Pols 102 Exam 4 Macdonald WVU

vaccine research center

is where a lot of the work was done to coordinate the production of Covid 19 vaccines.

Take Care Clause

The constitutional requirement (in Article II, Section 3) that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws.

vesting clause

Article II, Section 1, of the Constitution, which states that "executive Power shall be vested in a President of the United States of America," making the president both the head of government and the head of state.

Separate Elections

national legislatures choose the chief executive so that unified party control is ensured. There are separate elections for the president and the members of congress. Elections do not come all at the same time.

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Parliamentary System

A system of government in which the legislature selects the prime minister or president.

divided government

one party controls the White House and another party controls one or both houses of Congress

status quo

the existing state of affairs

median voter

The voter at the exact middle of the political issue spectrum.

Family and Medical Leave Act (FMLA)

U.S act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee.

Weak Party Leader

the president rarely influences party nominations

Persuasion

The President convinces members of Congress that what is in his interest is also in their interests.

Barganing

The president trades with members of congress

Going Public (President)

- The use of popular appeals to create a mass base of support

- Andrew Johnson was the first president to do so. The use of the tactic grew in the 20th century, and FDR was one of the most effective

Veto Bargaining

A process of negotiation between the president and Congress in which the president uses the implicit and/or explicit threat of his veto authority to exert pressure on Congress.

unilateral action (presidential)

Any policy decision made and acted upon by the president and presidential staff without the explicit approval or consent of Congress.

discrection

he power to make a decision that. cannot be determined to be right or wrong in any objective way.

influencing bureaucratic policies through appointees

Under the President's constitutional authority to "take care" that the laws are faithfully executed, he . . .

(i) . . . directs the bureaucracy. For example,

President Reagan and the EEOC

President Clinton and the Anti-Trust division at the Justice Department.

Office of Information and Regulatory Affairs

a unit of the Office of Management and Budget that sets federal policy on statistics and reviews draft rules before publication

Executive Order

A rule issued by the president that has the force of law

Red Rock Country

Clinton used an executive order to declare red rock country a national monument.

Reagan's budget

Went public and exercised positive power by threatening members of congress to pass

golden age of television

Going public was easy for Reagan because of this

Panama Canal

Persuasion for the Panama Canal treaty was easy because Carter was regarded as an expert on this policy

Welfare Reform

Ended guarantees of federal aid to children, turned over programs such programs to states, food stamp spending cut, added five year limit on payments to any family.

Japanese Internment

This term describes the event in which FDR ordered all Japanese Americans to be put in relocation camps, Korematsu vs. U.S. ruled that it was constitutionally permissable; did not apply to Hawaii because it would have damaged the economy.

anti-trust laws

laws that encourage competition in the marketplace

unitary executive

A belief that the president's inherent powers allow him to overrule congressional grants of independent authority to agencies.

Heiarchy

A group or system in which positions of power are ranked, usually from lowest to highest

expertise

specialized knowledge (in a particular field); expert skill

Cabinet Departments

The fifteen largest and most influential agencies of the federal bureaucracy (e.g., Department of State, Treasury, Justice...) Headed by Secretary or Attorney General (Department of Justice)

secretaries

The heads of the departments that form the President's cabinet.

Assistant/Under Secretary

secretaries nominated and confirmed to run offices within the agency, giving the president reach into the agencies' decisions.

Agency Head

They are the appointed leader of executive agencies

Bureau Heads

These individuals are closer to observing the personnel who do the day to day work-but they still make policy. They coordinate policy with agency heads who report to the cabinet secretary. And they coordinate with division heads below them.

Divisions

Within divisions, (mostly) career bureaucrats oversee the daily operations of the personnel who does the day-to-day work.

Six divisions within infectious diseases

particulite matter

the EPA has personnel, including scientists and statisticians qualified to judge research on the effect of particulate matter in the air (and other matters) on human health.

independent agencies

agencies in the executive branch of the federal government formed by Congress to help enforce laws and regulations not covered by the executive departments

government corporation

a business owned and operated by the federal government

independent regulatory commission

A government agency or commission with regulatory power whose independence is protected by Congress.

private benefit

The rewards to individuals or firms of an economic activity such as consumption or production.

factors of production

Land, labor, and capital; the three groups of resources that are used to make all goods and services

Contextual Goals

goals that shape how an agency will accomplish its primary mission.

constraints vs the bottom line

bottom line - profits

constraints (top line) - constraints imposed by the agency politically

Inspections/Enforcement

) Provide Services, e.g., Street Level Bureaucrats (social workers, teachers)

(3) Engage in Regulation.

regulation

government intervention in a market that affects the production of a good

Federal Register

An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies.

Code of Federal Regulations

Final rules and regulations that have the force of the law

red tape (bureaucracy)

complex bureaucratic rules and procedures that must be followed to get something done

Documentation

The act of creating citations to identify resources used in writing a work.

compassion

"the government is deeply involved in trying to prevent injuries before they occur

distress

the scale and character of hardship in modern industrial society overwhelmed the traditional instrumentalities of aid." (34)

Outputs

goods and services of value to households

Outcomes

The possible results of an experiment

successes and failures

(i) Regulation of thalidomide (success, Frances Kelsey)

(ii) Dodd-Frank (success? failure?)

(iii) Responding to Hurricane Katrina(failure)

Frances Kelsey

blocked the approval of Thalidomide into the American markets

delegation of authority

The principles of command on which most police departments are based, in which personnel take orders from and are responsible to those in positions of power directly above them.

police patrol oversight

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

fire alarm oversight

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

limitation riders

Amendments, attached to appropriations bills, which forbid an agency to spend any of the money appropriated on activities specified by Congress.

presidential appointments

the power of the U.S. President to choose members of his or her cabinet, ambassadors to other nations, and other officials in his or her administration

political compromise

-process by which opposing political parties give large concessions

-creates incentives or opposing groups to attempt to shape rules and processes of agencies to impede original goals.

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

disposition

Affirm the lower court on behalf of the respondent or reverse on behalf of the petition.

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

procedural doctrine

principle of law that governs how the lower courts do their work

Adams Fruit

adam's fruit co v. barrett

-respondents(migrant farm workers) received benefits under florida's workers compensation law for injuries from a car accident while traveling to work in a petitioner's van. they were granted the money under worker's comp laws, then the law changed, aka president and congress have ultimate authority and can pass new laws changing the court's ruling.

perspectives on judicial decision-making

Decisions driven purely by justices' ideologies/policy preferences. Justices are no different than members of Congress.

(2) Justices follow the plain meaning of the Constitution (Scalia, in K&S, 9-1) and by follow precedent/stare decisis.

(3) Justices are constrained by the power of Congress and the president—and need these institutions b/c the SC lacks the power of the purse and the sword.

(4) Constrained by the need for public support for the Court's "legitimacy."

Conference Discussion

after week of oral arguments judges go in order of seniority discussing points in the case and have a preliminary vote; no one allowed in room or written on record

Logic of Ruling

interpreting the law and constitution

Statutory Decisions

one in which a court is interpreting and applying a statute

Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

precedent

an example that may serve as a basis for imitation or later action

substantive doctrine

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Usefulness of judicial review

the question before the Court involves whether a government action is consistent with the Constitution