exam 3 finish with a fucking bang!! Flashcards
where does congress get its power from
article 1
where does the president and the bureaucracy get its power from
article 2
where do the courts get their power from
article 3
bicameralism
a legislature with two chambers is a check on itself
what does congress do
makes laws
checks and balances - congress
oversight, advice and consent, and court structuring
oversight (checks and balances)
efforts by congress to monitor agency rules, enforcement, and implementation of law
advice and consent (checks and balances)
the constitutional obligation that the senate approve certain executive appointments and treaties
court structuring (checks and balances)
article 1 federal judges are not subject to the same protections as article 3 judges. congress can make a law changing the number of members on the supreme court
policy representation
congressional work to advance the issues and ideological preferences of constituents
allocative representation
congressional work to secure projects, services, and funds for the represented district. Pork Barrel: public works projects and grants for specific districts paid for by general revenues
casework
legislative work on behalf of individual constituents to solve their problems with government agencies and programs
symbolic representation
efforts of MC to stand for American ideals or identify with common constituency values
reappointment
reallocation of congressional seats after the census
redistricting
the process of dividing states into districts
gerrymandering
redistricting to benefit a particular group (cracking and packing)
partisan gerrymandering
the drawing of congressional districts to increase the number of districts a party can expect to safely carry
racial gerrymandering
redistricting to enhance or reduce the chances that a racial or ethnic group will elect group members to congress
incumbency advantage
the electoral edge afforded to those already in office
coattail effect
the added votes received by congressional candidates of a winning presidential party
midterm loss
the tendency for the presidents party to lose congressional seats in non-presidential year elections
qualifications for running
age, citizenship, residency
perks of presidency
pay and benefits (travel, staff, franking, parking, health and life insurance, pensions)
roles of the president
head of the government (chief administrator/executive) and head of state (chief diplomat and national symbol)
legislative powers of the president
state of the union (agenda setting) and can veto a law
judicial powers of the president
appoint judges and pardons and reprieves (clemency)
Traditional presidency
the founders version of a limited executive
modern presidency
ongoing trend toward the higher degree of executive power since the 1930’s. higher use of executive orders and actions since WWII and the Great Depression
judicial powers; reprieve
president has the power to grant reprieves and pardons for offenses against the U.S. Ex: Chelsea Manning
Three roles of the Federal Bureaucracy
administrator, rule maker, judge
federal register
publication containing all federal regulations and notification of regulatory agency hearings
bureaucratic discretion
bureaucrats use own judgement in interpreting and carrying out laws of congress
bureaucracy definition
an organization characterized by hierarchal structure and advancement by merit
Pendleton act 1883
required the hiring and firing of civil servants to be based on merit not patronage. ended the spoils system that rewarded political supporters with government positions
hatch act 1939
limited political involvement of civil servants in order to protect them from political pressure and to keep politics out of the bureaucracy
neutral competence
the principle that policy execution should be depoliticized and professional
4 categories of bureaucracy
Departments: presidents cabinet (15 in total)
Independent agencies: independent of departments but with a narrower policy focus (NASA , CIA)
Independent regulatory boards and commissions: regulate various businesses, industries, or economic sectors (federal reserve, consumer product safety)
Government corporations: companies created by congress to prove for the public a good or service that private enterprise can’t/won’t profitably provide (UNICORP)
The first congress established 4 departments
state, war, treasury, and post office
The Judiciary act of 1789
established the structure and jurisdiction of the federal court system and created the position of attorney general around which a justice dept. would grow
Homeland security
added in 2002 after 9/11, assumed a number of agencies from other departments
National Security Act 1947
consolidated department of war (army) and the department of the navy into the National Military Establishment, headed by the secretary of state. created the dept. of the Air Force and housed the marine corp. under the dept. of the navy, and established the CIA and National Security Counsil
chief of staff
oversees White House operations and controls access to the president
White House office
those closest to the president personally and politically who conduct the day to day operations. grew from 60 under Roosevelt to 460 in 2013
office of management and budget
oversees budgets of departments and agencies. is an intermediate between the president and departments
council of economic advisors
advise the president on economic matters
National Security Counsel
provides foreign policy/military advice, has moved from advisor role to implementor role, sometimes engaging in illegal activity
Judiciary act of 1789
created three levels of federal courts and defined their powers and relationship to the state courts. set up federal districts, circuit court appeals and president nominates federal judges
Types of cases heard: Federal
constitutionality of a law, laws and treaties of the U.S., ambassadors and public ministers, state disputes, and habeas corpus
types of cases heard: State
criminal and probate cases, contract, tort, and family law
courts
institutions that sit as neutral third parties to settle disputes
judicial review
the power of the SCOTUS to determine constitutionality; Marbury v.s. Madison (1803)
jurisdiction
authority to hear certain cases. appellate: authority of a court to review the decision of lower courts
appeal
a rehearing of a case because the losing party in trial argues that a point of law wasn’t applied properly
precedent
a previous decision or ruling
strict constructionism
the constitution should be read literally with the framers interpretations uttermost in mind
judicial restraint
courts should reject any active lawmaking functions and stick to judicial decisions of the past (precedent)
judicial interpretivism
(loose constructionism) the constitution is a living document and judges should interpret the constitution according to contemporary times and values
judicial activism
courts should be lawmaking/policy making bodies
opinion
the written decision of the court that state the majority judgement on a case
concurring opinion
documents written by justices expressing disagreement with the majority but describing different or additional reasons
dissenting opinion
documents written by justices expressing disagreement with the majorities ruling
writ of certiorari
a formal request by SCOTUS to call up the lower court case it decides to hear on appeal
rule of four
unwritten requirement that 4/9 must agree to grant cert in order for the case to be heard
Amicus Curiae brief
document filed by interested parties to encourage the Court to grant or deny cert or to urge it to decide a certain way
Political Party
organizations that seek to promote their ideas and policies by gaining control of government through nominations and elections
Party-in-government
party members who have been elected to serve in government
Party-in-the-electorate
ordinary citizens who identify with the party
Party base
members who consistently vote for the party’s candidates
Party activists
rank-and-file members who carry out the party’s electioneering efforts
Interest group
an organization of individuals who share a common political goal and unite to influence government decisions
6 roles of an interest group
- representation
- participation
- educations
- agenda building
- provision of program alternatives
- program monitoring
Economic interest group
seek to influence government policy to economically benefit their members
Equal opportunity interest group
promote the civil and economic rights of the underrepresented and disadvantaged
Public interest
seek to influence government policy to produce collective goods or services that benefit the public
Government interest
lobby on behalf of foreign or domestic governments
Lobbying
interest group activities aimed at persuading policymakers to support the group’s position
Free rider problem
difficulty in recruiting when potential members can gain the benefits of the groups action without having to incur the cost of membership or participation
Selective incentives
benefits that are only available to group members as an inducement to join. material benefits, solidary benefits, expressive benefits
lobbying activities Direct (aka inside)
direct interaction with public officials for the purpose of influencing policy decisions
lobbying activities Indirect (aka outside)
attempts to influence policymakers by encouraging the public to put pressure on them
revolving door
the tendency of public officials and lobbyists to move b/w public and private sectors
