TEST 3 FINAL Flashcards
Administrative adjudication
is the process by which an administrative agency issues an affirmative, negative, injunctive, or declaratory order. The formal proceedings before an administrative agency adopt the process of rule making or adjudication. In rule making process, the policies are formulated by setting rules for the future conduct of persons governed by that agency. While in adjudication process, the agency’s policies are applied to the past actions of a particular party, and it results in an order for or against that party. Both these methods are regulated by the law of administrative procedure.
Jacksonians and bureaucracy
George Washington promised to hire only people “as shall be the best qualified.” Still, most of his employees belonged to the budding Federalist Party — the party toward which Washington leaned. When Democratic-Republican Thomas Jefferson became President, he dismissed many of the Federalists and filled their jobs with members from his party. With this action, he began a long tradition of filling government positions through patronage, a system of rewarding friends and political allies in exchange for their support.
Andrew Jackson is regarded as the President who entrenched the patronage, or “spoils” system. Following the old saying, “to the victor go the spoils,” he brought a whole new group of “Jacksonian Democrats” into office. Jackson argued that the spoils system brought greater rotation in office. He thought it was healthy to clear out the government workers who had worked for predecessors, lest they become corrupt.
Merit system killed the jacksonians spoils system
THE CIVIL SERVICE REFORM MOVEMENT WAS CREATED AFTER THIS
partisanship
an inclination to favor one group or view or opinion over alternatives
Reform of campaign finance
in 1992, Ross Perot initially defied the conventional wisdom about independent candidates. He motivated tens of thousands of supporters in a grassroots effort, “united we stand America” that succeeded in placing peror’s reform party with his name as it’s presidential candidate on the ballot in all fifty states. Perot promised to resolve the financial obstable by spending “whatever it takes” from his own huge fortune to mount a “world-class campaign”
incumbency
The incumbent is the existing holder of a political office who normally has a structural advantage over challengers during an election for multiple reasons.
Primaries
primaries provide an opportunity for the media to separate the serious candidates from the aspirants. The primary electorate is more ideological than the electorate in general elections. pg 158-160 in the book
Judicial review as an elitist principle of administrative decisions
article 3 of the constitution gives the supreme court the judicial power which includes the power to interpret the meaning of laws and in case of conflict between laws to decide which law shall prevail. Judicial review and the power to interpret the meaning and decide that application of law are judges major sources of power.
the founders decision to grant federal courts the power of judicial review over state court decisions and state laws is easy to understand. Federal court power over state decisions is probably essential in maintaining national unity because fifty different state interpretations of the meaning of the constitution or of the laws and treaties of congress would create unimaginable confusion.
the founders distrusted popular majorities and the elected officials subject to their influence. they believed govt should be prevented from attacking principle and property whether to do so was the will of the popular majority or not. so the founders deliberately insulated the courts from popular majorities; by appointing judges for life terms, they sought to ensure their independence. about page 310 in the book
Iron triangles
“stake holders”
once an issue is shifted to bureaucracy, three major power bases-the “iron triangles”-come together to decide it’s outcome: the executive agency administering the program; the congressional subcommittee charged with overseeing it; and the most interested groups, generally those directly affected by the agency
they do not compete as pluralist ideology suggests.
Filibuster
in the senate, control of floor debate rests with the majority leader, bu the majority leader does not have the power to limit debate; a senator who has the floor may talk without limit and may choose to whom he or she yields the floor. If enough senators wish to talk a bill to death, they may do so in what is known as a filibuster. This device permits a minority to tie up the business of the senate and prevent it from voting on a bill. debate can be limited only by a process called cloture. sixteen members signatures on a petition will bring cloture to a vote; a 3/5th’s vote of the full senate is required to end debate. THIS MEANS THAT 41 SENATORS CAN, IF THEY CHOOSE, BLOCK LEGISLATION BY VOTING AGAINST CLOTURE. The filibuster is a means by which a minority can defend itself against majority preferences.
congressional procedures
Procedures of the United States Congress are established ways of doing legislative business. Congress has two-year terms with one session each year. There are rules and procedures, often complex, which guide how it converts ideas for legislation into laws.
How a bill becomes a law
A bill may be introduced in either the Senate or House of Representatives by a member.
It is referred to a committee for a hearing. The committee studies the bill and may hold public hearings on it. It can then pass, reject, or take no action on the bill.
The committee report on the passed bill is read in open session of the House or Senate, and the bill is then referred to the Rules Committee.
The Rules Committee can either place the bill on the second reading calendar for debate before the entire body, or take no action.
At the second reading, a bill is subject to debate and amendment before being placed on the third reading calendar for final passage.
After passing one house, the bill goes through the same procedure in the other house.
If amendments are made in the other house, the first house must approve the changes.
When the bill is accepted in both houses, it is signed by the respective leaders and sent to the governor.
The governor signs the bill into law or may veto all or part of it. If the governor fails to act on the bill, it may become law without a signature.
A term of Congress is divided into two “sessions”, one for each year; Congress has occasionally also been called into an extra, (or special) session (the Constitution requires Congress to meet at least once each year). A new session commences on January 3 (or another date, if Congress so chooses) each year. Before the Twentieth Amendment, Congress met from the first Monday in December to April or May in the first session of their term (the “long session”); and from December to March 4 in the second “short session”. (The new Congress would then meet for some days, for the inauguration, swearing in new members, and organization.)
The southwest corner of the United States Capitol in Washington. The Constitution forbids Congress from meeting elsewhere.
The Constitution forbids either house from meeting any place outside the Capitol, or from adjourning for more than three days, without the consent of the other house. The provision was intended to prevent one house from thwarting legislative business simply by refusing to meet. To avoid obtaining consent during long recesses, the House or Senate may sometimes hold pro forma meetings, sometimes only minutes long, every three days. The consent of both bodies is required for Congress’s final adjournment, or adjournment sine die, at the end of each congressional session. If the two houses cannot agree on a date, the Constitution permits the President to settle the dispute.
norms in legislative bodies
Legislative norms describe expectations which more or less effectively define the boundaries of appropriate conduct for the members of the legislature. That these socially prescribed modes of conduct often shape actual behavior constitutes the explanatory value of the norm concept.
Legislative (congress)
Passes bills; has broad taxing and spending power; regulates inter-state commerce; controls the federal budget; has power to borrow money on the credit of the United States (may be vetoed by President, but vetoes may be overridden with a two-thirds vote of both houses)
Has sole power to declare war, as well as to raise, support, and regulate the military.
Oversees, investigates, and makes the rules for the government and its officers.
Defines by law the jurisdiction of the federal judiciary in cases not specified by the Constitution
Ratification of treaties signed by the President and gives advice and consent to presidential appointments to the federal judiciary, federal executive departments, and other posts (Senate only)
Has sole power of impeachment (House of Representatives) and trial of impeachments (Senate); can remove federal executive and judicial officers from office for high crimes and misdemeanors
Executive (president)
Is the commander-in-chief of the armed forces
Executes the instructions of Congress.
May veto bills passed by Congress (but the veto may be overridden by a two-thirds majority of both houses)
Executes the spending authorized by Congress.
Declares states of emergency and publishes regulations and executive orders.
Makes executive agreements (does not require ratification) and signs treaties (ratification requiring approval by two-thirds of the Senate)
Makes appointments to the federal judiciary, federal executive departments, and other posts with the advice and consent of the Senate. Has power to make temporary appointment during the recess of the Senate
Has the power to grant “reprieves and pardons for offenses against the United States, except in cases of impeachment.”
Legislative/executive power balance
In the United States Constitution, Article 1 Section I gives Congress only those “legislative powers herein granted” and proceeds to list those permissible actions in Article I Section 8, while Section 9 lists actions that are prohibited for Congress. The vesting clause in Article II places no limits on the Executive branch, simply stating that, “The Executive Power shall be vested in a President of the United States of America.”[18] The Supreme Court holds “The judicial Power” according to Article III, and it established the implication of Judicial review in Marbury v. Madison.[19] The federal government refers to the branches as “branches of government”, while some systems use “government” to describe the executive. The Executive branch has attempted to claim power arguing for separation of powers to include being the Commander in Chief of a standing army since the American Civil War, executive orders, emergency powers and security classifications since World War II, national security, signing statements, and the scope of the unitary executive.
Voter Turnout
relates to such factors as age, race, education, and occupation. Almost HALF THE ADULT POPULATION FAILS TO VOTE, even in presidential elections. Older, white, middle-class, college-educated americans participate more in all forms of political activity than do younger, nonwhite, grade-school-educated americans.
