gov exam 2

what does bureaucracy refer to in the context of American politics?

the large network of unelected government officials, agencies, and departments that carry out and enforce the laws passed by Congress and the president.

what are cabinet departments?

groups in the executive branch that run areas of public policy and advise the President.

list 2 examples of cabinet departments, and who leads them/how they got that?

(are led by Cabinet secretaries appointed by the president.)

Dept. of Veteran’s Affairs: overseeing wellbeing of veterans.

Dept. of Justice: handles prosecution of fed crimes & eliminates the use of private attorney.

what is an independent agency?

a government organization that operates with extra freedom from the President and everyday politics.It is durable, and led by boards of experts with long, staggered terms.

what is the federal reserve?

the central bank of the u.s. that handles monetary policy (like controlling inflation & stimulating the economy) entirely independent of the president or congress.

what is a government corporation? & why do they exist

a middle ground between being a business and providing a public service that is owned/dependent on the government. exists to provide essential services to public, and be flexible. ex: USPS, and Amtrak

how did the Pendleton Act change the Spoils System?

the Pendleton act replaced the corrupt spoils system (jobs for favors) with a merit-based system (jobs for skills). prove you were qualified

what was the Pendleton act?

requiring people to pass exams to prove they could actually do the job. it shifted the whole system from who you know to what you know.

what was the Spoils System?

you got a government job just for helping someone get elected, even if you were totally unqualified. super corrupt.

why does the bureaucracy expand in size/power? why does the congress allow this?

congress legislating bc of need to regulate industrial economy. expand more specialization/experts.

what is delegation and it’s advantages it has for congress?

Congress passes broad, big-picture laws and gives executive agencies the power to write the specific, technical rules. It

in what way do Congress and the bureaucracy have a principal-agent problem?

the bureaucracy (agent) works for congress (principal), but might ignore congress’s explicit instructions/make rules that go beyond intentions.

what does ex-ante oversight refer to? and how can it impact bureaucrats?

when congress designs laws and agency structures in advance to control bureaucratic behavior before it happens. It impacts by limiting their discretion through specific legislation, controlling who gets hired, and using "poison pills" to weaken their power.

what are “police patrols?”

a proactive congressional monitoring of agencies through constant audits & hearings to catch issues early. basically congress actively looking for trouble instead of waiting for a complaint. but expensive.

what is the iron triangle?

a mutually beneficial relationship between congressional committees, bureaucrats, and special interest groups. they work together to protect their own interests & funding, causing corruption.

what is the relationship between partisanship and how much oversight occurs?

it depends on partisan control of government, and how polarized parties are. the frequency and intensity of oversight are driven by which party controls congress versus the presidency. opposition = high oversight same party = lower but still oversight

what is common laws?

judges deciding how to apply existing law to resolve disputes. based on previous court decisions. ex: marriage in some states, labor practices

what is the basic structure of the legal system in the United States? What powers do judges have?

multiple levels of law (state, federal, appeals, SCOTUS)

-judges can decide if something can be applied based on other cases

what are “fire alarms?”

a reactive strategy/congress waits for alarm to go off of groups to complain about an agency before taking action. this is preferred strategy.

what is agency laws?

bureaucratic agencies create rules, often as a result of congressional delegation. ex: clean air act bc enforce/set air quality rules

what is statutory laws?

legislatures create new legislation; overrides any existing common law. ex: voting rights act made it illegal to issue literacy tests to vote. americans with disabilities act, imposing accessibility requirements for buildings.

what is constitutional laws?

legal meaning found by judges in the Constitution - overrides all other laws (i.e. supreme law of land)

what are the three different models for how judges actually make decisions?

legal, attitudinal, and strategic model.

what is the legal model?

judges deciding cases based on legal merits of the case

what is the attitudinal model?

judges deciding based on their personal beliefs

what is the strategic model?

judges decide based on “the greater picture” (avoid defeats, protect court reputation, and personal legacy).

what deep legal ideological conflict informs judicial decision-making? how do these theories generally align with one’s political ideology?

textualism (more conservative): meaning is fixed. Literalism: meaning is in the words. Originalism: meaning is in the original context. Organicism (more liberal): meaning should be reinterpreted in context of time it is being interpreted.

what is the “counter-majoritarian difficulty”?

the concern that unelected, lifetime term judges might overturn laws passed by the majority’s elected representatives.

what is a writ of certiorari?

it is a formal request for a higher court (supreme court) to review a lower court’s decision. It follows the “rule of four,” meaning at least 4 of the 9 justices must agree to hear the case, and they rarely accept them.

what does stare decisis mean?

a legal principle meaning to stand by things decided, where courts follow precedents set by previous rulings. these are only rarely reversed by future Supreme Court decisions. Ex: Dobbs ruling updating Roe v. Wade.

in what sense is the judiciary the “least dangerous branch”? why is this the case?

It has no influence over either the president or the congress. Basically, the court cant command the military like the president or control budget like congress. It relies entirely on the other branches & public to enforce its decisions, and it cannot act on its own initiative. 

What is the process for nominating and confirming justices?

the president selects someone and the senate investigates them and holds hearings to question the nominee to decide to send it to the full Senate, then the entire senate debates/holds a final vote where signed by President.

What is court-packing and why is it technically legal?

changing size/composition of a court. legal bc the constitution does not set a fixed number. it is unpopular and controversial.

How was the role of the judiciary laid out in the Constitution, relative to the other two branches of government?

the weakest branch because other branches are proactive, and the judiciary is reactive, meaning it can only rule on cases brought to it. It relies on the executive branch to enforce its rulings. “least dangerous branch”.

What is the relationship between partisanship and how much oversight occurs?

oversight depends on partisan control of the government, plus how polarized parties are. members sometimes check their own president, or often check opponent president.

what does ex-ante oversight refer to? and what are some ways it can impact bureaucrats?

Congress can check the power of the bureaucracy by engaging in “ex-ante” (before the fact) oversight. They can design agencies/legislation in a way that limits bureaucrats before they exist like increasing specificity of any laws they pass.

What is delegation? What advantages does delegation have for Congress?

the transfer of authority from one branch or level of government to another. In advantage for congress, they avoid blame, has flexibility, and the workload is a lot.

Why does the bureaucracy expand in size/power? Why does Congress allow this?

It has no ability to exist without congress legislates, causing expanding. We need more programs, more jobs, more experts.

What is a government corporation? Name a couple of examples. Why do they exist?

werid middle ground between being a buisness and providing a public service. dependent on government funding, but raises much of its own money independently. Ex: USPS

How was the role of the judiciary laid out in the Constitution, relative to the other two

branches of government?

it is established as the weakest branch because while other branches are proactive, the judiciary is reactive, meaning it can only rule on cases brought to it. It relies on the executive branch to enforce its rulings. “least dangerous branch”.

What is judicial review? and how did the judicial branch get granted the ability to engage in judicial review?

It means the supreme court can declare if a law or executive action is unconstitutional/violates U.S. Constitution. It was established through a court ruling rather than a specific law or constitutional article.