ANG 2 Flashcards

1
Q

Concern about Presidential Power?

A

Scared it would feel like a monarch

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2
Q

Requirement to run for President

A

At least 35 years of age

Natural-born citizen

Resident of the U.S. for at least 14 years

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3
Q

Requirement to run
US House
US Senate

A

Minimum age 25 U.S. Citizen at least 7 years (House)

Minimum age 30, U.S. Citizen at least 9 years (Senate)

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4
Q

Constitutional Requirement

A

Indirectly Elected-chosen by the electoral college

Four-year term- two term limit, 22nd Amendment 1951

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5
Q

Presidential Roles and Powers

A

many are formal, constitutional

others are not directly related to day-to-day governing

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6
Q

Presidential Powers/ Roles

A
Chief of State
Chief Executive 
Chief Administrator 
Chief Diplomat
Commander in Chief 
Chief Legislator 
Chief of Party 
Chief Citizen
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7
Q

Chief of State (President)

A

Leader or symbol of the government and country

performs ceremonial or symbolic functions

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8
Q

Chief Executive

A

Management of the executive branch

responsible for ensuring the efficient and effective functioning of federal agencies

Institutional assistance in managing executive branch

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9
Q

Chief Executive (President Powers and Congressional Checks and Balances)

A

President powers - Congressional checks and Balances
Appointment Senate confirmation and impeachment
Executive Orders Legislation and Appropriations
Pardon No direct check

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10
Q

Commander in Chief

A

Commander of armed forces

makes military decisions – strategic operations

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11
Q

Commander in Chief (President Powers and Congressional Checks and Balances)

A

President powers - Congressional checks and Balances

Appoint military officers Senate Confirmation

Command U.S. military forces Declaration of war and appropriations

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12
Q

Chief Diplomat

A

Responsible for U.S. foreign policy

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13
Q

Chief Diplomat (President Powers and Congressional Checks and Balances)

A

President powers - Congressional checks and Balances

Negotiate and Sign Treaties Senate Ratification

Executive Agreements Appropriations, Legislation, and Occasional Approval

Diplomatic Recognition No direct check

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14
Q

Chief Legislator

A

The Single, most influential “Lawmaker”

Helps set congressional agenda
-e.g., State of the Union address

Involvement in legislative process
-influencing legislators; seeking to achieve legislative goals

Constitutional role after legislation is passed by Congress

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15
Q

Party Leader

A

Leader of a political party:

  • helps shape party’s agenda
  • keeps the party unified
  • helps candidates get elected
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16
Q

Presidential Powers

A

Expressed powers – granted by the Constitution
-e.g., appointment, veto

Inherent powers – implied, but not stated, by the Constitution
-e.g., executive orders, deploying military forces

Delegated powers – given by Congress to the president
-e.g., preparing the federal budget

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17
Q

Factors Affecting Presidential Power and Success

A

Level of public approval/support

Party composition of Congress
-impacts presidential appointments, legislative agenda (president’s vs. Congress’), legislative oversight, etc

Personality and leadership style

Persuasion – Richard Neustadt
ability to persuade members of Congress, the administration, or the public

Presidential character - Benjamin Barber
personality type – energy and enjoyment

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18
Q

Vice President (End of Chapter 10)

A

Two constitutional roles

  • President of the Senate
  • first in line of presidential succession

VP role in balancing the ticket
-assist presidential candidate in winning election

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19
Q

Bureaucracy

A

a large organization structured hierarchically and governed by formal rules to carry out specific functions

  • hierarchical structure
  • extensive rules
  • task specialization
  • operation on merit principle
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20
Q

Public Bureaucracy

A

Public bureaucracy
federal
– ~2.8 civilian employees
19% of total govt. employees

state and local
– 81% of total govt. employees

21
Q

Powers of the Bureaucracy

A

Implementation of policy
-e.g., EPA implements the Clean Air Act

Rule making / regulation

  • authority to control or change some practice in the private sector
    e. g., EPA sets vehicle emission standards

Administrative adjudication

  • authority to resolve disputes
    e. g., EPA judges preside over enforcement actions (e.g., civil penalties)
22
Q

Formal Organization

A

Executive Office of the President- supports the work of the president
-policy advice, political advice, oversight of the executive branch, day-to-day White House functions, etc.

Cabinet departments

  • largest units of the executive branch
  • primary implementing bodies

Government corporations

  • organizations that operate and provide services similar to private businesses
  • e.g., US Postal Service, Amtrak

Independent regulatory agencies

  • organizations that make and enforce rules to protect the public interest
  • e.g., Food and Drug Administration, Occupational Safety and Health Administration

Independent executive agencies

  • organizations with broad powers set up outside of all other departments
  • e.g., National Aeronautics and Space Administration, Central Intelligence Agency, Environmental Protection Agency
23
Q

Personnel

A

Political Appointees

  • appointed by the president
  • —most require confirmation by Senate
  • —patronage
  • most serve at the president’s leisure
  • serve in leadership positions

Civil Servants
-operate under the merit system
serve at all levels in the bureaucracy

24
Q

Iron Triangle

A

Iron triangle
–policy-making relationship between a federal agency, congressional committee, and interest group(s)
-mutual-supporting relationship

25
Q

Causes of Implementation Failure (End of Chapter 11)

A

Program design: policy is poorly designed

Lack of clarity: policy is not specific or clearly defined

Lack of resources: insufficient staff, training, equipment, or money

26
Q

The Judiciary

A

Role is to resolve disputes (adjudicate) and interpret law

Judicial review

  • power of courts to determine whether laws or actions are constitutional
  • Marbury v. Madison (1803)
27
Q

The Legal System: Participants

A

Litigants

  • actual disputes, no hypothetical cases
  • ——justiciable disputes
  • standing

Attorneys

Judges

Groups
-amicus curiae briefs

28
Q

The Legal System: Sources of Law

A

Constitution

Statutory law

Administrative law

Case law

  • precedent – a decision made by a higher court is binding on all other courts
  • stare decisis – let the decision stand
29
Q

The Legal System: Criminal Law

A

Criminal law
– laws defining offenses against the public order
-regulates the conduct of individuals, defines crimes, and specifies punishments for criminal acts

Civil law
– laws governing relationships between individuals groups, corporations, and other private entities
-or between such litigants and the government

30
Q

Federal Judiciary

A

Supreme Court
-created by the Constitution

Constitution gives Congress authority to create additional courts
-Judiciary Act of 1789 – established Courts of Appeals and District Courts

31
Q

District Courts

A

94 courts
-91 (+3 territorial courts)

~675 judges
-number of judges in each court ranges from 2 to 28

Only federal courts to use juries

  • grand jury: weigh evidence to determine whether indictment and trial is warranted
  • petit jury: weighs evidence to determine facts about a case

Original jurisdiction: authority to hear a case first

  • determine facts about a case
  • trial courts
  • one judge per case
32
Q

Court of Appeals

A

13 courts

  • 12 regional circuit courts
  • Federal Circuit Court

~180 judges
-number of judges in each court ranges from 6 to 28

Appellate jurisdiction:

  • authority to review cases brought from lower courts
  • -review legal issues of a case, not facts

Cases typically heard by three judge panel
-some cases heard en banc

33
Q

Supreme Court

A

9 members

Original jurisdiction and appellate jurisdiction

34
Q

Supreme Court Process

A

Federal Courts or State courts ->
Request for Supreme Court Review ->
Request discussed in conference ->
If obtains four votes, Case placed on the docket ->
Briefs submitted by both parties; amicus curiae brief filed ->
Oral Argument ->
Conference (Cases discussed; votes taken; opinion writing assigned) ->
Opinions drafted; circulated for comment (statements of legal reasoning behind a judicial decision) ->
DECISION ANNOUNCED

When request does not obtain four votes, request gets DENIED

35
Q

Supreme Court Process pt 2

A

Majority opinion

  • written by a majority of justices
  • decision of the Court

Dissenting opinion
-written by justice(s) opposed to the majority decision

Concurring opinion
-written by justice(s) in agreement with the majority decision, but based on different legal reasons

36
Q

Federal Judges

A

Appointed by president
-confirmed by Senate

Life terms

Experience, political ideology, age, gender, race/ethnicity, likelihood of confirmation, etc.

Judicial philosophy

  • -judicial activism: judges should interpret the Constitution to reflect current conditions and values
  • -judicial restraint: judges should interpret the Constitution literally and to reflect what the framers intended

Senatorial courtesy

37
Q

Oversight of the Judiciary

A

Congress

  • Senate confirmation of judges
  • lawmaking
  • amend the Constitution
  • funding to carry out court decisions
  • impeachment
  • change structure and jurisdiction of courts

President

  • appointment of judges
  • power of implementation
  • executive orders
  • pardon

Judiciary

  • appellate process
  • precedent / stare decisis
  • rules governing conduct
38
Q

Public Policy

A

Public policy
– a course of action taken by government in response to some public problem or issue

Economic policy and social welfare policy

39
Q

Federal Budget

A

Budget
-policy document specifying revenues and expenditures

Revenues
-financial resources of government

Expenditures
-government spending

Budget surplus
-revenues exceed expenditures

Budget deficit
-expenditures exceed revenues

Debt
-all the money borrowed by the federal government and still outstanding

40
Q

Revenues

A

Taxes, fees, and fines

  • types of federal taxes
  • —-income taxes (personal and corporate), social insurance taxes, and excise taxes
41
Q

Expenditures

A

Discretionary expenditures
-expenditures that can be allocated by exact cost and with significant flexibility

Mandatory expenditures
-expenditures that are determined by automatic eligibility or previous obligation

42
Q

Economic Policy

A

Goal is to:

  • maximize GDP growth
  • minimize unemployment
  • minimize inflation
43
Q

Economic Policy

Fiscal Policy and Monetary Policy

A

Fiscal Policy

  • Taxing, spending, and borrowing activities in order to manage the economy
  • Congress and President

Monetary Policy

  • Controlling the supply of money and credit in order to manage the economy
  • Federal Reserve Board
44
Q

Economic Policy
To increase rate of economic growth
To reduce rate of economic growth

A

To increase rate of economic growth:
(UP) spending, (DOWN) taxes
(UP) money supply

To reduce rate of economic growth:
(DOWN) spending, (UP) taxes
(DOWN) money supply

45
Q

Social Welfare Policy

A

Social welfare policies

– programs to reduce poverty or protect people from poverty

46
Q

Social Welfare Policies

A

Entitlement programs
–benefits available to individuals regardless of income level

Means-tested programs
–benefits available only to individuals whose incomes are below a certain level

Benefits

  • cash payments
  • in-kind benefits – goods and services
47
Q

Entitlement Programs

A

Social Security
-cash payments to retirees, disabled people, or surviving family members

Medicare
-health insurance program for seniors and disabled

48
Q

Means-tested Programs

A

Medicaid
-health insurance program for low-income individuals

Supplemental Nutrition Assistance Program (SNAP)
-food assistance for low-income individuals