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94 Cards in this Set

  • Front
  • Back
Appropriations And Budget
Budget Requests
A request for a different budget other than the annual budget
Appropriations And Budget
OMB
Assists the President in overseeing the preparation of the federal budget and to supervise its administration in Executive Branch agencies
(Office of Management And Budget)
Appropriations And Budget
CBO
Assists the House and Budget Committees + Congress by preparing reports and analyses on the budget.
Appropriations And Budget
GAO
Investigates how the federal government spends its taxpayer dollars, gathers info for congress on how well the executive brach agencies are doing their jobs, answer basic questions on whether government programs are meeting objectives... OVERSIGHT
Bureaucracy
Powers To Implement/regulate/spend
Implement: They carry out decisions of Congress
Regulate: They use rules to regulate policys
Spend: Implement laws through spending (GDP)
Bureaucracy
Advantages the bureaucrats have over the executive in policy making
The bureaucrats are able to implement the policy making of Congress and control the amount of spending they put into the law
Bureaucracy
Predictors for the agencies annual budget
The predictors are
Bureaucracy
Criticisms
Too many rules, too slow to implement laws, too much red tape, Don't know who to report to...
Bureaucracy
"administrative discretion"
Authority given by Congress to the federal bureaucracy to use reasonable judgement in implementing laws
Bureaus
FBI
Investigates federal crimes
Independent Agency
Bureau
Internal Revenue Service
Collects all federal taxes
Independent Agency
Congressional Oversight
Legeslative or Executive review of a particular governement program or organization. Can be in response to a crisis of some kind or part of routine review
Bureaucrat
A career government employee
Civil Service Exam
The exam given to a person who wants to become a civil servant
Civil Service: Federal Employees who work for the government through a competitive, not a political selection
Civil Service Commission
Created by Pendleton Civil Service Reform Act in response to Garfield's assassination
required civil servants to take exam
Clientele Organization/Agency
Executive cabinet department for interests from a specific group or minority.
Ex Department of Veteran's Affairs, Department of Labor, Department of Education
Controlling Bureaucracy/Oversight
Methods Used By President
Powers of Appointment
Shifting agencies assignment from one to another department
Controlling Bureaucracy/Oversight
Methods Used By Congress
Establishing Agencies
Formulating Budgets
Appropriating Funds
Confirming Personnel
Authorizing New Programs
Controlling Bureaucracy/Oversight
Bureaucracy's source of power
Implementing Laws
Executive Departments (15)
Department of Agriculture (USDA)
Department of Commerce (DOC)
Department of Defense (DOD)
Department of Education (ED)
Department of Energy (DOE)
Department of Health and Human Services (HHS)
Department of Homeland Security (DHS)
Department of Housing and Urban Development (HUD)
Department of Justice (DOJ)
Department of Labor (DOL)
Department of State (DOS)
Department of the Interior (DOI)
Department of the Treasury
Department of Transportation (DOT)
Department of Veterans Affairs (VA)
Federal Register
The official record of what the federal bureaucracy does.
Freedom Of Information Act
a federal law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States Government
Government Corporations
Amtrak
The national railroad passenger corporation
Owned by the government
Government Corporations
US Postal Service
responsible for all mail for the United States authorized by Constitution
GSA
not sure
Hatch Act
A federal statute barring federal employees from active participation in certain kinds of politics and protecting them from being fired on partisan grounds
Independent Regulatory Commissions
Purpose
They are formed and accorded power by Congress to regulate a specific industry. Within the authority granted them by Congress, they have the power to form and enforce their own regulations.
Independent Regulatory Commissions
Compare Power to Cabinet Departments
more powerful because they are independent of the Congress.
Independent Agencies
An agency outside of the presidents control.
Interstate Commerce Commission
to regulate railroads (and later trucking) to ensure fair rates, to eliminate rate discrimination
Informal Power Structures
not sure
Investigation Power
Oversight
Iron Triangle
the policy-making relationship among the congressional committees, the bureaucracy (executive) (sometimes called "government agencies"), and interest groups.
Issue Networks
an alliance of various interest groups and individuals who unite in order to promote a single issue in government policy
Merit System Or Principle
A system of public employment in which selection and promotion depend of demonstrated performance rather than political patronage
Munn vs Illinois 1877
upheld legislation proposed by the National Grange to regulate the rates of railroad owned grain elevators, declaring that business interests (private property) used for public good be regulated by government
Office of Personnel Management (OPM)
an independent agency of the United States government that manages the civil service of the federal government
Patronage
the support, encouragement, privilege, or financial aid that an organization or individual gives to another
Pendleton Act
a federal law established in 1883 that stated that government jobs should be awarded on the basis of merit
Privatization/Deregulation
transferring ownership of a business, enterprise, agency or public service from the public sector to the private sector
Red Tape
excessive regulation or rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents action or decision-making
Reforming The Bureaucracy
It would be a huge task and unrealistic
Rule Making Process
After Congress passes new regulatory laws, the agency charged with implementing the law proposes a series of rules, which are published in the Federal Register. Interested parties can comment on the rules, either at public hearings or by submitting documents to the agency. After the agency publishes the final regulations, it must wait sixty days before enforcing those rules. During that time, Congress can review and change the rules if it desires. If Congress makes no changes, the rules go into effect at the end of sixty days.
Independent Regulatory Commissions
Federal Trade Commission (FTC)
principal mission is the promotion of consumer protection and the elimination and prevention of what regulators perceive to be harmfully anti-competitive business practices, such as a monopoly.
Independent Regulatory Commissions
Securities and Exchange Commission (SEC)
holds primary responsibility for enforcing the federal securities laws and regulating the securities industry, the nation's stock and options exchanges, and other electronic securities markets in the United States
Independent Regulatory Commissions
Occupational Safety And Health Administration
mission is to prevent work-related injuries, illnesses, and occupational fatality by issuing and enforcing standards for workplace safety and health
Independent Regulatory Commissions
Federal Reserve Board
the board of the central bank of the United States
Independent Regulatory Commissions
Interstate Commerce Commission
purpose was to regulate railroads (and later trucking) to ensure fair rates, to eliminate rate discrimination
Independent Regulatory Commissions
Federal Communications Commission
to make available so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, rapid, efficient, Nation-wide, and world-wide wire and radio communication services with adequate facilities at reasonable charges
Senior Executive Service (SES)
Established by Congress in 1978 as a flexible, mobile core of senior career executives who work closely with presidential appointees to manage government
Spoils System
a system of public employment based on rewarding party loyalists and friends
Sunshine Laws
U.S. federal and state laws requiring regulatory authorities' meetings, decisions and records to be made available to the public
Whistle-blower Protection Act 1989
A United States federal law that protects federal whistleblowers, who work for the government and report agency misconduct
Max Webber
Described the bureaucracy as a good thing...
What does the 4th amendment protect us from?
unreasonable searches and seizures
What does the 5th amendment provide?
double jeopardy
What does the 6th amendment guarantee?
trial by jury
What does the 8th amendment protect us from?
cruel and unusual punishment and excessive fines
What does a police officer usually have to have in order to get a search warrant?
probable cause
What is probable cause?
the reason that the police have for needed to search the place or person
What things have to be described in a search warrant?
place to be searched
thing to be seized
probable cause for the warrant
What is a plea bargain?
an agreement between the prosecution and the defense where the defendant pleads guilty to a lessor offense and avoids trial.
What is double jeopardy?
being tried for the same crime twice or being punished for the same crime twice
de facto segregation
segregation that arises as a result of social and economic conditions such as housing patterns.
de jure segregation
officially sanctioned segregation: like "separate but equal school systems"
What is "due process"?
rules and regulations that restrain federal and state government officials
What is "procedural due process"?
the constitutional requirement that limits HOW the government exercises power:
Give an example of procedural due process
criminal trials
administrative proceedings
What is "substantive due process"?
the constitutional requirement that the government ACT REASONABLY and the the laws themselves be FAIR AND REASONABLE
What civil liberty has the Supremen Court used the doctrine of substantive due process to create
right to privacy
What were the significant decisions of the Warren Court?
They were
What is the Educational Amendments Act (Title IX)?
prohibits the discrimination based on sex of any education program receiving federal money
What is eminent domain?
The power of federal and state governments to take PRIVATE PROPERTY FOR PUBLIC USE, the government must provide fair compensation.
What is the Equal Pay Act of 1963/
It was
What was the Equal Rights Amendment
An amendment to the constitution guaranteeing equal rights for women that failed to be ratified by enough states to become part of the constitution.
What is the "equal protection clause"?
The clause in the 14th amendment that forbids any state to deny any person in its jurisdiction the equal protection of the laws.
What have the courts used the "equal protection clause" to do?
to restrain the government's power to discriminate against persons based on sex, race or national origin.
What is equality of opportunity?
a belief shared by most Americans that everyone should have the same chances in life to succeed and live the way they want to.
exclusionary rule?
Evidence obtained in violation of the law or the constitution may not be used at trial.
What is the doctrine of "selective incorporation"?
court rulings that have applied, on a case by case basis, the DUE PROCESS CLAUSE OF TH 14 AMENDMENT TO THE BILL OF RIGHTS. Essentially, this legal doctrine has altered the balance of power between federal and state government, applying federal standards to many state areas.
What is 'freedom of expression"?
speech and expressive actions: First Amendment prohibits Congress from passes laws abridging freedom of speech
What are the two main categories of speech for purposes of the legal ruling in first amendment free speech cases?
protected speech
non protected speech
What is "protected speech"
all speech other than non protected speech
What is 'non protected speech"?
four narrow categories:
libel
obscenity
fighting words
commercial speech
What is libel?
published defamation or false statements
What is obscenity?
Legal definition follows the Miller v. California three part test
What are fighting words?
words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence
What is commercial speech?
advertising and commercials
What is "prior restraint" of speech
government forbidding publication of something
What types of restrictions on protected speech are likely to be constitutional?
content neutral restrictions
viewpoint neutral laws that have a legitimate government purpose and are narrowly tailored
What are the two parts to freedom of religion in the first amendment?
establishment clause
free exercise of religion
What is the "establishment clause"?
separation of church and state: specifically it says that government shall make to laws respecting the establishment of religion
What is the "free exercise clause"?
the government can not make a citizen believe any one religion or deny a right to a citizen because of religious belief.
What amendment guarantees freedom of speech and assembly?
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