develop a "pattern of cases." • They bring one type of suit to more than one circuit in the hope of inconsistent treatment.

Supreme Court

• The U.S. Supreme Court is the highest court in the nation. • Article III of the Constitution vests "the judicial power of the United States" in the Supreme Court.

Criminal Law

• The branch of law that regulates the conduct of individuals, defines crimes, and specifies punishments for criminal acts. • Government is always the plaintiff • Defendant cannot be forced to testify • Standard: guilty beyond a reasonable doubt • Penalties: fines, public service, imprisonment, death

The U.S. Constitution does not mention judicial review

• The power comes from Marbury v. Madison (1803). • In more than two centuries, the Court has declared fewer than 160 acts of Congress to be unconstitutional

Organization of the Executive Branch:Executive Departments

• There are 15 executive departments in the federal government.These 15 departments employ over 80 percent of the federal civilianworkforce.

Common law tradition

• We lack legal supremacy, and we lack a full scale statutory-law tradition. • Precedent • Adversarial system • We like to sue

Article III of the Constitution gives the Supreme Court original jurisdiction in limited variety of cases, including those

• between the United States and one of the 50 states • between two or more states • involving foreign ambassadors or other ministers • brought by one state against citizens of another state or against a foreign nation

Federal courts will also hear cases in which

• the U.S. government is a party in the case • a civil suit involves citizens of more than one state and more than $75,000 is at stake • However, this depends on the preference of the plaintiff, who can opt to pursue the case in state courts instead.