Gov Exam 3

Bureaucratic structures / unit types

- cabinet departments - gov of corporations - independent agencies - independent regulatory commissions or boards - bureaus

Characteristics of presidential system

- citizens vote directly for chief exec. - executive designates cabinet - divided government - shut downs .. due to GRIDLOCK

Characteristics of Parliamentary system

- no direct vote 4 chief exec. - legislators choose prime minister - prime minister chooses cabinet

Patronage/Spoils System

Connections you have to get hired (kinda)

4 kinds of policy making

Discretionary implementation: How and when policies apply agency adjudication: Adjudicate (hear & decide) ALJ only rule making: filling gaps left by policy makers advisory roles: "net nuetrality battle"

White House staff

Group of ppl , the president relies to organize schedules president selects them individual ; senate approval not needed

Gov. Corporations

Hybrids ; 3 dozen EX. = PBS, USPS

Senate leadership (in order from greatest amount of power to least)

Presiding officer, president pro tempore, majority and minority party leaders, majority and minority party whips

writ of certiorari

Process of requests for review , discussing list in conference , the docket

Functions of congress

Representation- peoples voices to gov Oversight - legislature reviews activities of exec. agencies for implementing laws education - informing citizenry abt affairs of gov. lawmaking - forming laws

Appellate Jurisdiction

Review the record from lower level courts - happens in appellate courts

James David Barber

Scholar who became famous for this type of analysis that brought a bit of scientific approach to defining a presidents character

House leadership (in order from greatest amount of power to least)

Speaker, majority party leader, minority party leader, majority and minority party whip

Congressional Committees

Standing, Select, Joint, Conference

2. Both text and lecture identified two major arrangements of legislative-executive relationship. While the U.S. uses a 'presidential' system, most representative democracies use the alternative, known as a "parliamentary" system. Which of the following is NOT a characteristic of the typical parliamentary arrangement?

The executive and legislative branches are highly separated

advantages and disadvantages of parliamentary system

advantages: very fast; no blame gale disadvantages: too fast; minority's are outvoted

Bureaucracy definitions

all processes, organized, and individuals associated with carrying out laws and other rules adopted or issues by legislature, executive, and the courts

tools for education

elections and campaigns, committee hearing, gov. publications, floor debates

Informal powers of president

exec power - CEO of fed bureaucracy; issue exec orders legislative role - signing statements ; power to persuade commander in chief - congressional delegation chief of state - executive agreements

Original jurisdiction

first ones to hear the case, initial arguments and factual evidence - happens in trial / district courts

Cabinet

heads of exec departments appointed by president ; confirmed by senate

Active positive

high self esteem; enjoys activity; values productivity; flexible

Stewardship theory

unless strictly forbidden, and is necessary and proper, then should be carried out (Roosevelt)

30. Courts with — jurisdiction have the power to review the process of cases heard in a lower-level court. The U.S. supreme court (usually) and the U.S. courts of appeals are courts with this kind of responsibility Original Certiori Appellate Activist

C. Appellate

7. And which of these approaches to executive power did president trump adopt? a. Literalist b. Stewardship c. Prerogative

C. Prerogative

24. When the department of transportation issues regulation which requires more vehicle airbags in an effort to comply with a broad mandate from Congress such as "promote auto safety", it's an example of a bureaucratic agency making public policy. This form of policy making might be best described as: a. Discretionary implementation b. Adjudication c. Rule making d. The advisory role

C. Rulemaking

26. When the Dept. of Labor recommends that Congress make changes to the 1938 FLSA (currently: "to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being", except certain agricultural jobs) what type of bureaucratic policymaking is it best an example of? a. Adjudication b. Discretionary implementation c. The advisory role d. Rule making

C. The advisory role

7. A central theme presented in class regarding the presidency included the idea that recent presidents, as part of their expanded influence, often rely on informal rather than formal ways of accomplishing their goals. Examples of this observation include: a. The increased frequency of executive agreements rather than treaties b. The increased preference by some presidents for signing statements over "up or down" approval or disapproval (vetoes) of Congressional bills c. Both a and b d. Neither a nor b (recent U.S. presidents have demonstrated a preference for a literalist view of their constitutional powers and have exercised far less power than their predecessors.)

C. both a and b

4. The ability of a U.S. Senator to speak for as long as they wish to prevent a vote from taking place has occurred more frequently in recent years and is called —. — prevents that senator from continuing, but this has been achieved recently only about a third of the time, meaning a minority dominates the majority of senate business.

C. the Filibuster; Cloture

passive positive

COMPLIANT: seek to be loved; easily manipulated; low self-esteem is overcome by ingratiating personality; reacts rather than initiates; superficially optimistic.

active negative

COMPULSIVE: power as a means to self-realization; expends great energy on tasks but derives little joy; preoccupied with whether he is failing or succeeding; low self-esteem; inclined to rigidity and pessimism; highly driven; problem managing aggression.

Bureaucratic functions and roles

1. administration / implementation - execute and enforce laws 2. service provision - deliver services 3. regulation - makes rules to protect public 4. licensing - set standard 5. info gathering - determine if law is violated - make policy decisions 6. Policy making / rule making - Wilson believed politics (what we will do) should be separated from administrations (how we will do it)

3. There are —- members of the US senate and — of the US house of representatives.

100 ; 435

Bureaucracy Def by Max Weber

A natural consequence of an increasingly complex society more trade -> more legal/econ. relations -> more rules for relations -> more ppl to administer rules -> Complex society requires bureaucracy

29. Marbury vs. Madison (1803) was a landmark decision of the U.S. supreme court that a. Established judicial review, or the power of the Supreme court to invalidate actions of the other branches (and levels) of government b. Voided all executive orders of the 1780s and shifted power back to the legislative branch c. Established that writs of certiorari would no longer be required for supreme court review d. Both c and d

A.

8. FDR, Kennedy would represent an... a. Active positive b. Active Negative c. Passive negative d. Passive positive

A. Active Positive

23. NASA and the CIA are not part of a department but their directors are appointed by the president (and confirmed by the senate) to pursue tasks deemed too large and/or too imported to leave to the private sector. What kind of bureaucratic unit are they, as identified in class? a. An independent agency b. A government corporation c. A bureau d. An independent regulatory board of commission

A. An independent agency

28. — is a type of law that involves disputes between individuals or groups, usually over matters of rights, responsibilities, or contracts. Divorce and/or custody proceedings are examples of this type of law. Civil law Constitutional law Administrative law International law

A. Civil law

18. Bureau of the Census Commerce Treasury Defense Labor

A. Commerce

8. And which of these approaches to executive power has president Biden adopted? a. Literalist b. Stewardship c. Prerogative

A. Literalist

12. Which presidential characteristic classification do you think might be the most dangerous for our democracy?

Answer: Barber thinks active-negative because they want to get and keep the power.

13. An executive order a. A mechanism that allows the president to veto only sections of congressional bills. He must do this within 10 days of congressional passage b. Is a directive form the president that has force of law and is therefore a form of legislative power residing in the executive branch. Desegregation of the U.S. military was accomplished in this way. c. Limits the president's ability to commit troops to combat d. None of the above

B

31. Under the rule of four a. Justices on the U.S. supreme court make certain that four draft opinions are circulated for each case they hear. b. Justices on the U.S. supreme court agree to hear a case if at least four of them agree it should be heard. c. The president consults only his top four cabinet offices... his "kitchen cabinet" d. Members of the U.S. House of Reps serve on only four major committees.

B

25. When the University of Arkansas registar allows one/some students to withdraw from a class after the posted deadline, which type of bureaucratic policymaking is it best an example of? a. Adjudication b. Discretionary implementation c. The advisory role d. Rule making

B Discretionary implementation

10. G.W., Bush would represent an... a. Active positive b. Active Negative c. Passive negative d. Passive positive

B. Active Negative

14. Remember James David Barber's Presidential Character? Historians tell us President Woodrow Wilson was stubborn and unwilling to compromise on the post-WWI league of Nations treaty on which he'd worked tirelessly, holding contempt for senators who did not support him. These are characteristics of what type of presidential character? Active-positive Active-negative Passive-positive Passive-negative

B. Active Negative

9. Johnson, Nixon would represent an... a. Active positive b. Active Negative c. Passive negative d. Passive positive

B. Active Negative

31. The "lowest" level of courts in the national judicial system are called the —-. There are 94 such courts in the United States, and they exercise original jurisdiction. a. Minor courts b. District (or trial) courts c. Appellate or (appeals) courts d. Peoples courts

B. District courts

17. Food And Drug administration (FDA) a. Labor b. Health and human services c. Energy d. Commerce

B. Health and Human services

20. National park service Labor Interior Energy Agriculture

B. Interior (preserving national sites and natural world has to do w department of interior)

6. Just on its face, which of these approaches to executive power would you say is best for the country? a. Literalist b. Stewardship c. Prerogative

B. Stewardship

16. — is one approach to employing people in bureaucratic agencies. While it allows presidents to appoint people they trust to top-level government positions on the assumption they will carry out their agendas, all but the top-level U.S. bureaucrats today are employed through the civil service (or merit) system instead. a. The rule of four b. Patronage c. Standing d. Reciprocity

B. patronage/spoils

1.Which of the four key principles of American constitutionalism is most relevant to thinking whether a country's legislative and executive institutions are fused or separated? a. Republicanism b. Separation of powers c. Federalism d. Civil rights and civil liberties

B. separation of powers

Judiciary types of laws

Criminal - state vs criminal ; threaten public welfare and disturb social order civil - person vs person ; rights, responsibility, obligation constitutional - app of constit. principles of statutory & administrative ; judicial review administrative - oversees reg. actions of gov agencies international - treaties , convention accords

19. Forest Service Labor Interior Energy Agriculture

D. Agriculture

15. "Bureaucracies", according to Max Weber, are characterized by a. Hierarchy b. Standard operating procedures (formalized rules) c. Job specialization d. All of the above

D. All of the above

5. Standing committees... a. Are the place in which most of the work of congress is done b. Usually have democratic and republican members in roughly the same proportion as that of the entire chamber c. Are the only place in which cloture may be invoked d. Both a and b

D. Both a and b

21. National Weather service Interior Health and Human services Agriculture Commerce

D. Commerce

22. According to our text, the merit system a. Is administered by the Civil service commission which was created by the Pendleton Act of 1883. b. Reflects Weber/Kaufman's vision of "neutral competence" c. Protects individuals working in civil service jobs from dismissal for partisan reasons d. All of the above

D. all of the above

27. In both text and lecture, there was a strong emphasis on modern presidents' propensity to use informal, rather than formal, tools for exercising power. Even informal power is not unlimited, however. In fact, which of the following often act(s) to reduce a president's power and influence? a. Congress's rendition power b. Divided government c. A president's low popularity (or approval rating) d. Both b and c

D. both b and c

Formal Powers of President

Exec power - carry out laws Legislative role - veto commander in chief - head of army and navy chief of state - treaties

Parliamentary system

Fused system where both legislature and executive branches are fused these are fast, fused and two parts of one

merit/civil service system

Max Weber created the idea of needing to hire employees by merit

11. Eisenhower would represent an Active positive Active Negative Passive negative Passive positive

Passive Negative

Recognized body of law - highest to lowest

US constitution - National statues - State constituencies - state statues

passive negative

WITHDRAWN: responds to a sense of duty; avoid power; low self-esteem compensated by service to others; responds rather than initiates; avoids conflict and uncertainty. emphasizes principles and procedures and an aversion to politicking.

Presidential character theory

argues that you can predict a president's performance based on his/her psychological makeup

decision making process

brief - oral argument - conference - opinion

tools for representation

caucuses, interest groups, president, staff and staff agencies

exec orders

directives to public employees that carry the weight of law unless they contradict acts passed by congress

informal powers post wwII

doesn't require approval w congress

the rule of four

if four of supreme court judges agree to review the case, then it passes onto the docket

Literalist theory

if not written in black and white then should not be carried out and exercised (taft)

Law & legal sys

law - collection of rules laid down by gov. binding all members of the state, including gov itself legal sys - organized set of legal principles 1) recognized body of law 2) enforcement apparatus

exec agreements

legal contradicts w foreign countries that require only presidential signature

signing statements

public statements written by the president and attached to a particular bill to outline the presidents interpretation of the bill

Formal powers pre wwII

require approval w congress

Presidential system

separate system where the legislature and executive branches are separated these are slow, separate, and use the checks & balances as well as the separation of power systems.

Prerogative Theory

should risk the constitution to preserve the nation (Lincoln)

Criteria for accepting cases for review

standing - whether or not its important non mootness - whether it has constitutional backing or not real cases / controversies - whether other things are more important no political questions - whether its going to effect elections coming up also : rule of four and writ of cert