Government Exam 2

Constitutional Authority

Powers outlines in the constitution

The president has ___ authority as a unitary actor

Little

Statutory authority

Powers derived from laws enacted by Congress

Vesting Clause

The constitution “vest” executive power in the President, therefore making the President the head of government with authority over the executive branch.

The President also acts as the ____, symbolically representing the nation as a whole.

Head of state

Executive Orders

Proclamations made by the president that have the full effect of law and do not require congressional approval; however, they are limited in scope to matters involving the executive branch.

Example of Executive Orders

Desegregating the military, interning Japanese Americans, Lincoln’s emancipation proclamation.

How are presidents able to contribute to the creation of policy from outside the legislative process?

Develop proposals

Talking to members of Congress/interest groups/party leaders, these groups either initiate ideas or fully drafted plans to Congress.

Shared Powers between Congress and President

Congress raises and supports an army

President controls the troops

Congress declares war

President has exercised discretion when Congress has been unable to oppose them

War Powers Resolution of 1973

An attempt by Congress to limit the presidential war-making authority

Required that president get congressional approval to keep troops in action after 90 days.

The President’s legislative power

Can recommend policies during the annual state of the union address to Congress

Lobby and Negotiate with Members of Congress

The President’s veto power

More common under a divided government (when congress & president are not same party)

Occasionally have the power to use the pocket veto

Executive Privilege

The President has the right to keep executive branch conversations and correspondence confidential

The executive office of the President consist of several thousand people …

2/3 are in the office of management and budget and office of the United States Trade Representative

The Vice President has 2 jobs …

1. Succeed the President in the case of their death or incapacitation

2. To cast tie-breaking votes in the Senate

The President’s cabinet consist of __ executive branch department heads.

15

The cabinet is chosen by the president and confirmed by the ___.

Senate

Sources of the presidents increased power are …

1. Ambiguity of the Constitution

2. Ability to lobby legislators and offer inducements

Any policy in which the president engages without congressional approval is called ____.

Unilateral action

Unitary executive theory

The idea that the Constitution vesting clause gives the president authority to issue orders and directives that Congress cannot undo.

Congressional responses to unilateral action …

New laws to undo the unilateral president action

Drafting legislation that limits the president’s influence

The Judiciary act of 1789

Created a system of federal courts

District courts

Lower level trial courts that handle most federal cases

Circuit Courts

Intermediate level courts that cover a larger geographic area and overseeing multiple district courts

Appellate Jurisdiction

Authority of a court to hear appeals from lower level courts to change or uphold the decision

The supreme court heard ____ and decided that the relevant law was unconstitutional, establishing judicial review.

Marbury v Madison (1803)

Judicial Review

The court’s right to determine that an action taken by another branch of government is unconstitutional

Constiutional interpretation

The process of deciding if some governmental action (like passing a law) is supported by the constitution.

Statutory interpretation

Broadly refers to apply national and state law to specific cases

Adminsitrative law

Occurs when the court assesses how federal agencies have implemented laws passed by congress

Common Law

Refers to law based on the precedent of previous court rulings rather than on legislation

Precedent

Previously decided cases that then serve as a guide for future court decisions on the same topic

Standing

A legitimate basis for brining the case to court

Senatorial Courtesy

A norm of presidents deferring to the wisdom of the state’s senators when appointing judges for district courts. If state senators disapprove of nominee, president would withdraw the nomination.

Roughly __ of cases are heard by the supreme court

One percent

Original Jurisdiction

Disputes between two or more states on specific issues, or involving a foreign ambassador.

Writ of Certiorari

A formal order issued by a higher court—most commonly the U.S. Supreme Court—directing a lower court to send up the case records for review

Writ of Certiorari makes up ___ of cases

95 percent

__ Judges must agree to take on the case for it to be heard.

Four

Mootness

The controversy must still be relevant when the court hears the case.

Collusion

Both parties cannot want the same outcome

The court exercises its discretion in determining ___.

Standing

Cert Pool

Law clerks screen all cases and recommend which ones they think should be heard.

Discuss list

Justices add items to an agenda and the chief justices set the list each day

Solicitor General

Presidential appointee, and lead litigator that asks the Supreme Court to review cases

The Process

1. Briefs

2. Oral arguments

3. Conference

4. Opinion Writing

SCOTUS spends __ days per term hearing cases

37

SCOTUS recess occurs from ___ through ___.

July to September

SCOTUS schedule starts from ___ through ___.

October to June

Amicus curiae

(“Friend of the court”) briefs are often filed by interest groups or people who want to influence the justices

Likelihood of SCOTUS hearing the cases increases when ___ are filed early

Amicus curiae briefs

Oral arguments

Spoken presentations made to the Court by each party in the case

In ___, justices meet to discuss and vote on cases, Usually on Fridays and Done in secret.

Conference

Dissents

Justices in the minority write about why they think the majority decisions is wrong

Shadow Docket

Emergency appeals from lower courts with a shorter process and unsigned decisions

Majority Opinion

The core decision of the Court that must be agreed upon by at least five judges.

Concurring opinion

Written by a judge who agrees with the outcome of the case but not with part of the legal reasoning.

Plurality opinion

Occurs when a majority cannot agree on the legal reasoning in a case. Usually three of four judges in agreeance.

Per curiam opinion

An unsigned opinion of the Court or a decision written by the entire Court. Usually very short opinion on noncontroversial issues, but not always.

Original intent

What did the founders mean by these words?

Attitudinal approach

Judges consider their own political views first and foremost in making decisions.

Strategic model

Justices consider the preferences of their fellow justices and other branches of government when making decisions.

Judicial restraint

Judges should defer to the other branches that are elected

Judicial activism

The court should take a more active role in interpreting the constitution.

The Federal Bureaucracy

A vast network of agencies that make up the executive branch of the United States government

What is the job of the bureaucracy?

Implement policies established by congress or the President

develop programs and policies needed to achieve the goals of the law or policy from Congress or the President.

Regulation

Government rules that give the government control over individuals and corporations by restricting some behaviors.

Notice and comment procedure

Allows for public comment and review before new regulations are published.

Where do bureaucrats fit into the lawmaking process?

1. Congress passes a bill

2. President signs the bill into law

State capacity

The knowledge, personnel and institutions needed to effectively implement policies.

Problem of Control

The need to balance control (by Congress/President) and discretion (by bureaucrats)

The problem of control leads to the ___.

Principal-agent game

Regulatory capture

When bureaucrats work to benefit a small group of people or corporations that they regulate rather than benefiting the American public.

Red tape

Excessive or unnecessarily complex regulations

Standard operating procedures (SOPs)

Step-by-step rules that every bureaucrats must follow when implementing policies

Federal civil service

A system by which bureaucrats are hired based on merit, not politcal connections.

The federal government grows further under ___.

Franklin D. Roosevelt

Independent agencies

Responsible for highly specialized tasks, such as space exploration (NASA) and managing the money supply (Federal Reserve).

Bureaucrats are often ___ who seek additional funding whether or not those resources are necessary

Budget maximizers

The ___ prohibits federal employees from engaging in organized political activities.

Hatch Act

The least capable political appointees get ___ where they will not be able to negatively impact public policy

Turkey farm positions

Bureaucratic Drift

Bureaucrats with too much discretion may implement policies based on their own preferences rather than the preferences of lawmakers.

__ from Congress allows officials to keep tabs on agency activity and decision making

Oversight

Police patrol oversight

Proactive, constant monitoring

Fire alarm oversight

Congress responds to complaints about a bureaucratic agency

Interest groups are an example of ___ that help people express their wishes to policy makers

Linkage institutions

Instiutional interest groups

Formed by nonprofits such as universities, think tanks, or museums.

Businesses

For-profit enterprises that aim to influences policy in ways that will increase profits or satisfy other goals.

Trade or peak associations

Are groups of business (often in the same industry) that band together to lobby for policies that benefit all of them.

Professional associations

Represent individuals who have a common interest in a profession.

Labor organization

Lobby for regulations that make it easy for workers to form labor unions as well as for a range of other policies.

Citizen groups

Range from those with mass membership (such as the Sierra Club) to those that have no members but claim to speak for particular segments of the population.

Centralized groups

National organizations with centralized leadership; often have headquarters in Washington D.C, ex: NRA

Confederations

Coalitions of independent local organizations

Interest groups staff have two categories …

Policy expertise (scientist, engineers, etc) and Government expertise (political insiders).

People moving back and forth between working for the government and working for lobbying groups

Revolving door

Iron triangles

Informal alliances of elected officials, bureaucrats, and interest groups

Mass association

Members are individuals

Peak association

Members are businesses

Collective action problems

Arise when a group of individuals (or corporations) has an opportunity to make itself better off through the cooperative provision of public goods