V181 Exam #1
Different ways for rulemaking to get started.
-Congress passes a law that directs an agency to take action on a certain subject and set a schedule for the agency to follow in issuing rules - agency surveys its area of legal responsibility, and then decides which issues or goals have priority for rulemaking. - New technologies or new data on existing issues -Petitions from interest groups, corporations, and members of the public - Lawsuits filed by interest groups, corporations, States, and members of the public -Presidential directives
The purpose of a theory
-Explain why certain things happen and the way they do. In this case, theories explain why certain polices are adopted. -Help develop a broader set of hypothesis that you can test. -They give you more opportunities to think critically and creatively. -The better your hypothesis matches the actual situation, the more likely it is that you can find creative new ways to deal with it.
reasons for government to get involved
-Political reasons -Moral or ethical reasons -Economic and market failures Political: -shift in public opinion that favors a different party, or pushes for government action, affecting re-election prospects -Noble shift in opinion or rise of social movement pressing for action. ex. civil rights movement -government shift Moral/ethical reasons: "the right thing to do" ( -like giving aid to other countries after an earthquake -disaster relief in US -making sure everyone has healthcare -Poverty - hunger -human rights -Social security -Affordable care Act Economic and market failures: Situations resulting from individual/business decisions that are based on self-interest and cause undesirable results. -Monopolies and oligopolies -positive and negative externalities -information failure -toll goods -common pool resources -pure public goods gets involved for - Harm reduction -Providing transparency that supports expansion of market activity's reduces need for lawsuits against producers -People can make better decisions that further their self-interest
Challenges for policymaking resulting from separation of powers
-Slow or polarization in policy making -partisanship - party polarization: consists of one party holding the presidency, the other party controlling one or both chambers of Congress. Policies don't get passed or take a really long time to pass because the parties can't come to an agreement -gridlock (nothing happens) -Slow process because it needs to be approved by all 3 branches and it only takes one of them to turn down the bill -Confusion of the public of who is responsible for why things are not happening that most of the public wants to see happening.
What happens during policy formulation and who/what is involved?
-actually writing a bill -defining the problem -There are often multiple competing bills in both House and Senate who's involved -Chief executives and agency's career officials are especially influential at this stage -Legislators, with help from, Staff, Government Accountability Office GAO (a program evaluation office), Congressional Budget Office CBO (for budgetary and economic analysis),, Congressional Research Service CRS (for policy research). -White House staff, Executive Office of the President, National Security Council, Council on Environmental Quality, Office of Management and Budget. -Non-Governmental Groups (interest groups, Think Tanks, Citizens) -Iron Triangles /Issue Networks
Stages of the policy making process and the idea of a policy cycle
1. Agenda setting 2. policy formulation 3. Decision 4. implementation 5. Evaluation -The idea of the policy cycle is that the policy making process is continuous because no policy decision or solution is ever final.
Different types of market failure that can lead to government getting involved
1. Monopolies and oligopolies 2. positive and negative externalities 3. information failure 4. toll goods 5. common pool resources 6. pure public goods Monopolies/oligopolies: Monopolies and oligopolies: one or several companies dominate the market control price. Problem: can exploit market power and charge high prices Negative externalities: Market exchange affects one of the parties negatively -private sector provides too much (pollution, noise, health effects, dying forests & lakes, rising global temperatures ...) Problem: Overuse of private sector results in hurting others and the environment -The costs imposed on others are not included in the price of a product (for example gasoline or electricity) therefore the low price induces people to buy too much of that good -Producers are not forced to pay for damage their activities cause others -Governments intervene with noise ordinances, regulation of pollutants Positive externalities: Private sector may not provide enough Problem: private providers don't have enough resources to provide everyone with a good that benefits society -Private providers are not compensated for all the good that results from their actions, it benefits society to make more of these services available, with support from government (and paid for by taxes) -ex: education, libraries Information failure: buyers or sellers don't have all the info to make a transaction. Problem: Sellers dont want to buy because they dont know about the product enough, can cause harm. -theres now labels on food Toll goods: goods can be used with many people without taking away from others- up to a capacity -Joint Consumption (No Rivalry), Exclusion Feasible -roads, cable, electric utilities, water and sewer infrastructure. Problem: Often become natural monopolies -These often become natural monopolies therefore they need to be regulated by the government so they don't exploit their Market power such as setting high prices. Solution: -doesn't make sense to create other sewer pipes or road companies therefore the government lets this natural monopoly happen but regulates it. -governments provide these services (roads, water lines, sewer lines..) for the benefit of all, without making profit on them. Common pool resources: exclusion not feasible (Rivalry/no Joint Consumption. Whatever people take out is gone, no one else can get it. -Ex. Ground water withdrawal, fisheries, hunting Problem: people act in self interest and may hurt the environment or others so there are regulations in place and in need of collective action. -People act in self-interest which leads people to take out as much as possible for themselves (because its free), even to the point that they destroy the resource (overfishing, overgrazing, depleting ground water basins beyond their rate of replenishment). -Also pollution, instead of taking people dump pollution -Collective action is needed to put restrictions on individual users and to find ways to monitor and limit their extraction. -That could be on a community or a state, federal, international level. Pure Public Goods: Non-excludability and joint consumption (no rivalry). -It is impossible (or prohibitively expensive) to exclude people from enjoyment of these "goods" if they do not pay for them, (for example national security) -also possible for many people to enjoy those "goods" without diminishing the use by others. Problem: free riding since people can't be excluded from these goods. underpaid staff. Free riding may lead to a level of provision that is not satisfactory to anyone. Non-excludability means people would have to pay voluntarily (donations) if they wanted these "goods". That will likely lead to underpayment as people can pretend not to be interested in these "goods" and know that they can still benefit from them once others provide and pay for them (so-called free riding). examples: national protection, Protection from recessions and depressions, A robust economy that gives people opportunity to better their lives (what does that take?), Clean water and air, Fairness, Justice, Domestic Tranquility and Peace.
Government spending - different ways to put dollars into perspective and what that looks like on graphs
2019 spending is 6,999 times higher than in 1900. Inflation: On average all prices including wages increased. adjusted 1900 Budget < Actual 2019 Budget The budget has grown by MORE than can be explained by inflation. Population increase: more problems more government workers GDP: Population has grown and we produce more things > More people & higher productivity generate higher GDP > A higher GDP generates more tax revenues > That increases the capacity of government to provide services > As a country we can afford having better, more government programs. Nominal Spending: shows significant increase Spending as Percent of GDP: shows a few gentle ups and downs.
How can Separation of Powers play out in the Implementation Phase? a. After having delegated authority, how can Congress interfere with agency action? b. On what basis can the courts interfere with agency action?
A. Congress can -update a law to restrict the agency -Can update law to give agency new, expanded powers -Can cut funding for certain agency activities or put restrictions on how funding is used -Use Congressional Review Act (New final rules must be sent to Congress and the Government Accountability Office for review before they can take effect If House and Senate each pass a resolution of disapproval within 60 days of Final Rule being Posted in Federal Register And the President signs it (or Congress overrides Presidential veto) or rule becomes void B. Courts can -Courts get involved when someone "goes to court" and starts a case against an agency action
Advantages and disadvantages of federalism
Advantages -suited to countries with diverse populations and large geographical expanses (Policies on lower levels can be considerate of unique local conditions and needs of diverse populations). -Encourages policy experimentation and innovation by states. -Many times policy issues are first noticed and (either successfully or unsuccessfully) addressed locally or in a state, before there is a national policy response. -States can learn from each other -Policymakers on federal level can learn from successful state policy -Federal polices can kick in when state and local solutions fail (Environmental Policy, Social Security). -Federal government has access to larger government revenue/borrowing to support policy activities, for which states don't have sufficient resources (ex. Large scale economic bailouts and relief in case of severe recessions, Disaster relief). -Multiple opportunities for citizen involvement in policymaking (many elected offices to fill, elections held on all levels). Disadvantages - Unequal patterns of service delivery, because of different capacities to raise revenue on state level (ex. .Local schools with widely varying resources affecting kids education). -Business and industry special interest groups may exert more influence at the state than at the national level because of the states' eagerness to attract businesses and jobs and Vice Versa. interest groups go straight to federal -State policies can have negative impacts on others states -Central level doesn't have full control over pace and effectiveness of central level policies implemented by lower level governments because, for example: Differences in state capacity (resources)• Partisan divides (Democrats/Republicans in power on federal vs. state level), Cultural/historical/social factors -There could be resistance with local level governments enforcing policies
Why does Congress delegate authority to agencies?
Congress can't oversee and enforce all statutes passed. Agencies may be more knowledgeable
After the public has given comment, what are possible actions the agency can take based on the comments received?
Can either implement the rule or go back to change it - do not have to follow the public's input
What happens during decision (legitimation) phase and who/what is involved?
Congress giving legal force to decisions - Congressional Committee and Subcommittee Hearings - debate and voting on senate and house floors -Conference Committee make sure senate and house bills are identical -Votes on Senate and House Floor on Reconciliation Bill -President Signs - Bill becomes law Decisions can be shaped by -President (through ruling parties, veto power) -Party Influence (Party gets them to all vote or absence thereof) - Constituents' Influence. Only if issue evokes intense interest do Congress members hear from constituents -Contributor Influence
How does the rule-making process create transparency, solicit public input? Why transparency?
Creates transparency by "Unified Agenda:" - Inform the public what they are thinking of doing or already have -some of it in Federal Register -Update for the public twice a year on pending and completed regulatory action and then Advance Notice of Proposed Rulemaking -in the Federal Register - tells public to give input - Formal invitation for the public to participate in shaping the proposed rule -Anyone interested may respond and then Proposed Rule - In the Federal Register -propose the rule they are going to implement and again are asking for public input Structured to include -Justification for why the rule is needed -Data and other information used to develop the rule - Legal authority for issuing the rule -The text of the rule and then Final Rule (Federal Register) Why transparency? -Agency may find out information it had missed -Accountability -Fairness
Powers of different levels of government in US as established in the US Constitution. enumerated powers reserved powers concurrent powers
Enumerated powers: powers are specifically granted to the federal government -Article I, Section 8 of the Constitution - Constitution delegates 27 powers specifically to the federal government. -This includes the power to coin money -Amend the U.S Constitution -to regulate foreign and interstate (between states) commerce (trade) -Tax imports and exports -Conduction foreign relations and conduct treaties -to declare war -to raise and maintain armed forces - establish a Post Office. -make laws which are necessary for carrying out Enumerated powers Reserved Powers: powers that are not specifically granted to the federal government by the Constitution are granted to the State. -The Tenth Amendment gives these powers to the states. -Protect public health, safety, and morals -This Includes power to regulate Intrastate Commerce (in the state) -Establish and maintain schools -Issue licenses, permits, certificates -Maintain national guard -Ratify amendments to the U.S Constitution Concurrent Powers: Concurrent powers refers to powers which are shared by both the federal government and state governments -This includes the power to tax -borrow money -create lower courts -build roads and transpiration systems -Take private land for public use with just compensation -Charter banks and corporations
Presidential Executive Orders and Memoranda and what they have in common with Rules.
Executive Orders -A presidential policy directive that implements or interprets a federal statute, a constitutional provision, or a treaty -They must stay within the authority under which they are issued (the Constitution, a specific statute) -Most Presidential executive orders are issued under specific authority from Congress -ex. Impose economic sanctions on other countries, declare state of emergency, establish DACA Memoranda -type of directive issued by the president of the United States to manage and govern the actions, practices, and policies of the various departments and agencies found under the executive branch .-often organizational, ex. Create executive branch committees -Can be changed by another memorandum -Do not have to cite an authority -Are not all published in the Federal Register What they have in common with Rules is that the president can change rules and regulations
Stages of development of federal-state relationships over time and their characteristics (dual, fiscal, cooperative and coercive federalism, and current examples)
Federal-State relations are not static and can change in either direction Dual -18th and 19th century. Lasted until the Great Depression era -States and federal levels pretty much stuck to their enumerated and reserved powers, with little overlap (Big exception Civil War and Reconstruction Period) Fiscal Fiscal federalism operates through the various federal taxes, grants, and transfers that occur in addition to states and localities. The federal government regulates, subsidizes, taxes, provides goods and services, and redistributes income. Cooperative (1930) - Happened because State and local governments alone could not handle the social welfare problems caused by economic disruption of the Great Depression. - President Roosevelt made a legislative program that was an expansion economic recovery program. -Federal went into debt to pay states -States began to get money from the federal government through block grants and categorical grants -collaboration on policymaking between nation and state governments increased. -more federal programs created -States started having more taxes such as income taxes Coercive (1970s-1980s) -Coercive federalism is a period of American federalism characterized by substantial increase in the power of the federal government relative to the states and by the ability of the federal government to override state powers and impose policies on the states -Gave implementation powers to states making it their responsibility to fund such mandates -unfunded mandates: federal requirements placed on states without funding for implication -Grants came with requirements therefore if the states wanted this money they had to follow the requirements. This caused the states to feel blackmailed and pressured to do what the federal government says because they needed the money. ex. states have to raise the drinking age to 21 if they want to receive highway funds Characteristics -Increasing numbers of policy conditions to be fulfilled for states to receive federal grants, often necessitating increased state spending. -More federal legislation involving mandates (like the mandate to achieve air quality standards) -Increasing number of law suits filed by federal agencies against local and state agencies for failing to implement federal policies. -increase in federal power -increase in block and categorical grants -unfunded mandates: federal requirements placed on states without funding for implication - Regan tried to give powers back to states by moving away from categorical grants and more towards block grants so the State could have more power to what to do with that money Beyond Cooperative (Now) -today we have a mix of different types of federalism, dual, cooperative, coercive. -in some policy areas...more power/influence to federal government -In others, states increase their power and authority - relations are not static
Government entities on federal and state level
Federal: 3 branches. -Executive branch (president, vice president, Cabinet, most federal agencies, EOP). -White house staff and EOP: involved in policy making process. Keep president informed Federal bureaucracy: provide the president and staff with information. Specialize in develop and implement policies in specialized areas -Legislative branch (House of Representatives and the Senate) -Judicial branch (district courts (the trial court), circuit courts (first level of appeal) and the Supreme Court of the United States (the final level of appeal in the federal system). State: state executive branch (Govern, state executive agencies), state legislative branch (bicameral just like federal, made up of two chambers: a smaller upper house and a larger lower house, and state judicial branch (State supreme court, lower appeal courts). Local: Only have powers (such as power of taxing) given to them by the state. (counties or cities).
Formal and Informal actors
Formal: Have statutory (= legal... based on laws) or constitutional responsibilities. -ex. Members of Congress and Senate, President, Government Agencies, Courts Informal: Participate in policymaking process with no explicit legal authority to make final decisions - those are left to formal actors. -ex. Organized Interest groups, lobbying, Media, members of public (polls, a lot of people care about the problem). Private interest groups: protect an economic interest Public interest groups: don't have an economic interest but protect Members of the public: Saliency: how centrally important the issue is for an individual Intensity: refers to strength of an opinion, how firmly it is held Stability: continuation of an opinion over time, fleeting or changing quickly? The importance: these things determine if a policy maker should act on the problem or no.
Block grants and categorical grants
From federal to state and local Categorical Grants -They are very targeted for particular purposes -Federal and state officials (and local officials) will work closely together in the implementation. Block Grants -With Block Grants the receiving agency is given discretion of how to use the grant in a broadly defined area of local or state policy ex. affordable housing
Why defining a problem isn't a straightforward thing?
Important in agenda and policy formulation stage Defining a problem consist of -Conveying need for action -Conveying who/what would benefit from the policy(with the goal of getting buy-in from the public and from policymakers) -Deciding what values to appeal to? -Indicating the CAUSES of the problem (Often there are multiple causes, which ones will be picked?) -Offering policy solutions (that address the causes and have a chance of being passed) Problems Will Be Framed (Spun) in Different Ways Depending on -What you consider the cause of the problem -What policy solutions you find acceptable or unacceptable (Regulations? Tax incentives?..) -Who you may want to appeal to for support The way the problem is defined and shaped varies upon people and they must come to a collective decision. Also the way the problem is expressed can affect the policy formulated.
The relationship of state and local governments
Local governments do not have any independent US constitutional based authority therefore they only have powers given to them is by the State Government -States can alter, create, and abolish local governments by altering state laws or state constitutions -They are subdivisions of the states -Local powers therefore vary across states examples of local government: Counties, Municipalities (cities), School districts, Soil and water conservation districts, Waste Management Districts
Marriage Equality, Civil Rights Movement (Lunch Counter Protests), Disability Movements a) What were they up against? b) Similarities/differences in the strategies, tactics, approaches, actions, used by these movements. c) What formal actors got involved? d) Roles of federalism and separation of powers. e) What theories of policy-making are most appropriate to describe what happened?
Marriage Equality a. Hawaii ruled yeah, supreme court said if you support gay marriage we'll cut funding b. lobbied, Pushed for public support "love is love", start court cases c. State supreme court (Hawaii), federal supreme court, state, congress, Lawmakers in different states, courts in different states d. State supreme court said Legislative branch is banned because not letting ppl get married is unconstitutional in hopes of it going to the Supreme Court. Congress passed law saying they'll won't give benefits to states who support gay marriage And then federal Supreme Court legalized gay marriage. ballot initiative banned same sex organization e. Institutional and political theory Civil Rights Movement A. Racial Segregation, enforced by violence, lynchings. B. Organized protests (sit downs) C. State legislative, State said no then supreme court said yeah D. State said no, supreme court said yeah E. Institutional and political
How do things get on the institutional agenda?
Outside Initiation, Inside imitation, Mobilization, Consolidation Outside initiation - Informal Actors raise issues and bring them to lawmakers' attention -ex. protests, lobbying media coverage, letters to congress Inside initiation- Individuals or groups get the government to address particular concerns without expanding visibility on the systemic agenda (little or no public awareness) examples -Contact with policymakers almost entirely in private meetings -Provide information and analysis to elected officials that support their demands -Possibly campaign donations. Mobilization -Government itself wants to address an issue and drums up support (puts the issue on systemic agenda). Consolidation -Government picks up an issue that is on Systemic Agenda, but that has not seen much or any attempts of outside initiation.
Rulemaking - in what phase of the Policymaking Process does this happen?
Policy implementation
Problem, policy and political streams and what can happen when they converge.
Problem Stream: An issues getting a lot of attention, then stops, is unaddressed, and then it come up again, and this time things are different... ex. mass shooting Political stream: The problem comes up again in the right political environment. A political party that has power wants to address the problem. -ex. Parties in power in Congress (House /Senate), public opinion. Policy stream: the Policy Stream offers a policy solution that aligns with the power constellation When streams converge, they can put an issue on the institutional agenda and pass a policy
Differencing between policy, public policy, and politics
Public policy: Public policy is what public officials within government, and by extension the citizens choose to do or not do at all government levels example: president making an executive order, agencies of the executive branch, congress making laws, the courts (state and local). -Government action that responds to public problems -Represents our most important values -Represents conflict among values policy: A rule that could be issued by any legislative. action taken to solve a problem. Politics: how power and influence are extended and affect policymaking through society and interest groups -within the structure of government -within political parties, -related to elections. -Concerns the exercise of power in society or in specific decisions over public policy -Impacts how policies are formulated and implemented -Impacts how conflicts are resolved -Often determines issue positions (special interest groups) -Is about elections, political parties, campaign finance -Includes ideologies, philosophies, and beliefs- -Policy choices impact re-election -Republicans, Democrats, Libertarians, Independents, Others example: policy: trying to pass a $4.5 trillion bill. Politics: passing a $1 trillion bill with no tax raise.
Different contexts of policymaking and their characteristics.
Social, Economic, Political, Governing, Cultural Social: How -different backgrounds -demographics. -Changes among birthrates and households becoming less traditional -migration -People in different communities such as being in the city. -Includes how groups relate to one another Alter how policy makers view and make laws. example: Baby boomers vote for people who are for social security. Economic: State of the economy (e.g., surplus vs. deficit) affects policy making -Unemployment rates -Budgetary decisions -inflation -How the economy affects government programs such as unemployment. - Strong economy means more people are employed, less money goes into that program. Political: Political/ideological issues (who is in power?) -Selection of policy makers through election shaping how conflicts among different groups are resolved. -Public trust. (Loss of public trust with government and elected officials) -Differing Views/Polarization (liberals vs conservatives) -Political party labels are poor indicators regarding policy choices among individual elected officials -Varies greatly from state to state and community to community Governing: Structure of government (e.g., Constitutional separation of powers) -Divided Congress often leads to no action and/or ineffective policies -Federal and State Government responsibilities often overlap -Unfunded Mandates - authority is widely spreaded amongst institutions and policy makers making it lengthy to pass policies. Policy makers must find common group because for a policy to be passed it needs to pass congress than go to the president for approval. Divided government. Culture : Values, beliefs, attitudes, interests (e.g., red state vs. blue state) -Varies by location -Seen in highly debated social issues example: Red states believe in gun rights
Differences between Statutory Law and Rules.
Statutory Law: Any act, statute, or policy passed by Congress and is in the US CODE Rules: Regulations Issued by Agencies and are in the Code of Federal Regulations. -Have the force of law
Systemic and institutional agenda.
Systemic agenda -Potential list of policy initiatives in the public realm -public is aware Institutional agenda - the list of subjects or problems to which governmental officials... are paying some serious attention at any given time -mandated, or required, actions with which government must deal. Examples include • Passing the annual budget, • Legislating to reauthorize existing programs, • Acting on a president's nominees for executive appointments or Supreme Court Appointments. (Senate)• Ratifying international agreements (Senate)
Rule—making governed by the Administrative Procedures Act
The APA governs the process by which federal agencies develop and issue regulations. It includes requirements for -publishing notices of proposed and final rule making in the Federal Register -provides opportunities for the public to comment on notices of proposed rulemaking -requires most rules to have a 30-day delayed effective date. -provides standards for judicial review if a person has been adversely affected or aggrieved by an agency action
Funded and unfunded mandates
Unfunded-A statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements. -Public individuals or organizations can also be required to fulfill public mandates Funded- A statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements.
Characteristics of unitary and federal systems of government
Unitary: Government power and authority are vested in National Government. (ex. Parliaments such as England) - Only national government has constitutionally derived authority to make policies (and to implement them) - has power of taxation -Sub-units administer (carry out) decisions made by central government and receive funds through allocations by central government -Central government MAY establish autonomy for lower level decision making/taxation in limited policy areas (schooling, policing...) (but that can also be taken away again) Federal Systems of the Government -At least 2 levels of government (national and state) above the local level, each with constitutionally defined unique powers, authority, and policy-making responsibilities -National and lower levels of government each have their own revenue-raising (taxation) authority •
How do these theories explain policy-making? a. institutional b. rational choice c. political systems d. elite e. group
a. institutional- Analyzes the effects of institutions on the governed and the governing. -Structure and process of institutions dominate policy making -No such thing as a neutral rule; Rules by which governments operate and aspects of government structure can empower or obstruct political interests and policymaking. -Emphasizing the formal and legal aspects of government structure -looks at ways in which governments are arranged their legal powers, and their rules for decision making. -Institutions can be things like a legislature, a government agency, the presidency, legal framework (that influences and orders policymaking/society/economy), -for example the Constitution that provides: Separation of Powers, Federalism. - Or a set of shared informal norms - To be an Institution, it has to have some stability over time and affect individual behavior. Theory goal: Aims to design institutions to structure individual behaviors towards better ends. rational choice -tries to explain public policy as result of actions of self-interested individual policy actors. -People make choices that benefit them -Tries to distill core motivations of individual political actors and the consequences for the larger political system and for public policy. ex. Voters, agency officials, legislators, candidates for office. political systems -What matters ARE NOT politics within formal institutions but what is happening in the socio-economic environment. -Society and economy influence politics and political institutions, not the other way round. -Policy Makers Respond To Input Demands (that arise from the context (social, cultural, ...), public opinion and interest group pressures Support (Level of acceptance of government actions, perception of legitimacy, level of obedience to laws and rules). Policy makers generate: Policy outputs (laws, policies, enforcement. Then see how the public responds to see if they need to change anything -pressures of the public Elite -Experts or elites dominate policy development -Public Policies are affected by values and preferences of elites, which differ from those of the public at large -Values and preferences of the general public are less influential in shaping public policy than those of a smaller, unrepresentative group of people (the elites) -Changes in policy come about as the values of the elite change. -ex. Ex. oil companies, corporate executives, etc. different elites tend to dominate different policy areas. This theory may prove that policy making isn't so democratic. -Different elites tend to dominate in different policy areas -There is no "super elite" that controls everything. Group -public policy is dominated by interest groups -Sees public policy as the result of a continuous struggle among organized interest groups. - Individuals become important in politics when they act on behalf of, or as part of, interest groups -All these groups seek to influence the policymaking process, taking different positions on issues important to them.
Roles of the different branches of the US government.
federal Government: Legislative branch, Executive branch, Judicial branch Legislative branch (Congress) (law making) --Congress is the House of Representatives and Senate -Makes laws/turn down laws -has budgetary responsibilities -can declare war -Can override a presidents veto by 2/3 votes in both houses -impeach federal officials Senate: (2 for each state)- confirms members of the Judicial Branch appointed by the President The House: the power to initiate revenue bills, impeach federal officials, elect the President in the case of an Electoral College tie. Executive branch (law enforcing) - president, vice president, Cabinet, most federal agencies, The Executive Office of the President (EOP). -Carries out and enforces laws enacted by congress - President is Commander-in-Chief of the armed forces. - president Can give executive orders - president can veto laws passed by congress -President also appoints federal judges, the heads of more than 50 independent federal commissions, such as the Federal Reserve Board or the Securities and Exchange Commission -The President has the power either to sign legislation into law or to veto bills enacted by Congress - -The Executive Branch conducts diplomacy with other nations and the President has the power to negotiate and sign treaties, which the Senate ratifies. -President can issue executive orders (direct executive officers or clarify and further existing laws) -The President also has the power to extend pardons and clemencies for federal crimes. -President actively involved in agenda setting, policy formulation and adoption, and implementation -White house staff and EOP: involved in policy making process. Keep president informed Judicial branch (law interpreter). -consist of district courts (the trial court), circuit courts (first level of appeal) and the Supreme Court of the United States (the final level of appeal in the federal system). - the Supreme Court can declare an executive order unconstitutional. - have last say in policy. ex. Makes sure laws passed don't go against the constitution -sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. --Court decisions became precedent for how a law gets enforced -Have final say in what the law means. -Have some discretion in choosing a judicial remedy such as imposition of fines, probation, incarceration -The inferior courts are constrained by the decisions of the Supreme Court — once the Supreme Court interprets a law, inferior courts must apply the Supreme Court's interpretation to the facts of a particular case. -Supreme court decisions are binding on all other courts
separation of powers and check and balances
separation of powers: An act of vesting the legislative, executive, and judicial powers of government in separate bodies, leading to checks and balances so no branch of the government becomes too powerful. -The legislative branch makes laws, but the President can veto those laws -President can make treaties but congress has to ratify them -Memebers in the senate can use the filibuster rule as a tactic used by a minority group of members of the U.S. Senate who oppose and prevent the passage of a bill, despite the bill having enough supporters to pass it. The tactic involves taking advantage of the rule that 60 votes are needed to stop debate on a bill. -The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. -The executive branch, through the Federal agencies, has responsibility for day-to-day enforcement and administration of Federal laws but authority is given through congress -The President in the executive branch can veto a law, but the legislative branch can override that veto with 2/3 votes -The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office. -The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional. -The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations. -The judicial branch interprets laws, but the Senate in the legislative branch confirms the President's nominations for judicial positions, and Congress can impeach any of those judges and remove them from office.