Ap Gov

bureaucracy

the complex structure of offices, tasks, rules, and principles of organization that are employed by all large-scale institutions to coordinate the work of their personnel

administration

all the ways in which humans might rationally coordinate their efforts to achieve a common goal (compare: bureaucracy)

implementation

the efforts of depts and agencies to translate law into specific bureaucratic routines

interpretation

bureaucrats have to carry out what they believe to be the wishes of their bosses

rule making

a quasi-legislative administrative process that procedures regulations by gov't agencies

administrative adjudication

the application of rules and precedents to specific cases to settle disputes with regulated parties

independent agency

agency set up by Congress outside dept. to provide public services

gov't corporation

resembles private business, performing and charging for market service

independent regulatory commission

"mini-legislation" with same rules, just require expertise and full-time attention

clientele agency

depts or bureaus of govt whose mission is to promote, serve, or represent a particular interest

regulatory agency

depts, bureaus, or independent agencies whose primary mission is to eliminate or restrict certain behaviors defined as negative

administrative legislation

rules made by regulatory agencies and commissions

fiscal

related for taxing and spending policies

monetary

related to banks, credit, and currency

Federal Reserve System

facilitates exchanges of cash, checks, and credit; it regulates member banks, and uses monetary policies to fight inflation and deflation - top of a "pyramid" of Federal Reserve Banks

Before-the-fact protection

relies on an agent's previous reputation to authenticate promises - appointment process and procedural control

after-the-fact protection

financial incentive or punishment/legal action

bureaucratic drift

the phenomenon of bureaucratic implementation that produces policy more to the liking of the bureaucracy than the original intention of the legislation that created it, but without triggering a political reaction from elected officials

coalitional drift

the prospect that enacted policy will change because the composition of the enacting coalition is temporary and provisional

oversight

the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies

deregulation

the policy of reducing or eliminating regulatory restraints on the conduct of individuals or private institutions

devolution

deregulation or passing down of a program to a lower level of government

privatization

the act of moving all or part of a program from the public sector to the private sector

Pendleton Act (1883)

created Civil Service system - exams and ability based hiring

Hatch Act (1939)

prohibits federal employees from participating in partisan politics - at least, not supposed to use position to do so

iron triangle

see diagram in notebook because quizlet is a terrible platform

criminal law

the branch of law that deals with disputes or actions involving criminal penalties. Regulates individual conduct, defines crimes, provides punishment

plaintiff

the individual or organization that brings a complaint in court

defendant

the individual or organization charged with a complaint in court

civil law

a system of jurisprudence, including private law and governmental actions, for settling disputes that do not involve criminal penalties

precedents

prior cases whose principles are used by judges as the basis for their decisions in present cases

contract cases

individual or corporation charges that they have suffered due to another's violation of a specific agreement

tort cases

an individual charges that they have been injured by another's malpractice or negligence

stare decisis

the doctrine whereby a previous decision by a court applies as a precedent in similar cases until that decision is overruled

public law

cases involving the action of public agencies or officials

constitutional law

judicial review of the basis of a government's action in relation to specific clauses of the Constitution as interpreted in Supreme Court cases

administrative law

disputes over the statutory authority, jurisdiction, or procedures of administrative agencies

trial court

the first court to hear a criminal or civil case

court of appeals

a court that hears the appeals of trial-court decisions

supreme court

the highest court in a particular state or in the United States - generally serves an appellate function

due process

the guarantee that no citizen may be subjected to arbitrary action by national or state gov't

writ of habeas corpus

a court order demanding that an individual in custody be brought into court and shown the cause for detention - cannot be suspended except in cases of rebellion or invasion

chief justice

the justice on the SC who presides over Court's public sessions and conferences

senatorial courtesy

the practice whereby the president, before formally nominating a person for a federal judgeship, finds out whether the senators from the candidate's state support the nomination

judicial review

the power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional. First asserted in Marbury v. Madison (1803)

supremacy clause

a clause of Article VI of the Constitution which states that all laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any subdivision

common law

a body of rules and principles of interpretation that are not grounded in specific statutes

standing

the right of an individual or organization to initiate a court case

mootness

a criterion used by courts to avoid hearing cases that no longer require resolution

writ of certiorari

a formal request by an appellant to have the SC review a decision of a lower court

solicitor general

top government lawyer (3rd in Justice Dept) in virtually all cases before the appellate courts in which the gov't is a party

amicus curiae

an individual or group who is not party to a lawsuit but seeks to assist the court in reaching a decision by presenting an additional brief

briefs

written documents In which attorneys explain - using case precedents - why the Court should rule in favor of their client

oral argument

the stage in SC proceedings in which attorneys for both sides appear before the Court to present their opinions and answer questions posed by the justices

opinion

the written explanation of the SC's decision in a particular case

regular concurrence

a concurring opinion that agrees with the outcome and the majority's rationale but highlights a specific legal point

special concurrence

a concurring opinion that agrees with the outcome but disagrees with the rationale presented by the majority opinion

dissenting opinion

a decision written by a justice who voted with the minority opinion in a particular case, in which the justice fully explains the reasoning behind their opinion

judicial restraint

the judicial philosophy whereby its adherents refuse to go beyond the text of the Constitution in interpreting its meaning (traditionally conservative)

judicial activism

the judicial philosophy that posits that the Court should see beyond the text of the Constitution or a statute to consider broader societal implications for its decisions (traditionally liberal)

rule of four

the rule that certiorari will be granted only if four justices vote in favor of the petition

class action lawsuit

a lawsuit in which a large number of people with common interests join together under a representative party to bring or defend a lawsuit, as when hundreds of workers join together to sue a company

caucus system

a normally closed meeting of a political or legislative group to select candidates, plan strategy, or make decisions regarding legislative matters

inherent powers

powers claimed by a president that are not expressed in the Constitution but are inferred from it

Expressed powers

specific powers granted to the president under article II, sections 2/3 of the Constitution

Commander in Chief

the power of the president as commander of the national military and the state national guard units

War Powers Resolution (1973)

a resolution of Congress declaring that the President can send troops into action abroad only by authorization of Congress or if US troops are already under attack or seriously threatened (generally ignored)

Executive agreement

an agreement between the president and another country that has the force of a treaty but does not require the Senate's "advice and consent"

Executive privilege

the claim that confidential communications between the president and the president's close advisors should not be revealed without the consent of the president

veto

the president's constitutional power to turn down acts of Congress within ten days of their passage while Congress is in session (may be overridden with a 2/3 vote of each house of Congress)

pocket veto

a veto that is effected when Congress adjourns during the time a president has to approve a bill and the president takes no action on it

line-item veto

the power of the executive to veto specific provisions of a bill passed by the legislature (removed in 1998)

Legislative initiative

president's inherent power to bring a legislative agenda before Congress

Executive orders

the rules or regulations issued by the president that have the effect and formal status of legislation

delegated powers

constitutional powers that are assigned to one government agency but are exercised by another agency with the express permission of the first

cabinet

the secretaries/chief administrators of the major departments of the federal government - appointed by the president w/ the consent of the Senate

National Security Council

a presidential foreign policy advisory council composed of the president, the VP. the secretaries of state/defense/treasury, the attorney general, and other officials invited by the president - gives advice based on large national-security picture

White House Staff

the analysists and advisors to the President

"Kitchen Cabinet"

an informal group of advisors to whom the president turns for council and guidance

Executive Office of the President

the permanent agencies that perform defined management tasks for the president, created in 1939

Office of Management and Budget

prepares national budget, designs president's program, reports on agency activities, oversees regulatory proposals

Council of Economic Advisors

analyzes economy, tries to get president to anticipate events rather than simply reacting to them

mandate

a claim by a victorious candidate that the electorate has given them special authority to carry out promises made during the campaign

permanent campaign

presidential politics in which all presidential actions are taken with reelection in mind

constituency

the district making up the area from which an official is elected

delegate

a representative who votes according to the preferences of their constituency

trustee

a representative who votes based on what they think is best for their constituency

agency representation

the type of representation according to which representatives are held accountable to their constituents if they fail to represent them properly - able to be hired and fired

bicameral legislation

a legislative assembly composed of two chambers

incumbency

holding a political office for which one is running

professional legislature

a legislature whose members serve full-time for multiple terms

casework

an effort by members of Congress to gain the trust and support of constituents by providing personal service. one important type consists of helping constituents obtain favorable treatment from the federal bureaucracy

patronage

the resources available to higher officials, usually opportunities to make partisan appointments to offices and confer grants/licenses/special favors to supporters

pork-barrel legislation

the appropriations made by legislative bodies for local projects that often are not needed but are created so that local representatives can carry their home district in the next election

gerrymandering

the apportionment of voters in districts in such a way as to give an unfair advantage to one party

party caucus/conference

a normally closed meeting of a political or legislative group to select candidates, plan strategy, or make decisions regarding legislative matters

Speaker of the House

the chief presiding officer of the HoR. elected at the beginning of every Congress on a straight party vote. most important party and House leader

majority leader

the elected leader of the party holding a majority of the seats in the HoR or Senate. subordinate to the SotH

minority leader

the elected leader of the party holding less than a majority of the seats in the HoR or Senate.

standing committee

a permanent legislative committee that considers legislation within its designated subject area; the basic unit of deliberation in the HoR and Senate.