Presidency American National Government
Secretary of Labor
Alex Acosta
Secretary of Defense
James Mattis
Activist Judges
Judges who are not reluctant to overrule the other branches of government by declaring laws or action of government officials unconstitutional. Another definition is someone who uses their own perspective to interpret what it says in the constitution and they are accused of judicial legislative.
Secretary of interiorr
Ryan Zinke
What does NATO represent
Security in our daily lives is key to our well-being. NATO's purpose is to guarantee the freedom and security of its members through political and military means. POLITICAL - NATO promotes democratic values and enables members to consult and cooperate on defense and security-related issues to solve problems, build trust and, in the long run, prevent conflict. MILITARY - NATO is committed to the peaceful resolution of disputes. If diplomatic efforts fail, it has the military power to undertake crisis-management operations. These are carried out under the collective defense clause of NATO's founding treaty - Article 5 of the Washington Treaty or under a United Nations mandate, alone or in cooperation with other countries and international organisations.
Rally Round the Flag
Short run widespread support of the president of the united states during periods of international crisis or war.
Activist of the President
The president practices a governing style based on the belief they have the duty to do whatever is necessary for national interest unless prohibited by the constitution
What is the senate based towards
The senate is based towards the small states since they are represented equally
who do senators represent
The state that elected them
Supreme Court with Bureaucracy
The supreme court can limit, can over turn what the bureaucracy is doing if they wish.
Conservative vs. Liberal
The terms "left" and "right" define opposite ends of the political spectrum. In the United States, liberals are referred to as the left or left-wing and conservatives are referred to as the right or right-wing. On the U.S. political map, blue represents the Democratic Party (which generally upholds liberal principles) and red represents the Republican party (which generally upholds conservative principles).
Theodore Roosevelt's "stewardship" theory
Theodore Roosevelt's "stewardship" theory was based off the idea that the president could do anything that the Constitution did not forbid. He believed the president to be a "steward" of the people and "to do all he could for the people." By exercising this type of power Roosevelt believed he was able to do what was necessary for the country and what it demanded. To watch out for the "common well-being" of the nation, Roosevelt believed this type of informal power had to be utilized.
Rigid Rules and Regulations
Think about Rutgers, Govern the organization and standard operating procedures, rules or conduct.
Secretary of commerce
Wilbur Ross
Literalism
adherence to the exact letter or the literal sense, as in translation or interpretation
Honeymoon period
The first 100 days of presidency with a high popularity rating.
Mandamus
("We command") is a judicial remedy in the form of an order from a superior court,[1] to any government subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.
Most important case is Marbury vs Madison 1803
-Remember the feds thought it be a good idea to have judicial review, but you read the constitution it was not there. This was the case that created judicial review, so the lane duck period is November - December is where the pass president is sort of ignored. John Adams was going out as president so Thomas Jefferson who was an anti-fed, before Adams went out he appointed many judges who were feds, the midnight judges.
5 Characteristics of a Bureaucracy -Rational Legal Bureaucracy
1 Hierarchy organized so that each level is received responsible to the one above it. He was worried about the bureaucrats having technical expertise so they can control the instrument of government and other scholars. 2 inflexible 3 Big reliance on paperwork and forms 4 Lower level workers are indecisive 5 Resistant to change. Note: Iron triangles. Supposed to be non-partisan. Neutral in politics and parties.
Nine people on the court.
1. Chief Justice ( John Roberts) Full Court Under: 2. Sonia Sotomayor ( appointed by Obama, which makes her " liberal & Activist" ) 3. Ruth Bader Ginsburg (Appointed by Clinton "liberal & Activist" ) 4. Elena Kagan (Appointed by Obama ( Liberal & Activist) 5. Clarence Thomas (Appointed by George W. Bush " Conservative & Restraintist" ) 6. Anthony Kennedy (Appointed by Reagan so ???? so he can go both ways) 7. Neil orsuch (Appointed by Trump so Conservative & Restraintist possibly) 8. Samuel Alito ( Appointed by George W. Bush so Conservative & Restrainist) 9. Stephen Breyer ( Appointed by Bill Clinton so Liberal and Activist)
Agents of socialization
1. Party I.D.: It's the psychological attachment to a political party and the likelihood for voting for that party in a lifetime. 2. The schools: the main political attitude the symbols of the nation and the patriotism 3. Church: Mostly with issues like pro-life, or prayer in schools 4. The media: Attitudes; 5. Peers:
In order to reach supreme court through
1. certification, in a case the lower federal court throw up their hands. They don't know what to do. 2. Going up the ladder 3. Unit of certionari: I want you to hear my case and it takes four justices to agree.
How many members of Trump's cabinet
15 members
How many people on the Supreme Court
9 people
Executive privilege
A claim that the president does not want to allow certain information to be available to the public.
Excuse for executive order
A common excuse is a national security at risk.
DEFINITION of 'Writ'
A legal document written by a judge or other body with administrative or judicial jurisdiction, such as a court, that orders the person to whom it is addressed to perform or cease performing a specified action. Writ of habeas corpus, for example, can be used to evaluate the constitutionality of criminal convictions delivered by state courts. Another writ in current use by the U.S. federal courts is the writ of certiorari, which is issued by the Supreme Court of the United States to a lower court to review that court's judgment for legal error or when no appeal is available.
Coalition of Minorities
A president's electoral coalition is unstable because it represents different minority-voter blocks rather than an actual majority mandate.
War powers act of 1973
After the Vietnam War Nixon veto it but congress was able to override it.
Executive Agreements
Agreement between the president and a leader or leaders of another nation or nations. Like a treaty but it does not need Senate approval.
Bureaucracy definition
An organizational scheme for arranging large institutions to preform multiple tasks. The dominant form of organization in the specter in most business and government.
Secretary of Housing and Urban development
Ben Carson
Secretary of Education
Betsy Devos
Roles of the President
Chief, head of state and the symbol of a nation
Nixon Executive order
Claimed by President Nixon when he was trying to keep the information of Watergate from the people. The court overturned his claim of executive privilege in order to release the water gate tapes, but he supposedly had his secretary erase all the tapes.
Lend lease Act
Congress authorized the sale, lease, transfer or exchange of arms and supplies to any country whose defense the President deems vital to the defense of the United States
When will Congress relinquish power?
Congress can sometimes relinquish their power to the president when in crisis.
What is congress legislative limitations
Congress will pass legislative limitations laws that limit what the president cannot do.
What is Max Weber Ideal Type
Created as an outline so that you can take that type and apply it to reality and see how one might not fit the ideal model and what is the problem with the bureaucracy to begin with.
Secretary of Veterans Affairs
David Shulkin
Impersonal
Don't tell me your problems , you can only do X cause the rules say that Like not being de-registred due to not having the money and Rutgers wont give you a break.
What are structural limitations
Each constituency represents a different body, each constituency has a different time frame and different parties.
Division Of Labor and Specialization:
Each person is an expert in their own way in their particular area within their job.
Secretary of Transportation
Elaine Chao
Checks (of how the court limits itself) Are like bureaucracy with external checks.
External Checks How the other branches check the court 1. The president can check the court through appointment power however the president can't always count on their being an opening. Once he appoints them they have tenure and sometimes their appointments don't behave the way he/she wanted them too and again they can't count on the clashes. 2. Court packing case, so remember what FDR did during the great depression. He added more people to the court. The president can now appoints more people to court to change the number of votes to go their way. 3. Congress can check the court and when the presidents appoints and the senate has to give consent and advice, also if the congress if they don't like the court decisions they can propose an constitutional amendment, also the congress can pass a law that changes the impact of the court. Henry Hyde proposed an act that limited what women or where they can get abortions by the federal govnt. 4. The court wants to remain legitimate, so public opinion can check them so they remain "popular'
Internal Checks
First bureaucracy is stubborn ad is super hard to change like a social work agency. Internal polities, government strangers. This is through inability to carry out a comprehensible policy. - top bureaucrat don't get along with the bottom
Who was the first person to do a study on bureaucracy in a scholarly way.
First to study bureaucracy in a scholarly way was German sociologist Max Weber
Franklin D Roosevelt
Franklin Delano Roosevelt January 30, 1882 - April 12, 1945, commonly known as FDR, was an American statesman and political leader who served as the 32nd President of the United States from 1933 until his death in 1945. A Democrat, he won a record four presidential elections and emerged as a central figure in world events during the mid-20th century. He directed the United States government during most of the Great Depression and World War II. As a dominant leader of his party, he built the New Deal Coalition, realigning American politics into the Fifth Party System and defining American liberalism throughout the middle third of the 20th century. He is often rated by scholars as one of the three greatest U.S. Presidents, along with George Washington and Abraham Lincoln.
What are max's characteristics study
He describes bureaucracy's characteristics systematically and use that model to study reality.
Max Weber thoughts on western society
He was interested in its effect in western society and believed it was a distinguishing trait.
Hierarchically Organized
If it's a business it is organized in a pyramid with the CEO in the top, then the VP's, then the upper management, the middle the lower, then the workers.
Law of what the president cannot do concerning sending troops
If the president is sending in troops, then he must notify congress ahead of time. If an emergency occurs, then he must inform congress within 48 hours.
What is the Iron Triangle?
In United States politics, the iron triangle comprises the policy-making relationship among the congressional committees, the bureaucracy, and interest groups.
Checks (of how the court limits itself) Are like bureaucracy with internal checks.
Internal Checks: 1. How the court limits itself, the court has not power of initiative 2. They have no enforcement power, so if they make a decision they have to count on the branches to enforce it. 3. Limited on the number of cases they receive throughout the year. First thing to turn down the cases: 1. They stand down the case ( or you have no been harmed by the law so too bad) 2. The restraints way the doctrine of political question ( the court will say this is not a political decision the legislature care for it. 3.Doctrine of the original intent ( they say that framers didn't think this so we can't do anything about it) 4.The law of precedent, instead of making a new and different decision they let the precedent stand.
Limitations on Bureaucracy
Internal limitations that they impose on themselves and eternal limitations come from other branches of government.
Subject to internal politics on limitations on bureaucracy
Internal political fighting
Bureaucracy
It could not give moral or spiritual values: so do we want government to give that? Not really but integrity.
In what event was the Lend Lease Act created
It was created in WWII from President Franklin D. Roosevelt.
Example of a court decision that created a law Roe vs Wade
January 22, 1973 - The US Supreme Court, in a 7-2 decision, affirms the legality of a woman's right to have an abortion under the Fourteenth amendment to the Constitution. 1971 - The case is filed by Norma McCorvey, known in court documents as Jane ROE against Henry WADE, the district attorney of Dallas County from 1951 to 1987, who enforced a Texas law that prohibited abortion, except to save a woman's life. The Case: The Constitutional Question: Does the Constitution embrace the right of a woman to obtain an abortion, nullifying the Texas prohibition? The ruling allows for legal abortions during the entire pregnancy, but set up conditions to allow states to regulate abortion during the second and third trimesters. The Decision: The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman a right to abortion during the entirety of the pregnancy and defined different levels of state interest for regulating abortion in the second and third trimesters.
Attorney General
Jeff sesiona
Secretary of Homeland security
John F Kelly
Who is the chief Justice
John Roberts a Liberal restrained appointed by President George W. Bush
Restrained Judges
Judges who are reluctant to overrule the other branches of government by declaring laws or actions of government officials unconstitutional. In short stick to the letter of the law and only use what the constitutional says. Most likely to use the framers argument.
Sunset Clause
Limited by a clause they will say they will create the policy and here are all the rules. They will set a time limit and we are going to examine it at that time and if it worked they will continue the finding but if NOT they will sunset or stop funding it and let it die.
How was judicial review established
Marbury v. Madison, arguably the most important case in Supreme Court history, was the first U.S. Supreme Court case to apply the principle of "judicial review" -- the power of federal courts to void acts of Congress in conflict with the Constitution. Written in 1803 by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive. The facts surrounding Marbury were complicated. In the election of 1800, the newly organized Democratic-Republican party of Thomas Jefferson defeated the Federalist party of John Adams, creating an atmosphere of political panic for the lame duck Federalists. In the final days of his presidency, Adams appointed a large number of justices of peace for the District of Columbia whose commissions were approved by the Senate, signed by the president, and affixed with the official seal of the government. The commissions were not delivered, however, and when President Jefferson assumed office March 5, 1801, he ordered James Madison, his Secretary of State, not to deliver them. William Marbury, one of the appointees, then petitioned the Supreme Court for a writ of mandamus, or legal order, compelling Madison to show cause why he should not receive his commission.
Example of a court decision that created a law Obergefell v. Hodges
Obergefell v. Hodges, is a landmark United States Supreme Court case in which the Court held in a 5-4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
What is the effect of Political Limitations
Opposite party stops passing things and congress controls the budget.
Executive Order
Order signed by the president that has the force of law in which does not need congressional approval
Meritocracy
People are hired, fired and promoted on their own merit.
Bill Clinton popularity
President Bill Clinton did not have a honeymoon period since his highest popularity was at the end of his term.
Why in Presidency election focus on larger states
President is more focused on the larger states since they give the most elector votes during re-election.
Internal Limitations
Resistant to change
Secretary of State
Rex Tillerson
Secretary of Energy
Rick Perry
Secretary of agriculture
Sonny Perdue
Political socialization
Started during WWII when scholars looked at why we had stable democracy in US and Britain and how Fascist raised in Germany, Italy, and Japan. Immigrated to NYC from Germany, one was professor Seagull. Socialized on you as a child it a life longing thing. The process where by an individual learns his/her political attitudes, beliefs, and behaviors. They wanted people or the starting point of socialization, what were the social spaces. The first one is the family which makes sense, because they are the main teachers of the political attitudes.
Secretary of Treasury
Steven Mnuchin
Max Weber Bureaucracy Theory
The German Sociologist was the first to study this and the systematic way and talk about it's effect on society. To look at the positive and negatives of bureaucracy and he created a rational legal bureaucracy . A frame work of study existing bureaucracies .
The War Powers Act of 1973
The War Powers Resolution was passed in 1973 by both Houses of Congress, overriding the veto of President Nixon. It was passed to reassert Congressional authority over the decision to send American troops to war.
Congress power to check Bureaucrats
The congress can check them and they will be more successful than the president. They can reject an appointment, can increase or decrease funds to an agency,. They can change the laws in an agency or eliminate the agency completely if the wanted to. The congress can investigate or over sight they bureaucracy .
What is the meaning of NATO
The most important players in the North Atlantic Treaty Organization are the member countries themselves. Currently there are 29 countries Members. NATO membership is open to "any other European state in a position to further the principles of this Treaty and to contribute to the security of the North Atlantic area." NATO also has what it calls the Membership Action Plan. It helps aspiring members prepare for membership and meet key requirements by providing practical advice and targeted assistance.
External Limitations
The president can control it through budget cuts or increase the budget to do more, can control check through executive orders.
Literalist:
The president could not do anything that the constitution did not permit. + --------
Checks on bureaucracy
This is the congress. External and internal
Secretary of Health and Human services
Tom Price
BREAKING DOWN 'Writ'
Warrants and subpoenas are common types of writs. A warrant is a writ issued by a judge or magistrate that allows a sheriff, constable or police officer to search a person or property (search warrant), arrest an individual or individuals (arrest warrant) or execute an individual who has been sentenced to death in a trial court (execution warrant). A subpoena is a writ that compels a witness to testify or compels an individual or organization to produce evidence. Certain writs have been eliminated because relief that used to be available only through a writ is now accessible through a lawsuit or a motion in a civil action. Read more: Writ http://www.investopedia.com/terms/w/writ.asp#ixzz4lzSMU5nH
William Taft's "literalist" theory
William Taft's "literalist" theory was based on the idea that the president could not do anything that the Constitution did not permit. He believed that a president's "jurisdiction must be justified and vindicated by affirmative constitutional" provisions, or else those powers do not exist. Taft argues that by giving the executive informal powers is not only limitless, but also unsafe, creating the potential to invade upon private right.
When was the power of the president necessary to solve an issue?
World War I, World War II, the Depression, and the gulf war.
Zoning:
a local community Is going to designing where the industrial setting is going to be, the single homes are, etc
What is hierarchy
a system or organization in which people or groups are ranked one above the other according to status or authority. the upper echelons of a hierarchical system; those in authority. noun: the hierarchy. an arrangement or classification of things according to relative importance or inclusiveness.
certiorari"
a writ or order by which a higher court reviews a decision of a lower court. "an order of certiorari"
Activist
advocating or opposing a cause or issue vigorously, especially a political cause
Judiciary Act of 1789-
an order to public officials to do their job, so marbury asked Madison for his certification and they said no. Congress pass this it was unconstitutional by going against the separate of powers, the court had the power of judicial review since then
Liberals
believe in government action to achieve equal opportunity and equality for all. It is the duty of the government to alleviate social ills and to protect civil liberties and individual and human rights. Believe the role of the government should be to guarantee that no one is in need. Liberal policies generally emphasize the need for the government to solve problems.
Conservatives
believe in personal responsibility, limited government, free markets, individual liberty, traditional American values and a strong national defense. Believe the role of government should be to provide people the freedom necessary to pursue their own goals. Conservative policies generally emphasize empowerment of the individual to solve problems.
What is Judicial review
is the practice whereby courts can declare that laws made by Congress or by the state legislatures are invalid because they violate the Constitution.Aug 26, 2015
What is nonpartisan
not biased or partisan, especially toward any particular political group. synonyms: unbiased, impartial, neutral, objective
Restraints' (R)
stick to the law how it is written; if the law says X that is how it is going to be). The framers think we shouldn't then we shouldn't! Don't engage in judicial legislating (what activist are accusing of) make decisions in law and judges shouldn't be making laws only congress. So i.e. Roe vs Wade
William Murbury
was to be appointed and was appointed and his name was sent for confirmation and was confirmed. The next step the secretary of state to issue an certification for confirmation but James Madison was the incoming secretary of state and was an anti-feds and soon refused to send the certification.
Jurisdiction of the court:
• what they are responsible for. • A pellet (the case come up the ladder/ field) the supreme court is the last resort. Most of the cases come under appeal. • *Original jurisdiction: Where the original case it tried at the supreme court or starts them at the supreme court. How does it get there? First ask the subject matter and if it involved the U.S. Constitution, U.S. Laws, U.S. Treaties, and admiralty law • *Then you ask who are the parties to the case? • -United States - If one state is suing one state - If it is a state Vs. an individual from the other state - If it involves ambassadors, ministers, administers When it comes to decisions, it comes to decision 9:0 Unanimous (They are the majority opinion; different legal reasoning: concurring opinions) 8:1, 7:2, 6:3, 5:4 (Dissenting opinions
