ANG 2 Flashcards
Concern about Presidential Power?
Scared it would feel like a monarch
Requirement to run for President
At least 35 years of age
Natural-born citizen
Resident of the U.S. for at least 14 years
Requirement to run
US House
US Senate
Minimum age 25 U.S. Citizen at least 7 years (House)
Minimum age 30, U.S. Citizen at least 9 years (Senate)
Constitutional Requirement
Indirectly Elected-chosen by the electoral college
Four-year term- two term limit, 22nd Amendment 1951
Presidential Roles and Powers
many are formal, constitutional
others are not directly related to day-to-day governing
Presidential Powers/ Roles
Chief of State Chief Executive Chief Administrator Chief Diplomat Commander in Chief Chief Legislator Chief of Party Chief Citizen
Chief of State (President)
Leader or symbol of the government and country
performs ceremonial or symbolic functions
Chief Executive
Management of the executive branch
responsible for ensuring the efficient and effective functioning of federal agencies
Institutional assistance in managing executive branch
Chief Executive (President Powers and Congressional Checks and Balances)
President powers - Congressional checks and Balances
Appointment Senate confirmation and impeachment
Executive Orders Legislation and Appropriations
Pardon No direct check
Commander in Chief
Commander of armed forces
makes military decisions – strategic operations
Commander in Chief (President Powers and Congressional Checks and Balances)
President powers - Congressional checks and Balances
Appoint military officers Senate Confirmation
Command U.S. military forces Declaration of war and appropriations
Chief Diplomat
Responsible for U.S. foreign policy
Chief Diplomat (President Powers and Congressional Checks and Balances)
President powers - Congressional checks and Balances
Negotiate and Sign Treaties Senate Ratification
Executive Agreements Appropriations, Legislation, and Occasional Approval
Diplomatic Recognition No direct check
Chief Legislator
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
Party Leader
Leader of a political party:
- helps shape party’s agenda
- keeps the party unified
- helps candidates get elected
Presidential Powers
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
Factors Affecting Presidential Power and Success
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
Vice President (End of Chapter 10)
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
Bureaucracy
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
Public Bureaucracy
Public bureaucracy
federal
– ~2.8 civilian employees
19% of total govt. employees
state and local
– 81% of total govt. employees
Powers of the Bureaucracy
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)
Formal Organization
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
Personnel
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
Iron Triangle
Iron triangle
–policy-making relationship between a federal agency, congressional committee, and interest group(s)
-mutual-supporting relationship
Causes of Implementation Failure (End of Chapter 11)
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
The Judiciary
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)
The Legal System: Participants
Litigants
- actual disputes, no hypothetical cases
- ——justiciable disputes
- standing
Attorneys
Judges
Groups
-amicus curiae briefs
The Legal System: Sources of Law
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
The Legal System: Criminal Law
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
Federal Judiciary
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
District Courts
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
Court of Appeals
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
Supreme Court
9 members
Original jurisdiction and appellate jurisdiction
Supreme Court Process
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
Supreme Court Process pt 2
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
Federal Judges
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
Oversight of the Judiciary
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
Public Policy
Public policy
– a course of action taken by government in response to some public problem or issue
Economic policy and social welfare policy
Federal Budget
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
Revenues
Taxes, fees, and fines
- types of federal taxes
- —-income taxes (personal and corporate), social insurance taxes, and excise taxes
Expenditures
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
Economic Policy
Goal is to:
- maximize GDP growth
- minimize unemployment
- minimize inflation
Economic Policy
Fiscal Policy and Monetary Policy
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
Economic Policy
To increase rate of economic growth
To reduce rate of economic growth
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
Social Welfare Policy
Social welfare policies
– programs to reduce poverty or protect people from poverty
Social Welfare Policies
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
Entitlement Programs
Social Security
-cash payments to retirees, disabled people, or surviving family members
Medicare
-health insurance program for seniors and disabled
Means-tested Programs
Medicaid
-health insurance program for low-income individuals
Supplemental Nutrition Assistance Program (SNAP)
-food assistance for low-income individuals
