policy and law exam 1

Public Trust Doctrine

Certain natural resources such as air, water,

submerged lands, fish, and wildlife are held

in "trust" by the government for the benefit of

the public

Statutory Laws

Laws enacted by congress for protection of resources

in general

Common Law

Body of court decisions deriving from custom and

traditional practice

Case Law

Conflicts decided in court and those decisions become

case law and precedent

elements of a public trust?

Assets(wildlife, water), trustees(government), beneficiaries(everyone)

Physical takings

Government actually acquires your property or

intrudes on your property for its own use

regulatory takings

Policies that prevent landowners from using their

property in a certain way

Eminent domain

the power of the state to take private

property for use in a public project in return for

"reasonable" compensation

Who co-wrote the antiquities act?

John lacey

Who and when signed the antiquities act into law?

Theodore Roosevelt, 1906

The Antiquities Act of 1906

grants the President the authority to designate federal lands as national monuments to protect historic, prehistoric, and scientific sites.

Which president designated the most national monuments?

Obama

2 aspects of policy...

Policy is what the government intends to do and Policy is what the government chooses not to do.

What Is Public Policy?

the course of action the government takes in response to an issue or problem

public policy is a confluence of these 3 things...

Political will, Social infrastructure, scientific evidence

Politics

Method of maintaining, managing, and gaining control of government (who gets what, when, and how)

Political affairs

Competition between competing interest

groups or individuals for power and leadership

Who came up with "Life, liberty, property"?

John Locke

Thomas Hobbes view on government?

Humans are greedy and need the state to protect them

John Locke view on government?

Yes we do need a government but only a limited one. The only legitimate government action is that agreed to by public

The study of public policy is...

What government does or does not do to allocate benefits, costs, and burdens

Individuals generally have little impact on policy making, Except...

as they take action through activist groups

Targets of Activist Groups

Members of Congress, Federal Regulatory Agencies, State Legislatures, Local Government Officials

Lobbying

To try to influence the thinking of legislators or other public officials for or against a specific cause

Three Points of the Iron Triangle

congressional committee, Bureaucratic agency, interest group

label the kings and king makers pyramid from the bottom up (5)

Apathetic citizens, Concerned Citizens, Activist Groups, kings, kingmakers

The Lacey Act is still best because: (3)

Applies to more species, Provides potential for longer incarceration, and Prohibits more actions

Although the lacey act coverage extended to all animals,

it was designed as...

a bird preservation/restoration measure to enhance and protect agriculture

3 Primary Purposes for Original Lacey Act

-Allow introducing and protecting game birds, songbirds, and insect-eating birds.

-Stop harmful introductions of foreign animal species.

-Support state laws that protect both game and nongame birds.

2 common problems Lacey Act addressed...

Market hunters, local poachers

Market Hunters

Kill large quantities illegally in one state and transport to other state for sale

Local Poachers

Kill local wildlife out of season, but say legally killed in other state

Lacey Act legally addressed the problems in 3 ways...

-Made it illegal to trade or receive parts of animals killed against state laws.

-Required wildlife shipped across state lines to be clearly labeled.

-Let states control how wildlife is sold within their own borders.

Did the original lacey act apply to fish? What did?

no, Black Bass Act - 1926

2008 lacey act Amendment Change

Prevention of Illegal Logging Practices

Due care

reasonable steps to make sure you're not breaking the law

Agencies under the Secretary of interior

Bureau of Land Management

Fish & Wildlife Service

National Park Service

Bureau of Indian Affairs

Agencies under the secretary of agriculture

Forest Service

NRCS

what act established national forests?

Forest Reserve Act of 1891

what act permitted the federal government to purchase private land to protect the headwaters of rivers and watersheds in the eastern United States?

the Weeks Act of 1911

what 5 things must national forests be used for under the Multiple Use and Sustained Yield Act

Rangeland

Recreation

Timber

Water

Wildlife and Fish

what are the criteria for choosing wilderness areas under the Wilderness Act?

minimal human impact

opportunities for unconfined recreation

at least 5,000 acres

have educational, scientific, or historical value

what was the first national park

Yellowstone