Political Science Test 2

6 stages of the policy making process: what occurs at each stage?

1. Agenda Setting: This is the first stage where issues are recognized and placed on the political agenda. This is the process by which certain issues gain the attention of policymakers and the public.

2. Policy Formulation: Once an issue is recognized, this stage involves the creation and development of policy proposals that can address the problem.

3. Policy Legitimacy: In this stage, the policy proposal must gain formal approval to become law. This is when policies undergo political and legal scrutiny.

4. Resource Allocation: This stage involves allocating the necessary financial and human resources to implement the policy.

5. Policy Implementation: This is when the policy is put into action by the appropriate government agencies, organizations, or actors.

6. Policy Evaluation: After the policy has been implemented, it is assessed to determine whether it achieved its goals and if it should continue, be modified, or be discarded

primary function of each of the three branches of national government

• Executive: enforces and implements laws

• Legislative: make laws 

• Judicial: interprets laws/solves legal conflicts

Qualifications for President and Vice President (Article II, Section 1)

1. Natural-born citizen: Must be a natural-born citizen of the U.S.

2. At least 35 years old.

3. 14 years a resident within the U.S: Must have lived in the U.S. for at least 14 years.

Term of Office: 4 years: The president and vice president serve a 4-year term, with the possibility of re-election.

22nd Amendment (1951)

Limits presidential terms: A president can only serve two terms (8 years), or a total of 10 years if they took office as vice president and served more than 2 years of the previous president's term.

12th Amendment (1804)

Revised the election process: It changed the way the president and vice president are elected, ensuring that electors cast separate ballots for each. This was in response to the election of 1800, which led to a tie between Thomas Jefferson and Aaron Burr.

23rd Amendment (1961)

Gave Washington, D.C., electoral votes: Allowed residents of Washington, D.C. to vote in presidential elections, granting them three electoral votes.

President’s expressed (powers enumerated in US Constitution)

1. The president is commander-in-chief of the military 

2. The president can pardon (federal/national offenses)

3. The president has the power of reprieve- temporary delay of a punishment

4. Negotiate treaties

5.  Appoint federal judges and justices

Congressionally delegated presidential powers (statutory powers)

powers that are found in legislation. Congress passing legislation that gives the president some additional power

Budget & Accounting Act (1921)

centralized the U.S. federal budgeting process. It created the Bureau of the Budget (now part of the Office of Management and Budget, OMB), responsible for preparing the president’s annual budget proposal to Congress. The Act also required standardized accounting procedures across federal agencies and improved financial oversight. It increased presidential control over budgeting and led to the creation of the General Accounting Office (GAO), now the Government Accountability Office, to audit federal spending. This Act aimed to enhance efficiency, transparency, and accountability in government finances.

War Powers Act (1973)

limits the president’s ability to send U.S. troops into combat without congressional approval

1. The president must notify Congress within 48 hours of military action.

2. Troops can stay for 60 days (with a 30-day withdrawal period) without congressional authorization.

If Congress does not approve, the president must withdraw troops. The Act was designed to limit presidential power after the Vietnam War, but its effectiveness has been debated.

National Emergency Act (1976)

 outlines how the president can declare a national emergency.

1. The president must notify Congress within 48 hours of declaring an emergency.

Emergencies can last no longer than a year without congressional approval.
The Act provides a framework for emergencies but allows significant presidential discretion, raising concerns about its potential misuse.

Inherent presidential powers

executive orders: are directives issued by the president to manage the operations of the federal government.

executive privilege: is the president’s right to withhold certain information from Congress, the courts, or the public to protect confidential communications within the executive branch.

executive agreements; are international agreements made by the president without the need for Senate approval, unlike treaties, which require a two-thirds vote from the Senate.

signing statements; are written declarations issued by the president when signing a bill into law.

Unitary executive theory

• What the power of the president should be 

• The idea that the constitution puts the president in charge of executing the laws and, therefore, no other branch may limit presidential discretion over unitary matters 

• No one can supersede/ disagree with the president 

• President cannot be challenged 

• Counters checks and balances

Imperial presidency

• President is demonstrating king-like authority 

• No one can question the president 

• The republic is morphing into an empire, not a representative checks and balances democracy 

• Going back to an autocratic leader

Challenges to presidents achieving their goals

-Congress is a barrier. They have to introduce legislation and approved by both chambers before it goes to president 

- Courts are a barrier. Challenge his ability to accomplish what he wants. 

- State governments. Through attorneys general or through governors can sue/bring lawsuits to what the president (and congress) does. 

- Media. Can be an asset or a barrier. How they present things, how much they put the president in the news/ ignore them. 

- Roles of media organizations: see themselves as being a watchdog for the citizens. They will report on something they see as problematic. 

- Political parties. Using the media to let others know they are not happy. The “out” opposing party. 

- Foreign countries/ things happening around the globe. If a crisis makes things a challenge for us, the president’s original plan can go to shit. If there is a national threat, “rallying around the flag”- put aside partisanship and rally together. Presidents can use this to address the threat”

Leverage president may have to accomplish his goals

“bully pulpit”; is the president's use of the office to publicly promote policies and influence public opinion.

 going public: refers to a strategy where the president appeals directly to the American people to gain support for their policies, often through speeches, media appearances, or social media.

approval rating/ polls; measure public support for the president.

crisis & rallying around the flag: refers to the boost in public support a president often receives during a national crisis, such as war or disaster.

unified government; occurs when the president's party controls both the executive branch and both houses of Congress.

U.S. president’s roles

nation’s leader (inherent); As the symbolic leader of the nation, the president represents the unity of the country and provides direction during times of national significance.

commander-in-chief (enumerated and delegated); The president has control over the U.S. military and can direct military actions, though only Congress can declare war.

top diplomat (enumerated & inherent);The president manages U.S. foreign relations, negotiates treaties (with Senate approval), and appoints ambassadors

first legislator (enumerated & delegated & inherent); The president has the power to propose legislation, veto bills, and influence the legislative agenda.

chief bureaucrat (chief executive officer--CEO) (enumerated, delegated, & inherent); The president oversees the executive branch, ensuring that laws are faithfully executed. This includes appointing officials and managing federal agencies

economist-in-chief (delegated & enumerated); The president plays a major role in managing the U.S. economy, proposing budgets, setting fiscal policy, and addressing economic crises.

head of state (inherent); The president serves as the ceremonial leader of the country, representing national unity during celebrations, crises, and diplomatic events.

party leader (tradition); ​​While not formally written into the Constitution, the president typically leads their political party, setting the direction and influencing its policies and campaigns.

Vice president; Article I powers/responsibilities

1. President of the Senate

2. Casting Vote

3. Succession to the Presidency

Vice President Article II powers/responsibilities

1. Succession to the Presidency

2. Presiding Over the Senate

3. Certification of Electoral Votes

 25th Amendment powers & process to fill vice president vacancy

1. Presidential Succession

2. Filling a Vice Presidential Vacancy

3. Disability and Temporary Transfer of Power

Cabinet

group of senior officials selected by the president to head the executive departments and provide advice on major policy and national issues. The Cabinet includes the secretaries of 15 departments, the vice president, and additional officials the president may appoint.

secretaries of 15 departments

Department of State, Department of Defense, Department of the Treasury, Department of Justice, Department of the Interior, Department of Commerce, Department of Labor, Department of Health and Human Services, Department of Housing and Urban Development, Department of Transportation, Department of Energy, Department of Education, Department of Veterans Affairs, Department of Homeland Security.

vice president

 their role is generally more limited to presiding over the Senate and taking over the presidency if the president is incapacitated, resigns, or dies. The vice president is often called upon to serve as an advisor to the president and represents the administration in certain diplomatic or political situations.

other government officials as determined by the president

• U.S. Trade Representative: Focuses on trade negotiations and policies.

• Director of National Intelligence: Oversees the nation’s intelligence community.

• Administrator of the Environmental Protection Agency (EPA): Manages the nation’s environmental policy and regulations.

Executive Office of the President (EOP) includes

•  Created to give the President more staff and more people to help; advise president 

• Almost 2000 administrators and advisors who help on a daily basis 

• Stay in their jobs when new presidents come in because they do have expertise and help with transition

White House Office

The people who are closest in working daily with the president, 400/2000 aids and associates 

• Chief of staff- most important position 

• President appoints whomever he/she wants. Gatekeeper for the president- controls the flow of people meeting with the president 

• Vital advisor to the president 

•  Press secretary 

• General council

chief of staff is primary gatekeeper to the president

plays a critical role in managing the flow of information and decisions within the White House and the administration.

Office of Management & Budget (OMB)

The most powerful agency in the executive branch, has its hands on budget process, help president put together budget, watching implementation of budget 

• Cost-benefit analysis- show that its worth the cost to implement 

• Originally bureau of the budget- 1921

 Council of Economic Advisers (CEA)

 is a group of economists within the Executive Office of the President. Its main job is to advise the president on economic policy, analyze economic trends, and provide recommendations. 

1. Economic Advice: Offers expert guidance on issues like inflation, unemployment, and economic growth.

2. Economic Reports: Prepares the Annual Economic Report of the President.

3. Policy Recommendations: Advises the president on economic decisions, including fiscal policies and regulations.

4. Coordination: Works with other agencies like the Treasury and Federal Reserve.

The CEA typically consists of three members, including a Chairperson who is appointed by the president.

 National Security Council (NSC)

advises the president on national security and foreign policy matters and coordinates efforts across government agencies.

1. Advises the President on security issues like military and foreign relations.

2. Coordinates policy across agencies (Defense, State, intelligence).

3. Manages crises and helps develop security strategies.

Structure:

• Led by the President, includes the Vice President, Secretary of State, Secretary of Defense, and the National Security Adviser. The NSC ensures a unified approach to national security

First Spouse; public expectations of first lady (traditional responsibilities)

Not an elected official/no constitutional roles, No pay, no job description, Expectations are gendered 

• Pet project- some kind of advocacy work/social project 

• Not controversial 

• Involved as a diplomat- white house social hostess 

• Who sits where- gets political, get people talking 

• Take on diplomatic roles 

• Stand in place of their spouses to help them campaign 

White House Personnel Authorization Act (1978)

No spouse, these resources and roles can be delegated to a relative of the president’s choosing, Not a government official, but can be. aimed to streamline and regulate the staffing process for key positions in the White House and executive offices. It established clearer guidelines for appointing top officials and improving the efficiency and transparency of presidential appointments.

Association of American Physicians & Surgeons vs. Hillary Rodham Clinton et al. (1993)

was a lawsuit filed by the AAPS against Hillary Clinton and others involved in the Clinton administration's health care reform efforts. The AAPS challenged the development of the Health Security Act, claiming that the process lacked transparency and violated constitutional rights to public participation. The case ultimately did not succeed, and the reform proposal failed to pass, marking a significant setback in the Clinton administration's push for healthcare reform.

Bureaucrats

 are government officials or civil servants who work in administrative roles to implement and manage public policies and programs. They are usually hired based on expertise and merit, rather than elected, and play a key role in day-to-day operations of government, handling tasks like rule enforcement, regulation, and public service delivery.

political appointees (patronage system)

are individuals chosen by elected officials (like the president or governors) to fill important government positions. Under the patronage system, these appointments are often based on political loyalty or support rather than merit. Appointees are typically expected to carry out the policies of the administration that appointed them

serve at the pleasure of the president or fixed terms

means that certain political appointees can be removed from their positions by the president at any time, without cause; refer to positions where appointees or officials serve for a set period, and their tenure is not dependent on the president's wishes.

 civil servants (merit based, civil service system

 hiring based on merit; (bulk of people in gov)- get their job through a merit system. There is a list of qualifications for a job. Minimum qualifications must meet. Discrimination is illegal.

job protections

 can’t be fired except for cause. Due process and need cause to fire them

mal-feasanc

 you’re doing your job in a way that is either illegal or against the rules of the agency you’re working with

mis-feasance

just not being a good/competent worker

non-feasance

just not doing your job

due process before being fired

 means government employees must be given fair notice and a chance to respond before being dismissed. It ensures terminations are not arbitrary and allows employees to challenge unfair actions.

Expectations of bureaucracies & bureaucrats

efficiency;Complete the task without waste of time, funds, staff, equipment, etc. effectiveness; responsiveness; accountability; equal treatment; neutral competence; political neutrality 

Pendleton Civil Service Act (1883)

 created a merit-based system for hiring government employees to improve public service quality. Before this, jobs were given based on elections or political appointments (known as the Spoils System), where elected officials could hire anyone they wanted. The Act aimed to reduce corruption by hiring based on skills and knowledge, not political connections. Initially, it applied to 10% of jobs, but over time, more jobs were added, and by the 1970s, 90% of government workers were hired based on merit.

Hatch Act (1939 plus amendments)

 to protect merit civil servants from politics. This act put limits on the ability of merit based civil servants to participate in politics.

1940 Amendment: The Hatch Act applied to state and local government employees who received federal funding.

1974 Amendment: Federal employees could run for nonpartisan office, but still couldn’t campaign while on the job. They could do limited political activities in their free time, as long as it didn’t interfere with work.

1993 Amendment: Federal employees could run for nonpartisan office or join political groups in their free time, as long as it wasn’t part of their official work.

2012 Amendment: The Hatch Act was updated to allow most federal employees to run for office, contribute to campaigns, or volunteer for political parties, as long as it was done outside of work hours.

Civil Service Reform Act (1978)

Reaffirmed that we want a merit based civil service 

• Put more substance into law explaining due process and MBCS 

• About ability to hire good quality civil servants and fire bad quality 

• MSPB- merit system protection board is where people could complain and get an investigation 

• OPM- office of personnel management is the central hiring body

Weber’s Ideal Bureaucracy

how organizations or governments should be structured for efficiency and effectiveness. In simple terms, it describes an ideal way of organizing work and decision-making to make sure everything runs smoothly.

 characteristics of bureaucratic organization

• Hierarchy (vertical chain of command), everyone has a supervisor above them. The US President is responsible to the American People. 

• Division of Labor – work that is needed to be done is divided. People with the right competencies are hired to do the right work. 

• Specialization of Task- ex. Teachers teach, they don’t work in the financial office

• Standard Operating Procedures (SOPs)- standard ways in which they do things. Make sure they understand how to do their job; procedures that are seen as the best way to get things done/what we know will work without wasting resources and being efficient and held accountable. 

• Rote following: bureaucrats keep following procedures even if they are not working/match the person who you are under. Not using my own discretion. SEEN AS A PROBLEM 

• Equal Opportunity- based on K, S, A’s; hiring competent people, and if you improve them, you will have an opportunity to move up in the hierarchy and have a career 

• Written Rules & Records- documentation so that everyone understands what the procedures are and how they are followed 

Bureaucratic pathologies

are problems that can arise in bureaucratic organizations. Some common ones include:

1. Red Tape: Too many rules and paperwork, slowing down work.

2. Inflexibility: Sticking to old rules even when they don't work.

3. Lack of Innovation: Little room for new ideas or creativity.

4. Silo Mentality: Departments working in isolation, leading to poor cooperation.

5. Inefficiency: Focusing too much on procedures rather than results.

6. Goal Displacement: Following rules more than achieving goals.

7. Alienation: Employees feeling disconnected from their work or mission.

rote following of SOPS

means sticking to the rules and procedures without thinking about whether they’re the best way to solve a problem. It can make things slow and less flexible because people focus only on following steps instead of finding better ways to do things.

imperialism

happens when parts of an organization try to gain more power than they need. Power struggles between departments, Hoarding resources to get more than necessary, Inefficiency because the focus is on growing power instead of doing the job well.

striving for survival of agency

happens when a department or organization focuses more on staying alive and keeping its power than on doing its job well.

 turf wars

who should be in charge  between the FBI and CIA: FBI- domestic: investigate things that have happened CIA- global: prevent things from happening.

lack of coordination

provide favors or services to certain groups or individuals in exchange for political support or personal gain

 “the deep state”- (career civil servants v.presidential loyalists)

a group of career government workers (who stay in their jobs no matter who is president) secretly control or influence government decisions, sometimes working against the president's goals.

• Career Civil Servants: These are long-term government employees who remain in their jobs across different presidencies and focus on keeping things stable.

• Presidential Loyalists: These are people appointed by the president, who serve based on their loyalty to the president’s agenda.

authorization legislation

When a new law is passed by lawmakers, bureaucracies (government agencies) are given the job of putting that law into action. Bureaucrats help create rules, enforce the law, manage the program, and sometimes adjust it over time to make sure it works as intended. They rely on authorization legislation to give them the authority to carry out these tasks.

administrative rulemaking according to Administrative Procedures Act (1946)

makes sure that when agencies create or change rules, they do it openly and fairly. They announce it, take public feedback, make necessary changes, and then finalize the rule. People can also challenge the rules in court if they think something went wrong.

policy implementation

by turning laws into clear rules, running programs, enforcing the rules, and adjusting things when needed. They make sure the policy gets carried out and report back if anything needs to be changed.

street-level bureaucrats

who we get services from/who enforces the law Ex. Postal workers, FBI agents, social security administration

shadow bureaucrats

not government employees, but they help implement policy through individual or employer contracts

state & local bureaucrats

government workers at the state and local levels (like in cities, counties, or states) who help carry out policies, laws, and services in their communities.

contracted organizations/ outsourcing

refer to when government agencies or organizations hire outside companies or groups to perform certain tasks or services instead of doing them within their own bureaucracy.

Chevron doctrine overruled by US Supreme Court in June 2024 with a 6-3 decision;

it said that Congress could give government agencies the power to interpret unclear parts of laws. Courts would usually let agencies make these interpretations when they were challenged. In 2024, the Supreme Court overturned this rule, meaning now Congress must write clearer laws. This way, agencies don’t have to figure out how to carry out the law on their own.

Major questions doctrine

Administrative agencies need explicit authorization from Congress before making decisions that can impact the economy. This is a proposed and actively being implemented doctrine.

How can a government of 2.6 million unelected, civilian employees function democratically?

Although bureaucrats are unelected, they follow strict rules and are held accountable through elected leaders (like the president and Congress), public participation, and oversight by courts and the public. This ensures the government remains democratic, even with so many non-elected employees.

politics-administration dichotomy (an ideal, not a reality)

 a theory that suggests there should be a clear separation between political decisions and administrative actions in government. In simple terms, it means that elected officials should make political decisions (like setting policies), while bureaucrats or civil servants should carry out those decisions without political interference

presidential controls

ways the president can influence or manage the executive branch and its agencies, ensuring that the government functions according to the president's agenda and priorities

congressional controls

the powers and tools that Congress (the legislative branch) uses to influence and oversee the executive branch and its agencies. These controls help ensure that government agencies are implementing laws and policies in line with Congressional intent.

court controls

refer to the ways that the judicial branch (courts) influences the actions of the executive branch (including bureaucrats and agencies) and ensures that laws and policies are carried out within the bounds of the Constitution

 popular controls

refer to the ways that citizens (the public) can influence and control the actions of the government, including bureaucrats, elected officials, and agencies. These controls ensure that government actions align with the will and needs of the people.(all before is external controls)

internal controls

 refer to the systems, processes, and procedures that are put in place to ensure that government agencies or organizations operate effectively, follow the law, and prevent corruption, fraud, or inefficiency. These controls are internal, meaning they come from within the agency or organization itself, whistleblower protection

Organization of the national bureaucracy

refers to the structure of the federal government agencies that carry out laws and policies.

cabinet departments

which are the major administrative units in the executive branch. These departments are responsible for implementing and enforcing federal laws and policies within their areas of focus

 independent administrative (executive) agencies

 part of the federal bureaucracy but are distinct from the cabinet departments in terms of their organization and how they operate. These agencies perform specific tasks, often related to regulating certain sectors or managing government programs. While they are part of the executive branch, they are more independent from direct presidential control than cabinet departments.

 independent regulatory commissions/boards

are specialized agencies within the national bureaucracy that have the authority to regulate specific industries or sectors of the economy. These agencies are designed to operate independently from the president and the executive branch to ensure that their decisions are based on expertise and not political influence.

public corporations

are government-owned businesses that operate like private companies. They provide services or products to the public, often in areas where private businesses might not be interested or able to do so. These corporations are self-funded, meaning they make money through the services they provide, rather than relying on tax dollars.

Article III: established the US Supreme Court; left it to Congress to establish other “inferior” courts; “serve during good behavior”; jurisdiction of national courts

creates the judicial branch of the U.S. government. It establishes the Supreme Court and allows for the creation of lower courts. It ensures that judges serve for life, protects their pay, and defines their powers, including their role in interpreting federal laws and handling disputes. It also defines treason and the rules for convicting someone of it.

the primary function of the judicial branch is to resolve legal conflicts categories/sources of law: constitutions; legislation; executive orders; administrative law; common law

 resolve legal conflicts by interpreting and applying the law to specific cases. This means that courts, especially the Supreme Court and other federal courts, make decisions on legal disputes, ensuring that the laws are followed and justice is served.

Constitutions

supreme law of the land. It sets the framework for the government and outlines the fundamental rights and freedoms of citizens. All laws must align with the Constitution, and courts use it to guide their decisions, especially when there are questions about whether a law violates constitutional rights. 

Legislation

refers to laws made by Congress or other legislative bodies. These laws are written down and passed to address specific issues. Courts use these laws to decide cases, ensuring they are applied fairly and consistently.

Executive Orders

directives issued by the President or other executive officials. These orders have the force of law, but they are subject to judicial review. Courts may be asked to determine whether an executive order is legal and consistent with the Constitution.

Administrative Law

involves rules and regulations created by government agencies (such as the EPA or the SEC). These agencies have the power to regulate specific areas, like the environment or financial markets. Courts interpret these rules when disputes arise about how they should be applied.

Common Law

law developed through court decisions rather than written statutes. When courts make rulings, they create precedents (previous decisions that guide future cases). Common law evolves over time based on judicial interpretations and the need to address new legal issues.

Is the judicial branch the least dangerous and weakest branch of national government?

Hamilton said: They can't enforce laws. They can’t be proactive and have to wait for a case to be brought to them. The other branches have a say in terms of the government spending money. 

Judicial review

 is the power of courts to check whether laws or actions taken by the government (such as Congress or the President) are constitutional.

Marbury v. Madison (1803)

is a landmark case in U.S. history because it established the principle of judicial review. This means that the Supreme Court has the power to review laws and government actions to determine whether they are constitutional. (Power of Judicial Review). Power to courts to determine what is and isn't constitutional. 

Plessy v. Ferguson (1896)

Supreme Court case that said racial segregation was legal as long as the separate facilities were "equal."

Brown v. Board of Education of Topeka, Kansas (1954;1955)

was a Supreme Court case that declared racial segregation in public schools unconstitutional. The Court said that separate schools for Black and white children were inherently unequal and violated the 14th Amendment's promise of equal protection. This decision helped end legal segregation in schools and was a major step in the Civil Rights Movement.

Judicial independence

means that judges can make decisions without outside influence from the government, politicians, or anyone else

judicial accountability

means judges must follow the law and be responsible for their actions to make sure they act fairly and ethically.

Judicial federalism/ dual court system of the United States

is about how both state courts and federal courts have separate roles in handling different types of cases.

The dual court system is just the idea that there are two types of courts in the U.S.—state and federal—each handling different kinds of legal issues.

Article I Courts

are special courts set up by Congress to handle specific types of cases, like tax or military matters. Judges in these courts don't have the same job security as judges in the regular federal courts.

Article III Courts

created the main federal courts, including the Supreme Court. Judges in these courts are appointed for life to keep them independent from political pressure.

Trial courts = 94 U.S. District Courts

 are where cases start. There are 94 U.S. District Courts that handle cases at the federal level, where judges or juries make decisions

.Intermediate appellate courts = 13 Courts of Appeal/ Circuit Courts;

are courts that check if the decisions made by trial courts are fair and correct. There are 13 Courts of Appeal in the U.S. that review these cases. They don't hold new trials but look at the legal decisions made in lower courts.

One court of last resort

U.S. Supreme Court

original jurisdiction

is when a court hears a case for the first time and makes a decision.

appellate jurisdiction

 is when a court reviews a case that has already been decided by another court to check if there were any mistakes.