PS 101 FINAL EXAM

How many presidents have been impeached by the House?

2

Which president expanded use of the spoils system as the federal government began to perform more tasks?

Andrew Jackson

What is regulatory capture?

Bureaucrats favor the interests of the groups or corporations they are supposed to regulate at the expense of the general public.

The 15 executive department heads who help the president implement policy make up what office?

Cabinet

A high presidential approval rating produces which of the following consequences?

Congress is more likely to support the president's programs.

Judiciary Act of 1789

Congress laid out the organization of the federal judiciary. refined and clarified federal court jurisdiction and set the original number of justices at six, created the office of the attorney general also and established the lower federal courts

_____________________take place between the executive branch and a foreign government. They can be reversed by subsequent presidents.

Executive agreements

Which president threatened to pack the Court with justices who would support his policies?

Franklin D. Roosevelt

One of the biggest expansions in presidential power came in the 1930s under whose leadership, especially as part of his New Deal initiatives?

Franklin Delano Roosevelt

Which of the following is an example of the "rally 'round the flag" effect?

George W. Bush's high approval ratings following the 9/11 attacks.

Choose all of the following statements about opinion writing that are true.

If the Chief Justice is in the majority, he or she assigns the person who writes the majority opinion, If the Chief Justice is not in the majority, the most senior member of the Court in the majority assigns the majority opinion

How is a Senior Executive Service position different from other bureaucratic positions?

It does not have civil service protections.

Basic details about the federal court system, such as the creation of district courts and the size of the Supreme Court, are found in what document?

Judiciary Act of 1789

Judicial review was established in the case of

Marbury v. Madison

What is fire alarm oversight in Congress?

Members of Congress respond to complaints about the bureaucracy or problems of implementation only as they arise rather than exercising constant vigilance.

Which group is responsible for monitoring government spending and preparing the president's annual spending proposal?

Office of Management and Budget

Why are presidential pardons sometimes controversial?

Pardons may allow executive branch appointees to pursue the president's objectives with impunity.

Since the founding of the nation, what has been the trend in presidential power?

Presidential power has greatly expanded since the time of George Washington.

Which of the following statements about the presidential impeachment process is true?

The House votes to impeach the president, and the Senate conducts a trial to decide if the president should be removed from office.

How has the Supreme Court's case load changed over time?

The Supreme Court hears fewer cases now than it did 40 years ago.

What is the purpose of the president's using the veto as threat?

The president can influence the legislative process in Congress.

The term "bully pulpit" was first associated with which President ?

Theodore Roosevelt

Most members of Congress lack policy expertise. Why do bureaucrats respond to political pressures from Congress?

To protect their budgets, bureaucrats will be responsive to political pressures from Congress.

What was the name of the legislation that required presidents to seek congressional approval for major military operations around the world?

War Powers Resolution

class action lawsuit

a case brought by a group of individuals on behalf of themselves and others in the general public who are in similar circumstances

What is a class action lawsuit?

a civil lawsuit brought by a group of individuals

jurisdiction refers to

a court's area of authority.

precedent

a legal norm established in court cases that is then applied to future cases dealing with the same legal questions

police patrol oversight

a method of oversight in which members of congress constantly monitor the bureaucracy to make sure that laws are implemented correctly

fire alarm oversight

a method of oversight in which members of congress respond to complaints about the bureaucracy or problems of implementation only as they arise rather than exercising constant vigilance

Which of the following events is likely to most positively influence a president's popularity?

a national crisis

senatorial courtesy

a norm in the nomination of district court judges in which the president consults with his party's senators from the relevant state in choosing the nominee

Congress passes a bill, adjourns, and the president does not respond to the bill. The bill then dies. What is this called?

a pocket veto

go public

a president's use of public communications to appeal directly to the citizens about issues he wants the house and senate to act on

solicitor general

a presidential appointee in the justice department who conducts all litigation on behalf of the federal government before the supreme court and supervises litigation in the federal appellate courts

What is an executive order?

a proclamation by the president that changes policy without congressional approval

Which of the following is a cabinet position that is subject to Senate approval?

a secretary of defense

strict construction

a way of interpreting the constitution based on its language alone

living constitution

a way of interpreting the constitution that takes into account evolving national attitudes and circumstances rather than the text alone

attitudinalist approach

a way of understanding decisions of the supreme court based on the political ideologies of the justices

In Lawrence v. Texas the Supreme Court struck down a law banning sodomy in Texas. This is an example of judicial __________.

activism

turkey farms

agencies to which campaign workers and donors can be appointed in reward for their service because it is unlikely that their lack of qualifications will lead to bad policy

street level bureaucrats

agency employees who directly provide services to the public, such as those who provide job training services

executive agreement

agreement between the executive branch and a foreign government which acts as a treaty but does not need senate approval

Recess appointments

allow the president to bypass Senate confirmation.

state of the union

an annual speech in which the president addresses congress to report on the condition of the country and to recommend policies

fast-track authority

an expedited system for passing treaties under which support from a simple majority, rather than a two thirds majority is needed in both the house and senate and no amendments are allowed

Who is most likely to submit an amicus curiae brief?

an interest group

unilateral action

any policy decision made and acted upon by the president and his staff without the explicit approval or consent of congress

What constitutes the president's tactic of "going public"?

appealing directly to the American people to gain support for his or her programs

The doctrine of stare decisis

applies only to criminal law

vesting clause

article 2, section 1 of the constitution that states "the executive power shall be vested in a president of the usa" making the president the head of government and head of state

The Supreme Court's power of judicial review was established

as a result of Marbury v. Madison.

appellate jurisdiction

authority of a court to hear appeals from lower courts and change or uphold the decision

budget maximizers

bureaucrats who seek to increase funding for their agency whether or not that additional spending is worthwhile

bureaucratic drift

bureaucrats' tendency to implement policies in a way that favors their own political objectives rather than following the original intentions of the legislation

Some government agencies have the reputation of being "turkey farms," meaning that

campaign workers and donors are rewarded for their service by being appointed to these agencies.

In many parts of the bureaucracy, hiring is done at least in part by how people score on an examination. This is best described as an example of what?

civil service regulations

A(n) __________ is a legal action by which a group of individuals with common interests can file a suit on behalf of everyone who shares that interest.

class-action suit

Choose all of the following opinions that might be written by someone on the winning side of a Supreme Court case.

concurring opinion and majority opinion

oversight

congressional efforts to make sure that laws are implemented correctly by the bureaucracy after they have been passed

The Judiciary Act of 1789

created a system of federal courts.

What is the function of the Office of Management and Budget?

creating the president's annual budget proposal to Congress, reviewing proposed rules, and other budget-related tasks

In __________ cases, the government is always the plaintiff.

criminal

Bilbo is arrested for theft. He is charged by the courts and the case goes to trial. In this example, Bilbo is the

defendant

problem of control

difficulty faced by elected officials in ensuring that when bureaucrats implement policies, they follow these officials' intentions but still have enough discretion to use their expertise

signing statement

document issued by the president when signing a bill into law explaining his interpretation of the law which often differs from the interpretation of congress in an attempt to influence how the law will be implemented

The Great Society saw bureaucratic expansions into which of the following areas? Choose all that apply.

education, civil rights for minorities, health care for the elderly and poor

civil servants

employees of bureaucratic agencies in the government

red tape

excessive or unnecessarily complex regulations imposed by the bureaucracy

Executive agreements take place between the

executive branch and a foreign government and can be reversed by subsequent presidents.

The vesting clause of the Constitution states that

executive power is to be vested in the president of the United States.

The Great Society _________________ voting rights and civil rights laws.

expanded

The method of oversight whereby members of Congress respond to complaints about the bureaucracy or problems of implementation only as they arise is known as __________ oversight.

fire alarm

The president negotiates a free-trade treaty with Colombia. The treaty then goes to the Senate for approval. The Senate cannot force the president to negotiate with a country if the president does not desire to do so. What is this an example of?

first mover advantage

James Monroe's "Monroe Doctrine" demonstrates the important role that early presidents played in what area?

foreign policy

independent agencies

government offices or organizations that provide government services and are not part of an executive department

cabinet

group of 15 executive department heads who implement the president's agenda in their positions

Over the course of American history, presidential power has generally tended to

grow

Appellate jurisdiction refers to the Court's power to

hear appeals from lower courts.

The burden of proof is __________ in criminal cases than in civil cases.

higher

The Federal Reserve and Federal Deposit Insurance Corporation (FDIC) are examples of what?

independent agencies

principal agent game

interaction between a principal (principal or congress) who needs something done and an agent (bureaucrat) who is responsible for carrying out the orders

Which of the following is an example of a member of Congress performing police patrol oversight?

interviewing senior bureaucratic personnel

The __________ approach to deciding Supreme Court cases says that justices should attempt to defer to the elected branches of government and not contradict their actions.

judicial restraint

As the power of __________has evolved, it has become a central part of the system of checks and balances.

judicial review

When the Supreme Court strikes down a congressional or state law, it engages in

judicial review

amicus curiae

latin for "friend of the court" referring to an interested group or person who shares relevant information about a case to help the court reach a decision

common law

law based on the precedent of previous court rulings rather than on legislation. it is used in all 50 state courts

What is the source of the president's statutory authority?

laws enacted by Congress

standing

legitimate justification for bringing a civil case to court

district courts

lower-level trial courts of the federal judicial system that handle most US federal cases

For most people appointed to the Executive Office of the President (EOP), the primary consideration in selecting them is their

loyalty to the president

The complexity of the tasks the bureaucracy undertakes explains

many bureaucratic failings.

Modern vice presidents are __________ than their predecessors.

more influential

The Senate must confirm __________ presidential appointments to federal positions.

most

plea bargaining

negotiating an agreement between a plaintiff and a defendant to settle a case before it goes to trial or the verdict is decided. in a civil case, this usually involves an admission of guilt and an agreement on monetary damages; in a criminal case, this often involves an admission of guilt in return for a reduced charge or sentence

Fears about the courts' role as a protector of minority rights are most likely under which judicial selection system?

nonpartisan elections

The Federal Register publishes proposed new regulations before taking effect. This procedure is known as

notice and comment

office of management and budget

office within the executive office of the president that is responsible for creating the president's annual budget proposal to congress, reviewing proposed rules, and other budget-related tasks

head of state

one role of the president through which he or she represents the country symbolically and politically

head of government

one role of the president, through which he or she has authority over the executive branch

The Constitution gives the Supreme Court __________ jurisdiction in cases involving foreign ambassadors and issues in which a state is a party.

original

What marked a shift in the history of the bureaucracy from the spoils system predominating to the widespread use of the merit system?

passage of the Pendleton Act in 1883

political appointees

people selected by an elected leader such as the president to hold a government position

A negotiated agreement in a criminal case in which a defendant agrees to tell the court that he or she is guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing is known as a

plea bargain

If a plaintiff and defendant settle a case before it goes to trial or a verdict is reached, this is called a

plea bargain

Under the spoils system, what were the highest priorities of the bureaucracy?

political and party loyalty

The spoils system was characterized by placing priority on __________, which was particularly useful to __________.

political loyalty, party organizations

statutory authority

powers derived from laws enacted by congress that add to the powers given to the president in the constitution

constitutional authority

powers derived from the provisions of the constitution that outline the president's role in government

In a civil case, what standard of proof is necessary to establish guilt?

preponderance of the evidence

What are legal precedents?

prior cases whose principles are used by judges as the basis for their decision in a present case

constitutional interpretation

process of determining whether a piece of legislation or governmental action is supported by the constitution

executive orders

proclamations made by the president that change government policy without congressional approval

Choose all of the following tasks that bureaucracies routinely do.

purchase goods and services for the American government, develop and enforce regulations that shape choices made by individuals, deliver services to Americans

Many critics of the modern bureaucracy cite the abundance of __________, which refers to the unnecessarily complex procedures that lower-level bureaucrats must follow when implementing policies, regardless of whether they are applicable to the situation at hand.

red tape

While not universally true, a president's approval rating is likely to be highest when?

right after the initial election

executive privilege

right of the president to keep executive branch conversations and correspondence confidential from the legislative and judicial branches

regulation

rule that allows the government to exercise the control over individuals and corporations by restricting certain behaviors

standard operating systems

rules that lower-level bureaucrats must follow when implementing policies

recess appointment

selection by the president of a person to be an ambassador or the head of a department while the senate is not in session, thereby bypassing senate approval. unless approved by subsequent senate vote, recess appointees serve only to the end of the congressional term

regulatory capture

situation in which bureaucrats favor the interests of the groups or corporations they are supposed to relate at the expense of the general public

oral arguments

spoken presentations made in person by the lawyers of each party to a judge or an appellate court outlining the legal reasons their side should prevail

Juan goes into his college's advising office to ask a question about a course. Before he can ask that question, he is told he must fill out an advising template. Juan believes this is a bit foolish as he is just there to ask a simple question, but he is told that everyone who wishes to speak with an adviser must have a completed template. This is an example of what? Choose all that apply.

standard operating procedure, red tape

At the outset of a case, judges determine whether the person filing the case has a legitimate basis for bringing it; this is called

standing

Laws enacted by Congress provide the president with __________ authority.

statutory

notice and comment procedure

step in the rule making process in which proposed rules are are published in the federal register and made available for debate by the general public

judicial review

supreme court's power to strike down a law or an executive branch action that it finds unconstitutional

federal civil service

system created by the 1883 Pendleton civil service act in which bureaucrats are hired on the basis of merit rather than political connections

cert pool

system initiated in the supreme court in the 1970s in which law clerks screen cases that come to the supreme court and recommend to the justices which cases should be heard

bureaucracy

system of civil servants and political appointees who implement congressional or presidential decisions

What is an example of an independent agency?

the Federal Reserve

In response to demands for more professionalism in the delivery of government services, Congress enacted ______________________ in 1883.

the Pendleton Civil Service Act

Congress may change all of the following except

the Supreme Court's original jurisdiction.

original jurisdiction

the authority of a court to handle a case first, as in the supreme court's authority to initially hear disputes between 2 states. however, original jurisdiction for the supreme court is not exclusive, it may assign such a case to a lower court

Many bureaucratic failings can be explained by

the complexity of the tasks the bureaucracy undertakes.

judicial activism

the idea that the supreme court should assert its interpretation of the law even if it overrules the elected executive and legislative branches of government

judicial restraint

the idea that the supreme court should defer to the democratically elected executive and legislative branches of government rather than contradicting existing laws

appeals courts

the intermediate level of federal courts that hear appeals from district courts. more generally, an appeals court is any court with appellate jurisdiction

mootness

the irrelevance of a case by the time it is received by a federal court, causing the court to decline to hear the case

state capacity

the knowledge, personnel, and institutions that the government requires to effectively implement policies

What does the term standing refer to?

the legitimate justification for bringing a civil case to court

writ of certiorari

the most common way for a case to reach the supreme court, in which at least four of the nine justices agree to hear a case that has reached them via an appeal from the losing party in a lower court's ruling

defendant

the person or party against whom a case is brought

plaintiff

the person or party who brings a case to court

After the Court ruled on Brown v. Board of Education, who enforced the controversial decision?

the president

The interaction between the president, who needs something done, and a bureaucrat, who is responsible for carrying out the president's orders, is called

the principal-agent game.

Which of the following is a major goal for all staffers of the Executive Office of the President in his first term?

the re-election goals of the president

jurisdiction

the sphere of a court's legal authority to hear and decide cases

It has been argued that the size of the federal bureaucracy can be attributed to

the tendency for bureaucrats to be budget maximizers.

statutory interpretation

the various methods and tests used by the courts for determining the meaning of a law and applying it to specific situations. congress may overturn the courts' interpretation by writing a new law thus engaging in statutory interpretation also

unitary executive theory

the vesting clause gives the president the authority to issue orders and policy directives that cannot be undone by congress

original intent

theory that justices should surmise the intentions of the founders when the language of the constitution is unclear

Choose all of the following reasons given in the text for why a president might use a signing statement.

to influence the way the bureaucracy implements the law, to counter congressional interpretation of the law, to guide court interpretations in the event of a legal challenge

Which of the following is a common strategy for preventing bureaucratic drift?

using standardized procedures in the monitoring of agency behavior

Which of the following is the most common path that a case takes to get to the Supreme Court?

writ of certiorari