Final pols 2305

·       Public Goods

goods provided by government that anyone can use and that are available to all without charge

     Democracy

a form of government where political power rests in the hands of the people

Oligarchy

a form of government where a handful of elite society members hold political power

   Social Capital

connections with others and the willingness to interact and aid them —“the collective value of all ‘social networks’ [those whom people know] and the inclinations that arise from these networks to do things for each other”—accompanies

Bicameralism

the political process that results from dividing a legislature into two separate assemblies

·       Gerrymandering

the manipulation of legislative districts in an attempt to favor a particular candidate

  The courts and the protection of individual rights

the courts have become the key interpreters of the U.S. Constitution, continuously interpreting it and applying it to modern times and circumstances. unconstitutional, they become particularly important when an individual or group comes before them believing there has been a wrong. A citizen or group that feels mistreated can approach a variety of institutional venues in the U.S. system for assistance in changing policy or seeking support. Organizing protests, garnering special interest group support, and changing laws through the legislative and executive branches are all possible, but an individual is most likely to find the courts especially well-suited to analyzing the particulars of a case. writ of habeas corpus

a petition that enables someone in custody to petition a judge to determine whether that person’s detention is legal

ex post facto law

a law that criminalizes an act retroactively; prohibited under the Constitution

bill of attainder

a legislative action declaring someone guilty without a trial; prohibited under the Constitution

state courts

  Dual Court System

the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts Both levels have three basic tiers consisting of trial courts, appellate courts, and finally courts of last resort, typically called supreme courts, at the top

    District Courts and Circuit Court

the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard

the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals

Precedent

the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system

·       How judges are selected

At the federal level, the president nominates a candidate to a judgeship or justice position, and the nominee must be confirmed by a majority vote in the U.S. Senate, a function of the Senate’s “advice and consent” role. All judges and justices in the national courts serve lifetime terms of office.

The president sometimes chooses nominees from a list of candidates maintained by the American Bar Association, a national professional organization of lawyers.⁴¹ The president’s nominee is then discussed (and sometimes hotly debated) in the Senate Judiciary Committee. After a committee vote, the candidate must be confirmed by a majority vote of the full Senate. He or she is then sworn in, taking an oath of office to uphold the Constitution and the laws of the United States.

  Role of the solicitor general

the lawyer who represents the federal government and argues some cases before the Supreme Court

He or she decides which cases (in which the United States is a party) should be appealed from the lower courts and personally approves each one presented (Figure 13.11). Most of the cases the solicitor general brings to the Court will be given a place on the docket. About two-thirds of all Supreme Court cases involve the federal government.⁵⁵

The solicitor general determines the position the government will take on a case. The attorneys of the office prepare and file the petitions and briefs, and the solicitor general (or an assistant) presents the oral arguments before the Court.

in which the United States is not the petitioner or the respondent, the solicitor general may choose to intervene or comment as a third party. Before a case is granted cert., the justices will sometimes ask the solicitor general to comment on or file a brief in the case, indicating their potential interest in getting it on the docket. The solicitor general may also recommend that the justices decline to hear a case.

Structure of the Supreme Court

There is one chief justice, who is the lead or highest-ranking judge on the Court, and eight associate justices. All nine serve lifetime terms, after successful nomination by the president and confirmation by the Senate.

Furthermore, they don’t work exclusively on their own. Each justice has three or four law clerks, recent law school graduates who temporarily work for the justice, do research, help prepare the justice with background information, and assist with the writing of opinions. The law clerks’ work and recommendations influence whether the justices will choose to hear a case, as well as how they will rule. As the profile below reveals, the role of the clerks is as significant as it is varied.

Majority Opinion

or explanation of the justices’ decision, is the one with which a majority of the nine justices agree. If in the majority, the chief justice decides who will write the opinion. If not, then the most senior justice ruling with the majority chooses the writer.

an opinion of the Court with which more than half the nine justices agree

    Dissenting Opinion

·

an opinion written by a justice who disagrees with the majority opinion of the Court

    Concurring Opinion

a justice agrees with the outcome of the case but not with the majority’s reasoning in it, that justice may write a concurring opinion.

Judicial Activism

or the need to defend individual rights and liberties, and they aim to stop actions and laws by other branches of government that they see as infringing on these rights. A judge or justice who views the role with an activist lens is more likely to use judicial power to broaden personal liberty, justice, and equality.

a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties

·       Judicial Restraint

a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government

which leads them to defer decisions (and thus policymaking) to the elected branches of government and stay focused on a narrower interpretation of the Bill of Rights. These justices are less likely to strike down actions or laws as unconstitutional and are less likely to focus on the expansion of individual liberties. While

Civil Liberties

·  

as limitations on government power, intended to protect freedoms upon which governments may not legally intrude.

  Civil Rights

·

are guarantees that government officials will treat people equally and that decisions will be made on the basis of merit rather than race, gender, or other personal characteristics.

·       Third Amendment

·      

prohibits the government from commandeering people’s homes to house soldiers, particularly in peacetime. reflecting a broader idea that our homes lie within a “zone of privacy” that government officials should not violate unless absolutely necessary.

Eighth Amendment

·     

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”says the government cannot impose “cruel and unusual punishments” on individuals for their criminal acts. Although the definitions of cruel and unusual have expanded over the years, the courts have generally and consistently interpreted this provision as making it unconstitutional for government officials to torture suspects.

  Concept of public policy

·      

as the broad strategy government uses to do its job. More formally, it is the relatively stable set of purposive governmental actions that address matters of concern to some part of society.¹ public policy deals with issues of concern to some large segment of society, as opposed to matters of interest only to individuals or a small group of people. Governments that it is more than just the actions of government; it also includes the behaviors or outcomes that government action creates.

Public policy domains: Redistributive policy

a policy in which costs are born by a relatively small number of groups or individuals, but benefits are expected to be enjoyed by a different group in society it redistributes resources in society from one group to another. That is, according to Lowi, the costs are concentrated and so are the benefits, but different groups bear the costs and enjoy the benefits. Head Start (education), Pell Grants (higher education), Medicaid (health care), Temporary Assistance for Needy Families (TANF, income support), and food programs like the Supplementary Nutritional Aid Program (SNAP). The government also uses redistribution to incentivize specific behaviors or aid small groups of people.

·       Public policy domains: Deregulatory policy

with concentrated costs and diffuse benefits. A relatively small number of groups or individuals bear the costs of regulatory policy, but its benefits are expected to be distributed broadly across society. As you might imagine, regulatory policy is most effective for controlling or protecting public or common resources.

    Medicaid

·     

a health insurance program for low-income citizens

  Medicare

an entitlement health insurance program for older people and retirees who no longer get health insurance through their work

   Policy Advocates

often begin with an objective and then try to shape or create proposals that help them accomplish that goal. Facts, evidence, and analysis are important tools for convincing policymakers or the general public of the benefits of their proposals. Private citizens often find themselves in advocacy positions, particularly if they are required to take on leadership roles in their private lives or in their organizations. The most effective advocates are usually hired professionals who form lobbying groups or think tanks to promote their agenda. people who actively work to propose or maintain public policy are people who feel strongly enough about something to work toward changing public policy to fix it.

   Policy Analysts

try to identify all the possible choices available to a decision maker and then gauge their impacts if implemented. The goal of the analyst isn’t really to encourage the implementation of any of the options; rather, it is to make sure decision makers are fully informed about the implications of the decisions they do make.

      Mandatory Spending

earmarked for entitlement programs guaranteed to those who meet certain qualifications, usually based on age, income, or disability. These programs, discussed above, include Medicare and Medicaid, Social Security, and major income security programs such as unemployment insurance and SNAP. benefits designated for former federal employees, including military retirement and many Veterans Administration programs.

  Discretionary Spending

discretionary spending because Congress must pass legislation to authorize money to be spent each year. About 50 percent of the approximately $1.2 trillion set aside for discretionary spending each year pays for most of the operations of government, including employee salaries and the maintenance of federal buildings. It also covers science and technology spending, foreign affairs initiatives, education spending, federally provided transportation costs, and many of the redistributive benefits most people in the United States have come to take for granted.²⁸ The other half of discretionary spending—and the second-largest component of the total budget—is devoted to the military. (Only Defense spending is used to maintain the U.S. military presence at home and abroad, procure and develop new weapons, and cover the cost of any wars or other military engagements in which the United States is currently engaged (