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American Gov Quiz 4
The Bureaucracy / Federal Judiciary
| Question | Answer |
|---|---|
| Judicial Review | The authority of a court to declare legislative and executive acts unconstitutional and therefore invalid. Major source of legislative authority |
| Bureaucracy | A complex structure of offices, tasks, and rules in which employees have specific responsibilities and work with a hierarchy of authority. |
| Red tape | Excessive paperwork leading to bureaucratic delay |
| Government bureaucracies are charged with | Implementing policy |
| Purpose of the bureaucracy | Expertise, consistency, manpower |
| Who hires/fires appointments? | Constitution clear on the hiring, nominated by president, confirmed by senate, firing not outlined in constitution |
| Vital offices in early bureaucracy | Treasury, foreign affairs, war, attorney general |
| Division of oversight in bureaucracy | Presidents appoint senior offices, require senate approval, congressional creates offices |
| Examples of corruption | Exclusionary hiring practices, respectability lineage dominated, heavy fines for corruption |
| Democratizing the bureaucracy leads to... | Greater bureaucratization, greater democratization, more corruption |
| Examples of civil service reform | Push to protect people from being fired for partisan reasons, rotational offices, issues with of professionalization of bureaucracy |
| Effects of Pendleton Act | Merit system, from 10%-80% of employees, created standard higher procedures, less corruption, less responsive |
| Why was bureaucracy expanded? | Less power for presidents/congress |
| Effects of bureaucracy being expanded? | Large scale administrative demands, exploit expertise, avoid blame, establish stable policies, remove politics as a barrier to coordination |
| Characteristics of the cabinet | Matters for competition over resources/prestige, largely symbolic, presidents rely on cabinet for advice, in line of succession in the order of their creation. |
| Characteristics of independent executive agencies | Authorized by congress/president outside departments, normally to avoid political/bureaucratic slowness. |
| Characteristics of independent government corporations | When government provides good/services to population, act like a private corporation, less incentive to make a profit. |
| Effects if indirect administration | Government spending has gone up, number of employees has not gone up, many private industries rely on federal money (military, teachers, etc) |
| Who are the bureaucrats? | Mostly normal people who reflect the American population |
| Characteristics of professionalized agencies | long term work leads to bureaucratic culture, departments want autonomy to avoid being embroiled in partisan politics, more professionalism/expertise, can limit coordination/cooperation |
| Characteristics of bureaucrats as politicians | Resources scarce, departments/agencies build relationship with constituencies |
| Department of commerce is the | Chamber of commerce |
| Department of defense is the | Military industrial complex |
| Bureau of prisons is the | Prisoner advocacy group |
| How congress controls bureaucracy | Delegates broad authority to agencies, little guidance on exactly how the law should be executed, may give power to presidents |
| What are the mechanisms for congressional oversight? | Hearing and investigation, mandatory reports, legislative vetoes, committee and conference reports, limitation riders, inspectors general, government accountability |
| Hearing and investigation | Bureaucrats called before subcommittees to defend decisions. |
| Mandatory reports | Congress requires an agency to report on a program, legislative decisions made based on that report. |
| Legislative vetoes | House and/or senate veto on agency proposal. |
| Committee and conference reports | Committees outline how they expect an agency to carry out its responsibility |
| Limitation riders | Used to block money from being spent on specific things |
| Inspectors general | Independent offices housed in agencies that investigate those agencies |
| Government accountability offices | Huge office that can audit programs and report directly to congress. |
| Other congressional tools | Impose expiration dates on policies (federal register), provide more explicit details on how to do a job |
| Federal register | Official rules with the power of law, allows agencies to create rules in absence of detailed laws, provides a clear way courts/congress challenge these rules |
| More explicit details on how to do a job | Occurs when presidents place loyalists in key positions, congress has no trust in these loyalists, more frequent during divided government |
| Mechanisms for presidential oversight | Appointing people to offices, firing people who do things they don't like |
| Office of management and budget | Presidential budgets influence money agencies get, but presidents also have to keep bureaucrats happy |
| The courts and the bureaucracy | Courts power is entirely determined by lawsuits |
| Agencies can be _, hold no special status in lawsuits | sued |
| Administrative procedure act of 1946 | Judicial review of administrative decisions |
| Iron triangle | Narrowly focused subgovernments controlling policy in their domains, out of sight of oversight of the full congress, the president, and the public at large |
| Issue networks | The alternative concept of an iron triangle. If expertise matters, then regulation will occur away from the public view |
| Examples of issue networks | Lobbyists, think tanks, entrepreneurial legislators. |
| Captured agencies | When an agency is controlled by the interests it is supposed to regulate, it is said to be captured |
| Red tape | Excessive paperwork leading to bureaucratic delay |
| Why does the red tape exist? | Controlling the principal-agent problem, ensuring equal treatment of all subjects, protects bureaucrats from accusations of corruption |
| What are the 3 eras of judicial review | Nation vs state, regulating the national economy, civil rights and civil liberties |
| Nation vs state era | Least active, supremacy clause, McCulloh v Maidson (states couldn't tax fed govt), Dred Scott (returned power to states) |
| Regulating the economy | State/nation debate settled, scope of govt power unclear, originally strong protections of people to have/maintain property, corporations defined as people |
| Regulations under the regulating the economy era | Alcohol (prohibition), when something is of "public interest", courts wishy-washy on workplace laws |
| What changed the regulating the economy era? | New Deal/Court packing plan |
| Civil Rights/Liberties era | Courts had more time, commerce clause litigated, elastic clause litigated, rights of individuals were new territory, courts expanded power |
| Only the _ court is mentioned in the constiution | Supreme |
| The Supreme Court has the power to create | Inferior courts |
| Where in the constitution does the Supreme Court have the power of courts? | Article III |
| Which courts have the power judicial review | Courts of appeals, district courts, and supreme court |
| How many courts of appeals are there? | 13 |
| How many district courts are there? | 94 |
| What is federal jurisdiction? | Cases involving constitution laws, civil liberty violations, application of federal states to criminal and civil cases, cases involving citizens of a different state |
| When can states claim jurisdiction of federal jurisdiction? | If Congress does not take action |
| Cases that start in federal court start at the | district level |
| Cases can be appealed to _, then to _ | Courts of Appeal, Supreme Court |
| States can also get to the Supreme Court if | Remedies have been exhausted, if a state has violated the constitution in handling the case |
| Judicial decision making | Workload of the judiciary is extensive, Supreme court can only hear a small fraction of cases, inferior courts have immense power |
| How does the supreme court decide what cases to hear? | Rule of four, clerks manage the workload, justices lobby other justices to vote in favor of certain hearings |
| What types of cases are more likely to be heard? | Resolving Lower-Court disagreement, political cases |
| judicial doctrine | a set of rules laid out by the court to guide future decisions on similar cases, helps lower courts make decisions, provides a uniform standard for cases across the country |
| What 2 forms does the judicial doctrine take? | Procedural doctrine and substantive doctrine |
| Procedural doctrine | Standard operating procedures for how courts should decide cases, applies to lower courts and supreme courts |
| Stare decisis | "Let the decision stand" |
| Why is stare decisis not always used? | The precedent is ambiguous given facts of the case, case may involve two conflicting precedents |
| Who can initiate case in federal court? | When they have "standing" (directly effected by issue) |
| When are eases moot? | Case is resolved |
| Substantive doctrine | Supreme Court is not interested in individual cases. Focused on setting broad standards. |
| Informed government policy going forward | Miranda guidelines and abortion |
| What influences judge's views? | Political ideology |
| Steps supreme court decisions | the vote, majority opinion, concurring opinion, dissenting opinion |
| Does the Supreme Court truly have the last word on power? | Yes, but they have checks/limited power |
| Checks/limited power of Supreme Court | Massive caseload, no enforcement mechanism (they rely on people believing they have power), president can nominate new judges, senate can block/recommend judges, congress can change size of court |
| Attempts to shape the supreme court | More 5-4 decisions, less "senatorial courtesy", more judges voting the way the party expected, huge influence from non-government actors |
Created by:
KenzieMWallace105
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