last final test review Flashcards
Be familiar with Federal government regulatory system: Know at lest three examples of regulatory agencies, three examples of federal regulations, the nation’s first regulatory agency, how the two major political parties view federal regulations.
Three examples of regulatory agencies in the Federal government are:
Environmental Protection Agency (EPA)
Food and Drug Administration (FDA)
Securities and Exchange Commission (SEC)
Three examples of federal regulations include:
Clean Air Act
Occupational Safety and Health Act (OSHA)
Sarbanes-Oxley Act
The nation’s first regulatory agency was the Interstate Commerce Commission, established in 1887.
The two major political parties generally have differing views on federal regulations:
Democrats tend to support stronger federal regulations to protect consumers, workers, and the environment.
Republicans often advocate for reducing or eliminating certain regulations to promote business growth and reduce government intervention in the economy.
Know two large government corporations.
Two large government corporations are:
United States Postal Service (USPS)
Federal Deposit Insurance Corporation (FDIC)
Be able to list three sources of law at the federal level
The United States Constitution
Federal statutes (laws passed by Congress)
Federal regulations (issued by administrative agencies)
Know how many federal district courts there are in the U.S, how many Circuit Courts of Appeals, and which Circuit Court of Appeals Washington State is in.
There are 94 federal district courts in the U.S. There are 13 Circuit Courts of Appeals. Washington State is in the Ninth Circuit Court of Appeals.
Be able to distinguish which type of case would be tried in a federal court Vs. a state court?
Federal courts hear cases involving federal laws, the U.S. Constitution, disputes between states, and cases where the United States is a party. State courts handle cases involving state laws, criminal offenses under state law, family law matters like divorce and child custody, property disputes within the state’s jurisdiction, and contract disputes that do not involve federal issues.
Be Familiar with the Federal court Judicial nomination process: How and who the president generally selects, how the senate proceeds with nominations, the long term impact of judge selection, what has been the traditional process in the senate confirmation process, and how has the senate confirmation process changed recently.
Traditionally, the Senate confirmation process involved a thorough review of nominees’ backgrounds, followed by a committee hearing and floor vote. However, recent changes include increased partisanship in the process, with some nominations becoming more contentious along party lines. Additionally, there have been instances where Senate rules regarding filibusters and cloture have been modified to expedite or block certain nominations.
Be Familiar with the features of the Executive branch bureaucracy: How government employees get their jobs, how positions of leadership are selected, how they are viewed by the public, the movements reputation for efficiency, and accountability for the agencies and employee.
The Executive branch bureaucracy of the U.S. government comprises various departments, agencies, and commissions that carry out the day-to-day administration and enforcement of federal laws. Here’s an overview of its key features:
How Government Employees Get Their Jobs
Civil Service System:
Merit-Based Hiring: Most federal employees are hired through a merit-based system managed by the Office of Personnel Management (OPM). Candidates apply for positions and are evaluated based on their qualifications, often through exams and detailed application processes.
Competitive Service: These are positions that require candidates to compete in exams or other assessments. Job postings are often listed on USAJOBS.gov.
Excepted Service: Positions that are not subject to the competitive service process. These can include roles in intelligence agencies, legal professions, and other specific fields.
Political Appointments:
Presidential Appointments: Key leadership roles, such as Cabinet secretaries and agency heads, are appointed by the President and typically require Senate confirmation.
Schedule C Appointments: These are political appointments within agencies that do not require Senate confirmation. They often involve confidential or policy-determining responsibilities.
How Positions of Leadership Are Selected
Presidential Appointments with Senate Confirmation (PAS): High-ranking officials, including Cabinet members, heads of independent agencies, and ambassadors, are appointed by the President and must be confirmed by the Senate.
Senior Executive Service (SES): These are senior career officials who serve in key positions just below top presidential appointees. They are selected based on their leadership qualifications and experience.
Career Promotions: Within the civil service system, employees can be promoted to leadership roles based on performance, experience, and evaluations.
How They Are Viewed by the Public
Public perception of the federal bureaucracy varies, often influenced by political ideologies and media portrayal:
Criticism: Bureaucracies are sometimes criticized for being inefficient, slow, and overly complex. The term “red tape” is often used to describe the perceived excessive regulation and rigid conformity to rules.
Support: Others view the bureaucracy as essential for implementing laws and policies effectively, providing stability and continuity in governance.
Movement’s Reputation for Efficiency
Efficiency Initiatives: Over the years, there have been various initiatives to improve the efficiency of the federal bureaucracy. Programs such as the National Performance Review (initiated in the 1990s) aimed to streamline operations and reduce waste.
Technological Improvements: Adoption of new technologies has enhanced efficiency in many areas, from electronic record-keeping to improved public access to services via the internet.
Challenges: Despite efforts, bureaucratic inefficiency remains a concern. Challenges include complex regulatory requirements, budget constraints, and sometimes a lack of flexibility in responding to new issues.
Accountability for Agencies and Employees
Oversight Mechanisms:
Congressional Oversight: Congress monitors the activities of federal agencies through hearings, investigations, and reports. Committees can summon agency heads to testify about their activities.
Inspector General Offices: Each major agency has an Office of the Inspector General (OIG) tasked with auditing, investigating, and preventing fraud, waste, and abuse within the agency.
Government Accountability Office (GAO): An independent agency that provides auditing, evaluation, and investigative services for Congress.
Performance Evaluations:
Federal employees undergo regular performance evaluations that can influence promotions, pay increases, and disciplinary actions.
Leadership positions are often subject to more rigorous scrutiny, including periodic reviews and public accountability measures.
Public Accountability:
Transparency initiatives, such as the Freedom of Information Act (FOIA), allow the public to request and obtain information about federal agencies’ operations.
Whistleblower Protections: Laws protect employees who report misconduct, ensuring they can do so without fear of retaliation.
The executive branch bureaucracy plays a critical role in implementing federal policies and laws. While it faces challenges related to efficiency and public perception, various mechanisms are in place to ensure accountability and continuous improvement.
Be familiar with the features of government regulation: the rational for regulatory powers, the frustrations citizens have with many regulations, how broad the power of the federal government to regulate is??? And the president’s power on regulatory priorities.
Rationale for Regulatory Powers: Government regulation is intended to protect public health, safety, the environment, and consumer interests. It aims to address market failures, ensure fair competition, and promote social welfare.
Citizen Frustrations with Regulations: Citizens often express frustration with regulations due to perceived bureaucratic red tape, compliance costs for businesses, lack of transparency in rulemaking processes, and concerns about regulatory overreach limiting individual freedoms.
Federal Government’s Regulatory Power: The federal government has broad authority to regulate interstate commerce under the Commerce Clause of the U.S. Constitution. This power allows Congress to pass laws that establish regulatory frameworks across various sectors such as healthcare, finance, transportation, and environmental protection.
President’s Power on Regulatory Priorities: The President plays a significant role in setting regulatory priorities through executive orders directing agencies on policy goals and initiatives. The President can also influence regulations by appointing agency heads who align with their administration’s agenda and by issuing directives on regulatory enforcement or deregulation efforts.
Be familiar with the significance of obergefell v Hodges, and citizens united v. federal election commission, and Marbury v. Madison.
Obergefell v. Hodges: This landmark Supreme Court case in 2015 legalized same-sex marriage across the United States, holding that the fundamental right to marry is guaranteed to same-sex couples by the Fourteenth Amendment’s Equal Protection Clause and Due Process Clause.
Citizens United v. Federal Election Commission: In this 2010 case, the Supreme Court ruled that political spending by corporations, associations, and labor unions is a form of protected speech under the First Amendment, leading to significant implications for campaign finance laws and allowing these entities to spend unlimited amounts on independent political expenditures.
Marbury v. Madison: This 1803 case established the principle of judicial review in the United States, affirming the Supreme Court’s authority to interpret the Constitution and declare acts of Congress unconstitutional if they conflict with it. It solidified the judiciary as an equal branch of government and set a precedent for constitutional interpretation.
Be familiar with the “warrant Court” from 1953 to 1967,
he “Warren Court” refers to the period when Earl Warren served as Chief Justice of the U.S. Supreme Court, from 1953 to 1969. This era is notable for its significant and often controversial rulings, particularly in the areas of civil rights, criminal procedure, and the rights of the accused. Here are the key features and landmark decisions of the Warren Court:
Key Features of the Warren Court
Judicial Activism:
The Warren Court is often described as activist because it frequently interpreted the Constitution in a broad manner to promote social justice and protect individual rights.
The Court expanded civil liberties and took an active role in shaping policy, sometimes stepping into areas traditionally managed by the legislative branch.
Focus on Civil Rights:
A significant portion of the Court’s decisions centered on civil rights and combating racial segregation and discrimination.
Expansion of Rights for the Accused:
The Court issued numerous rulings that expanded the rights of individuals accused of crimes, ensuring greater protections under the Constitution.
Landmark Decisions
Brown v. Board of Education (1954):
The Court unanimously ruled that racial segregation in public schools was unconstitutional, overturning the “separate but equal” doctrine established in Plessy v. Ferguson (1896).
This decision was a cornerstone in the fight against racial segregation and a significant victory for the Civil Rights Movement.
Mapp v. Ohio (1961):
The Court ruled that evidence obtained in violation of the Fourth Amendment, which protects against unreasonable searches and seizures, could not be used in state courts. This decision applied the exclusionary rule to the states.
Gideon v. Wainwright (1963):
The Court held that the Sixth Amendment right to counsel is a fundamental right applicable to the states through the Fourteenth Amendment. It required that indigent criminal defendants be provided an attorney free of charge.
Escobedo v. Illinois (1964):
The Court ruled that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment.
Miranda v. Arizona (1966):
The Court established the “Miranda rights,” requiring police to inform suspects of their rights to remain silent and to have an attorney present during interrogations. This decision was aimed at protecting the Fifth Amendment right against self-incrimination.
Loving v. Virginia (1967):
The Court struck down state laws banning interracial marriage, ruling that they violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment.
Reynolds v. Sims (1964):
The Court ruled that state legislature districts had to be roughly equal in population, establishing the principle of “one person, one vote.” This decision had a profound impact on electoral fairness and representation.
Legacy
Impact on Civil Rights: The Warren Court’s decisions played a crucial role in advancing civil rights and dismantling institutional racism in the United States. Its rulings provided the legal framework for subsequent civil rights advancements.
Criminal Justice Reform: The Court significantly expanded the procedural rights of defendants, influencing how law enforcement and the judicial system operate.
Controversy and Criticism: While many praised the Warren Court for its progressive decisions and protection of individual rights, others criticized it for overstepping its judicial boundaries and engaging in judicial activism.
The Warren Court’s tenure marked a transformative period in American constitutional law, with lasting impacts on civil liberties, civil rights, and the justice system.
Which political party is an advocate of judicial restrain?
Republican
Why are federal judges allowed to retain their positions for life?
Ensure Judicial Independence
Protects judges from political pressures and influence.
Allows judges to make decisions based on law and constitution, not on popular opinion or political considerations.
Constitutional Basis:
Article III, Section 1 of the U.S. Constitution
States that federal judges “shall hold their Offices during good Behaviour,” effectively granting them life tenure unless impeached.
Benefits:
Promotes Stability and Continuity
Provides consistency in the interpretation of laws over time.
Encourages Experienced and Knowledgeable Judiciary
Judges can accumulate extensive legal expertise without the distraction of re-election or reappointment concerns.
Accountability Mechanism:
Impeachment Process
Judges can be removed from office for misconduct through impeachment by the House of Representatives and conviction by the Senate.
Be familiar with FiSA, the reason for, and criticism of.
Purpose:
National Security:
FISA was enacted in 1978 to regulate government surveillance activities for national security purposes.
It provides a legal framework for the collection of foreign intelligence information between or among foreign powers and agents of foreign powers suspected of espionage or terrorism.
Key Features:
Foreign Intelligence Surveillance Court (FISC):
A special court established under FISA to oversee requests for surveillance warrants against foreign spies inside the United States by federal law enforcement and intelligence agencies.
Warrant Requirements:
FISA requires government agencies to obtain a warrant from the FISC before conducting surveillance on suspected foreign agents.
Amendments and Expansions:
Over the years, FISA has been amended to address new threats and technologies, notably with the USA PATRIOT Act and the FISA Amendments Act of 2008.
Benefits:
Enhanced National Security:
Provides tools for intelligence agencies to prevent terrorism and espionage.
Judicial Oversight:
Ensures that surveillance activities are conducted under judicial supervision, aiming to balance national security needs with privacy rights.
Criticism:
Privacy Concerns:
Critics argue that FISA allows for excessive surveillance that infringes on individuals’ privacy and civil liberties.
The scope and secrecy of FISA warrants raise concerns about potential abuse and lack of transparency.
Lack of Transparency:
Proceedings of the FISC are classified, limiting public and congressional oversight.
Decisions and legal interpretations by the FISC are not typically made public, which can obscure how laws are being applied.
Potential for Abuse:
Incidents of alleged
Be familiar with Hatch Act and sub sequential amendments to it, and what was the goal of this legislation.
Prevent Political Activities by Federal Employees:
The Hatch Act, enacted in 1939, aims to ensure that federal employees perform their duties in a politically neutral manner, free from partisan influence, and without engaging in political activities that could impact their official work.
Key Features of the Hatch Act:
Restrictions on Political Activities:
On-Duty Restrictions: Federal employees are prohibited from engaging in political activities while on duty, in a federal building, wearing an official uniform, or using a government vehicle.
Off-Duty Restrictions: Federal employees are restricted from using their official authority or influence to interfere with or affect the results of an election, and from soliciting or receiving political contributions.
Applicability:
Federal Employees: The Act applies to most executive branch employees but excludes the President, Vice President, and certain high-level officials.
State and Local Employees: Employees whose principal employment is in connection with federally funded programs are also covered under the Hatch Act.
Subsequent Amendments:
Hatch Act Reform Amendments of 1993:
Relaxation of Restrictions: These amendments allowed most federal employees to engage in political activities while off duty and away from federal premises. Specifically, they can:
Run for public office in nonpartisan elections.
Participate in political campaigns and express opinions about candidates and issues.
Contribute money to political organizations.
Continued Restrictions: However, employees still cannot:
Use their official authority to influence an election.
Engage in political activity while on duty, in a federal office, wearing an official uniform, or using a government vehicle.
Solicit or receive political contributions.
Further Clarifications and Updates:
Hatch Act Modernization Act of 2012: This Act made additional clarifications, including:
Allowing employees of the District of Columbia more leeway to run for local partisan office.
Increasing penalties for violations, including potential termination for serious offenses.
Goals and Impacts:
Promote Merit-Based Public Service:
By limiting political activities, the Hatch Act helps ensure that federal employment and advancements are based on merit rather than political affiliation.
Maintain Public Trust:
Ensures that federal programs are administered in a nonpartisan manner, thereby maintaining public confidence in the fairness and impartiality of the federal government.
Prevent Coercion:
Protects federal employees from being coerced into political activities by superiors or colleagues, fostering a work environment free from political pressure.
What was one example of the Federal government taking control of a major private business that text provides?
fredy max and fenny may
