PSC 101 FINAL

Judicial review:

·       Power of the Supreme Court to declare actions of the other branches and levels of government unconstitutional.

Difference between deficits and debt:

·       Budget deficit = shortfall where taxes can’t cover government spending

·       Federal debt = all outstanding money owed by government

·       Budget deficits are as much about taxation as they are spending.

·       When marginal tax rates decrease, you hamstring government by limiting its revenues.

Sovereignty:

·       Supreme power or authority.

Standing vs. select committees:

·       Standing committees = part of the structure, hold more importance and authority than other temporary committees

·       Select committees = temporary committees that address a specific issue for one or two terms

Inflation vs. deflation:

·       Inflation: increase in the price of consumer goods over times

·       Deflation: decrease in the general prices of goods and services

Constituency:

·       The collective group of individuals who live in the district of a legislator.

·       Substantive representation = the degree to which a representative reflects the preferences of their constituents

Constitutional, statutory interpretation:

·       Constitutional interpretation = does piece of legislation / governmental action abide by Constitution

·       Statutory interpretation = applies national / state laws to specific cases

Concepts relevant to legal proceedings (e.g. jurisdiction, precedent, etc.):

·       Original jurisdiction = the basis of authority of a court to hear a particular kind of case

·       Secrecy

o   Keep conflict out of public eye.

o   Justices meet in private without any clerks or secretaries.

·       Seniority

o   Senior members set tone for discussion.

o   Matters for seating and office placement.

·       Precedent

o   Expected to stick closely with precedents made by past cases.

o   Still, precedent can be overturned.

·       Appellate courts = courts that hear cases on appeal from other courts

·       U.S. District Courts

o   94 district courts in the U.S.

o   These are the courts of original jurisdiction = trial courts

o   Use both grand juries = citizen-led decisions and petit-trial juries = judges render decision

o   Most federal legal business is done at this level.

·       Senatorial courtesy = presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state.

·       Strict construction or veneration of the founding = originalism, which is slightly different from textualism = only interpret based on “plain meaning” of words

·       Document is living constitution = one must account for current developments and context

·       Attitudinalist approach = Supreme Court justices make decisions as ordinary political actors

Green Lantern theory:

·       The belief that the president can achieve any political or policy objective if only he tries hard enough or uses the right tactics.

State capacity:

·       Knowledge, personnel, and institutions that the government requires to effectively implement policies.

Impeachment:

·       A process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.

Filibuster and cloture:

·       Filibuster = a parliamentary device used in the Senate to prevent a bill from coming to a vote by “talking it to death”, or by refusing to end debate, made possible by the norm of unlimited debate unless cloture is invoked.

·       It is not in the Constitution, the Federalist papers, or the private writings of ANY of the founders.

·       The rule that powers the filibuster can be changed, or even eliminated, with 51 votes.

·       Common myths about the filibuster:

o   We’ve always had it – no

o   It enables debate – no

o   It protects minorities – not really.

o   It encourages bipartisanship – hahah.

Substantive vs. descriptive representation:

·       Descriptive representation = match between demographics of sample and public

o   Race and gender

o   Sexual orientation

o   Age

o   Education

·       Substantive representation = the degree to which a representative reflects the preferences of their constituents.

The committee system:

·       Committee assignments are based on perceived loyalty to party leadership and fundraising quotas, where most work is completed.

The veto power:

·       The veto allows the President to “check” the legislature by reviewing acts passed by Congress and blocking measures he finds unconstitutional, unjust, or unwise.

Enumerated vs. implied powers:

·       Enumerated powers = powers of the federal government specifically mentioned in the Constitution

o   Power to make laws.

o   Longest list of responsibilities and powers

·       Implied powers = powers of the federal government that are NOT specifically stated in the Constitution

o   Congress has the right to establish a national bank.

o   Regulate immigration.

Purpose of the Elastic clause:

·       Clause that allows Congress to pass other types of legislation that are “necessary and proper” to carry out its responsibilities.

o   Power to carry out enumerated powers and implied powers.

Roles of the bureaucracy:

·       Institutionalizes the rule of law.

·       Minimizes politically motivated abuse.

·       A large complex organization characterized by

o   A hierarchal set of offices, each with a specific mission

o   Clear chains of command regarding responsibility for tasks

o   An appointment and advancement system based on merit (and tenure)

·       Federal bureaucracy = the departments/agencies through which presidents fulfill their constitutional mandate to execute the laws passed by Congress.

·       Important part of state capacity = knowledge, personnel, and institutions that the government requires to effectively implement policies.

·       Bureaucratic discretion = the ability to exercise its own judgement about how best to engage in implementation

o   May work to public’s advantage.

·       Primary task of the bureaucracy = Regulation.

·       The Congress is obviously responsible for allocating the money for these activities, but it is left to the Department-based bureaucracy to implement and enforce the law.

·       It’s not that the goals of bureaucracy are bad, but the design and implementation are oftentimes purposefully poor.

Departments, bureaus, and agencies:

·       Departments = the largest organizational units in the executive branch that carry out essential government functions

o   15 Cabinet Departments

o   Headed by cabinet-level secretaries who are appointed by the President and confirmed by the Senate.

·       Bureaus and agencies = names for ‘smaller’ subunits of a cabinet department

o   Vary greatly in size and responsibilities.

·       Independent Regulatory Commissions = organization in the executive branch that are outside the immediate control of the president and Congress that issues rules and regulations to protect the public.

o   Federal Communications Commission

o   Consumer Product Safety Commission

o   Securities and Exchange Commission

The time tax:

·       A levy of paperwork, aggravation, and mental effort imposed on citizens in exchange for benefits that putatively exist to help them.

·       This time tax is the result of political decisions.

Oversight roles:

·       Police patrol oversight = members of Congress constantly and vigilantly monitor bureaucracy to make sure implementation occurs “correctly”

·       Fire alarm oversight = members of Congress only respond to complaints when things go haywire

Civil service:

·       Civilian employees, excluding political appointees (created via Pendleton Act)

·       Uses a merit system where employees are chosen via examinations, educational credentials, or skills rather than political connections.

·       Strict hiring / firing procedures to prevent abuse (spoils / patronage)

o   Good

o   Bad

Roles of the president:

·       Blends “head of state” and chief political executive together (unlike other parliamentary democracies)

·       President was commander in chief of the armed forces, but no foresight that US would own a standing army spread across globe.

·       President could “recommend measures” to Congress but no guarantee they’d be taken up.

·       Electing the president was originally messy:

·       Ordinary Americans wouldn’t know much about national politics, so an Electoral College system is implemented where voters select delegates who then choose a president.

·       Presidents are constrained by institutional conditions – the “ideal cases” (Roosevelt, LBJ) enjoyed much Congressional support.

Executive orders:

·       Unilateral actions that direct agencies on how to implement law.

Court opinions:

·       is a legal document that explains the reasons for a judicial decision. It is written by a judge or judicial panel after resolving a legal dispute.

Types of policy (Fiscal vs. monetary):

·       Public policy = course of action taken by government to address specific problem

·       Economic policy = government action that shapes markets, finance system…usually occurs through one of two channels:

·       Fiscal policy = taxing and spending policy that is created by Congress and president

·       Monetary policy = control of the money supply and interest rates (usually via the Federal Reserve System)

Federal reserve:

·       Federal Reserve System = independent agency, serves as central bank of the US to bring stability to wider system of banking

·       The Federal Reserve operates with twin goals:

o   Stable prices

o   Maximize employment.

·       Governed by a board of seven people who are appointed by president and confirmed by Senate – however, afterwards not beholden to either.

·       Responsible for raising short-term interest rates.

Mandatory vs. discretionary spending:

·       Mandatory = “entitlement” monies like social security that must be spent by law and interest on national debt

·       Discretionary = spending that can be cut from the budget without changing underlying law

Regressive vs. progressive taxation:

·       Regressive taxes: payroll, excise taxes because everyone is taxed uniformly, and it disproportionately hits the poor.

·       Progressive taxes: income taxes, the more you make, the more you pay.

Contributory vs. non-contributory programs:

·       Social policy generally defined as a basket of policies that shape citizen welfare (social safety net)

·       Contributory = social insurance programs – you pay now to expect some future benefit

·       Social security, Medicare, disability, unemployment

·       Non-contributory = public-assistance programs – eligibility-based

Social security:

·       Social Security = most popular and universal welfare program in the United States

·       Sometimes called the “third rail” of American politics because politicians who threaten it risk job.

·       Funded via the payroll tax on income up to $137,700.

Cost-benefit analysis:

·       a method of evaluating rules and regulations by weighing their potential costs against their potential benefits to society

Rule of four:

·       an unwritten practice that requires at least four justices of the Supreme Court to agree that a case warrants review by the Court before it will hear the case.

Partisan (geographic) sorting:

·       Phenomenon where states become uniformly partisan.

Schedule F:

·       Turning the bureaucracy into a mass system of appointees rather than civil servants

Problem of control:

·       Bureaucrats have knowledge that officials may not.

Privatizing:

·       The process of turning over certain government functions to the private sector

·       Based on belief that the private sector is more efficient and always does things better

·       Yet, citizens aren’t customers, and many concerns about a lack of regulatory control, from security to energy to health.

Whistle-blowers:

·       People who bring official misconduct in their agencies to public attention

Electoral College:

·       The Electoral College was a compromise between election by a vote of (party) elites and election of the executive by a popular vote of qualified citizens.

Juristocracy:

·       Unprecedented amount of power in hands of judiciaries (global, not just US)

o   Anti-democratic, in general, but especially so where judiciaries are appointed.

o   Courts privilege some groups, penalize others, tend to favor status quo, and most often preserve power of the most wealthy.

o   SCOTUS is counter-majoritarian, and that’s a problem.

Roots of Social Policy:

·       Great Depression creates such widespread panic that government forced to intervene --> New Deal

·       World War 2 shifts expectations about equality --> Great Society

Income inequality:

·       an “unequal” distribution of wealth in society

Power of the purse:

·       ability to set fiscal policies involving taxing and spending