3.1 Flashcards

1
Q

what are the 4 types of federal organisations

A

departments, independent agencies, regulatory agencies, and government corporations

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2
Q

what is the difference between a civil service and a political employee

A

civil service reports to the government

political reports to their party

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3
Q

what is the patronage system

A

A system that rewards the supporters of successful political candidates and parties while firing supporters of the opposing parties.

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4
Q

what is the civil service system

A

A government employment system in which employees are hired on the basis of their qualifications and cannot be fired merely for belonging to the wrong political party.

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5
Q

what was the pendleton act of 1883

A

Established the civil service by greatly expanding the use of competitive examinations for public post

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6
Q

what was the hatch act of 1939

A

Federal law that limits participation of federal employees in political campaigns.

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7
Q

what does decentralisation mean

A

Permits regional and local offices to manage their own performances without close supervision from headquarters.

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8
Q

what does privatisation mean

A

A formerly public service that is now provided by a private company but paid for by the government.

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9
Q

what is the iron triangle and which parties are involved

A

The tight relationship between employees in government agencies, interest groups, and legislators and their staff members, who work together behind the scenes to shape laws and public policy.

THE THREE POINTS:
Interest Groups
Bureaucracy
Congress

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10
Q

what are regulations

A

Legal rules created by government agencies based on authority delegated by the legislature.

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11
Q

what was the Schechter Poultry v US case about and who won?

A

?

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12
Q

what was the Chevron USA v. NRDC case about and who won?

A

?

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13
Q

what was Hamilton’s view of the judiciary as a whole?

A

Hamilton thought if judges exercised will instead of judgment they would be substituting themselves for the legislature.

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14
Q

what was Hamilton’s view of appointments for the judiciary?

A

Hamilton favored federal judges getting life time appointments so that they could be free to say what the law is and so that they could have advanced expertise in the law.

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15
Q

what is the difference between the adversarial system and the inquisitorial legal system?

A

Common law countries use an adversarial system to determine facts in the adjudication process. The prosecution and defence compete against each other, and the judge serves as a referee to ensure fairness to the accused, and that the legal rules criminal procedure followed.
(USA USES THIS ONE)

The inquisitorial system is associated with civil law legal systems, and it has existed for many centuries. It is characterized by extensive pre-trial investigation and interrogations with the objective to avoid bringing an innocent person to trial.

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16
Q

how does federalism impact the judicial system

A

Because of federalism there are state courts and federal courts, but that state courts can still be appealed to the Supreme Court if the cases touch on a federal question

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17
Q

What are US District courts

A
  • Usually first court to hear a case (Original Jurisdiction)
  • Trial Courts-jury or bench trials
  • Finder of facts-guilty (criminal case) or liable (Civil case)

***district courts have trials to find facts and appeals courts review the law.

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18
Q

what is the US Circuit Court of Appeals

A
  • 11 Circuit courts, DC Court of Appeals
  • Oral arguments of Lawyers, usually 3 judge panel
  • Appeals Courts-review law, not the facts
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19
Q

what is a majority opinion

A

a judicial opinion agreed to by more than half of the members of a court

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20
Q

what is a concurring opinion

A

a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision.

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21
Q

what is a dissenting opinion

A

an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.

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22
Q

what is a writ of certiorari

A

A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it

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23
Q

define judicial review

A

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary.

Established in 1803 in the Marbury v Madison trial

24
Q

what is senatorial courtesy

A

Senatorial courtesy is a long-standing unwritten, unofficial, and nonbinding political custom in the United States describing the tendency of U.S. senators to support a Senate colleague in opposing the appointment to federal office of a presidential nominee from that Senator’s state

25
Q

define case precedent

A

A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts

26
Q

define stare decisis

A

the legal principle of determining points in litigation according to precedent.

27
Q

define test case

A

a case that sets a precedent for other cases involving the same question of law.

28
Q

what is an amicus brief

A

Amicus briefs are legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter. The briefs advise the court of relevant, additional information or arguments that the court might wish to consider.

29
Q

what is the attitudinal model of the judiciary

A

The attitudinal model assumes that the decisions are made by a judge based on the case facts against his sincere attitudes and values.

30
Q

what is the strategic model of the judiciary

A

It assumes that, while the judge has personal policy preferences and goals, he or she must realize those within existing legal constraint

31
Q

define new institutionalism

A

a school of thought focused on developing a sociological view of institutions—the way they interact and how they affect society.

32
Q

what are the two theories of the function of political parties

A

The rational party model, which views them as organizations that simply try to win offices, the other is the responsible party model, where the goal of parties is to shape public policy

33
Q

what are the three ways political scientists talk about political parties

A

1) Party in Government-officials elected under a party banner
2) Party in the Electorate- every citizens that attaches themselves to a political party.
3) Party as Organization-formal apparatus of the party including headquarters, offices, and leaders.

34
Q

What was the original divide of party politics in the US

A

the first political parties in the United States split over Thomas Jefferson’s vision of America as a nation of independent farmers versus Alexander Hamilton’s hope for vibrant cities as centers of manufacturing and industry.

35
Q

what were Jefferson’s supporters called

A

Jeffersonian Republicans

36
Q

what were Hamilton’s supporters called

A

Federalist Party

ft. John Adams

37
Q

what was the corrupt bargain of 1824

A

Alleged secret deal that let the House of Representatives to select John Quincy Adams as President, who had come in second in the popular vote. In exchange for making Henry Clay his secretary of state.

led to the re-emergence of partisanship in the nation after the “era of good feelings.”

38
Q

Which party was formed in opposition to Andrew Jackson’s Democratic party

A

the Whigs, who favored internal improvements like roads and canals as well as the supremacy of Congress over the Presidency.

39
Q

Where did the Republican party come from

A

the Republican Party emerged as a party dedicated to stopping the expansion of slavery into the territories in 1854`

40
Q

What was the result of critical elections in the 19th and 20th centuries

A

electoral reallingment

41
Q

what is the candidate-centered era

A

post 1960 is considered the Candidate-Centered Era, where candidates became much more independent of political parties

42
Q

Why don’t third parties have any success in the US?

A

because the United States is a first-past-the post system, which fosters attitudinal barriers that make people believe minor party candidates cannot win. Additionally, there are often ballot access laws that make it difficult for candidates to get their names on the ballot

43
Q

what is the unit rule

A

a rule under which a delegation to a national political convention casts its entire vote as a unit as determined by a majority vote.

44
Q

how are electoral college votes calculated

A

every state gets electoral votes equal to the number of members of the House of Representatives plus two in the Electoral College

45
Q

How did interest groups become an idea

A

Alexis de Tocqueville visited America (from France) in the 1830’s and remarked on Americans’ extraordinary tendency to form social organizations to solve problems and advance interests.

46
Q

define professional association

A

seeks to further a particular profession, the interests of individuals engaged in that profession and the public interest

47
Q

define public interest groups

A

groups pursuing goals the achievement of which ostensibly will provide benefits to the public at large, or at least to a broader population than the group’s own membership.

48
Q

define think tank

A

a body of experts providing advice and ideas on specific political or economic problems.

49
Q

what is one theory behind the growing number of interest groups

A

because society is becoming more complex and diverse and breaking into cleavages.

50
Q

what is the main idea or argument of the disturbance theory

A

argues that groups form when they are concerned about social change such as other groups or events.

51
Q

what are collective goods

A

goods used by all individuals in society such as clean air and water.

52
Q

what are some benefits organisations offer to get people to join their groups

A
  • Informational Benefits-newsletters, training, conferences provided to members.
  • Material Benefits-goods, services, or money provided to members.
  • Solidary Benefits-friendship and networking provided to members.
  • Purposive Benefits-purpose and accomplishments of the group provided to members.
53
Q

what is inside lobbying

A

inside lobbying is appealing directly to lawmakers and bureaucrats including meeting and testifying at hearings.

54
Q

what is outside lobbying

A

outside lobbying is performing activities directed at the general public to raise awareness and pressure officials.

55
Q

what was the outcome of the Citizens United v Federal Election Commission case

A

Citizens United v. Federal Election Commission said the government cannot ban political spending by corporations in elections