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77 Cards in this Set
- Front
- Back
Formal Legislative Powers of Governor |
-Line Item Veto (but not "pocket veto") -Initiate Budget Process |
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Executive Powers of Governor |
Appointment: Few positions -Distrust btwn Governor and exec. positions Military: Commander of state militias, within state boundaries, no treaties with foreign countries Less power relative to POTUS |
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Judicial Powers of Governor |
Limited impact (lack of appointments) Most states elect local judiciary offices |
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Pardons and Clemency (& TX exceptionalism) |
TX has neither Pardon: Overturn of a criminal sentence Clemency: Reduction in severity of sentence -Comutation: Lift/delay death penalty Govs/POTUS grants pardons on way out Govs that do typically aren't seeking higher office |
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Newstadt on Informal Power |
"Presidential power is the power to persuade" |
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Why must Governors rely heavily on informal powers? |
The number of other elected executives serve as checks and balances Must rely on persuasiveness |
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Election of the Governator, Arnold |
2003-California Gov Ray Davis is extremely unpopular, recall vote for "Nobody" Arnold wins |
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Why is Arnold an effective Governor? |
Understands the power of celebrity status Topics he brings up go to forefront of discussion Not afraid to use threats |
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City Mangers are ________ because of authoritarian allocation of values. |
Powerful; Most of TX has city managers |
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How does one become a city manager? |
Not elected, hired by city council |
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Briefly describe city managers |
Reliant on formalized power, no celebrity status Politically-neutral professionals Contract shapes behavior |
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Legislative Power of City Managers |
Manager's staff creates bills for council to propose -Power to propose budget -Sets meeting agenda and info packet Wants good relationships with council members |
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Politics regarding Council members |
Most are part-time Less contested elections, non-partisan Hire city managers |
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City Managers serve who(m)? |
1) City that employs them today 2) Possible city that could hire them in the future Adopt policy that looks good for current and future city |
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Agency Executives are __________ |
Professionals; Not elected In charge of a specific operation mezzo-level bureacrats |
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Agency Executives and policy |
Involved in implementing, evaluating and updating policy within city government Tend to have specialized knowledge |
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Can a mayor/manager serve as a agency executive? |
No, cannot lead city if employed |
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Describe professionals and how they are constrained |
Expert who provides a service Formal Accreditation/License Loyal to principles of area; ethics Professional Society serves as "self-police" |
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'When Professionals Lead" Teodoro-2014 |
Engineers in charge of utilities result in better water -Not driven by technical ability -Engineering ethics permeate organization |
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Professionals, just like city managers are always considering ______ ______ |
Future Clients Adopt policies favored by organization |
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Innovation: Who is it linked to? Explain. |
Agency Executive Innovative leader doesn't guarantee innovation, but non-innovative leader ensures none |
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Bureaucratic Entrepreneurs |
Invest resources to deliver new innovation Reward: Better job in a bigger place |
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Vertical vs Diagonal Advancement |
Vertical: Work up through the ranks of one administration Diagonal: Start in one city, advance and move to another *Mobility rewards innovation |
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Law Enforcement Accreditation Teodoro-2011 |
Accreditation doesn't actually improve a police precinct Promotes diagonal advancement Hire outsider who isn't married, more likely to seek accreditation |
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What is a bureaucracy? |
Way to organize human beings Composed of rules, offices, tasks |
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Hierarchy and Task Specialization in a Bureaucracy |
Tasks are assigned to ensured efficiency and accountability -Max Weber |
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Describe the US exceptionalism regarding bureaucracy |
Impersonal nature *Bureaucracy is necessary for a functioning gov and economy, not bad compared to alternatives |
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Principal-Agent Model |
Principal: Boss Agent: Worker Come to a mutually beneficial agreement |
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Problems emerging for Principal |
Adverse Selection: Hiring the wrong person Moral Hazard: Agent misbehaves when not watched Problems of asymmetrical information |
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Solution to asymmetrical information gaps |
Background check Costly to perform, investigate/monitor |
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Benefits and restrictions of forms |
Establish procedural controls No amount of forms or oversight ensures a specific action |
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We want street-level bureaucrats to _____ _________ when attending to a situation. |
have discretion Robo-cop arresting kids fighting in park |
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Client Control |
Clients get some form of input |
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Bureaucrats have authority, then act ___ ______ of citizens |
on behalf |
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Formal Neutrality |
Informal rules are there to protect bureaucrat |
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Organizational Socialization |
Peer-Effect: Observe how peers act among public Organizational cultures are good predictors of action |
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Importance of Organizational Socialization |
Bond with others Disciplined by others |
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Wilkins and Williams-2008 |
As number of blacks officers increases, more stops occur based on race Identity as police overrides race identity |
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US vs Windsor: Same sex marriage Hollingsworth vs Perry Obergefell vs Hodges |
Attorney General can now nullify amendments by not defending them
Ob vs H: AG did defend laws, SCOTUS does rule them unconstitutional |
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Two higher level courts of TX |
Supreme Court: Handles all civil cases Court of Criminal Appeals: Crime cases All judges are elected in partisan races |
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Missouri Plan |
Selecting judges based on merit Non-partisan |
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Describe election of state judges |
By plurality for fixed terms Interest groups spend money on TV ads (higher in more competitive/active years) |
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How often do incumbent state judges win? |
85-95% of time Partisanship plays a huge role Least understood, but most respected branch of government |
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Attack Ads- Hall (2014) |
I: Amount of Attack Ads D: Change in vote for incumbent Works well against incumbent, but only in non-partisan instances |
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Sentencing near elections |
Harsher sentences nearer to elections Voters dislike light sentences Judges must please voters |
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Contributions and Decisions (2007) |
Attorneys are the leading contributors to judges and are more likely to win a case in front if donating Not bribery, have similar interests |
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Tocqueville on Legal Questions |
"There is hardly a legal question in the US that doesn't become a judicial question" US Exceptionalism (Judicial Review) |
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Judges should enshrine and protect the rights of ________ |
Minorities Adhere to legal theory, build on past precedents |
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Judges should be ______-________ ________ of legal policy |
Single-minded seekers However, they are normal people with biases; select cases that aids their argument Choice of venue is important |
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How are judges strategic? |
Anticipate how ruling will be interpreted |
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Local and State courts are typically ruled by what? |
Local and State decisions since most decisions rarely make it to the Supreme Court |
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Nullification |
Judge passes a law, Government passes an amendment that nullifies it Or doesn't enforce it |
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Langer 2003- Judges and Nullification decisions |
If it is difficult to amend constitution, judges are more likely to overturn previous decisions Less proactive in environments that can easily add amendments |
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Death Penalty and Public Opinion Brice and Boyea (2008) |
Conditional Effect: If people like penalty, judges are less likely to overturn a death sentence in elected instances |
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Partisanship Calderon, Canes-Wrone & Clark (2008) |
Judges are more inclined to be impacted by primary voter opinions over general voter opinions In contested states, steer more towards General Partisanship does matter |
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Judiciary is the ____ ________ of individuals |
Best Protector; US constitution doesn't mention local governments |
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True/False: Framers believed Constitution would apply to national and state governments |
False: Only the National Different rights and constraints as a state citizen and as a Federal citizen |
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Barron vs. Baltimore |
Does Bill of Rights apply to local gov? No, only to Fed gov |
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Civil War Amendments |
13,14,15 Amendments 14th aims to nullify Barron vs Baltimore Ends Duals Citizenship (temp); Contains a Privileges and Immunities Clause |
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Slaughterhouse cases result |
Lousiana argues 14th amendment applies to freed slaves
Reaffirms dual citizenship until incorporation beings occuring |
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What is Incorporation? |
Gradual integration of 14th amendment and Bill of Rights to remove Dual Citizenship |
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Gitlow vs New York (1922) |
SCOTUS agrees 1st amendment is a right (but not for issue of public security) |
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Malloy vs Hogan (1964) |
Argues 14th amendment extends 5th amendment to him |
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What is the only amendment in the Bill of Rights that hasn't been incorporated? |
7th Amendment |
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What influences a Governor's power? |
-Length of term -Veto Power -Fragmentation of the state executive -Budget-making powers -Appointive powers |
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What are the two main reasons why Governors leave office? |
Term Limit Voluntary Retirement |
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Governor salaries best correlate to ----? |
Legislative salaries (i.e. High --> High) No correlation to formal powers |
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3 Largest Groups of state&local workers |
1) Teachers 2) Health Care 3) Fire Safety and Police |
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Hatch Act of 1939 |
Most partisan involvement by Federal employees is illegal |
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Population reflection in state and local government |
Most representative of population it represents of any level of government |
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Nearly all trials occur in _________ courts |
local/state |
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State and local government most frequently prosecute _______ cases |
Criminal |
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Result of a criminal trial |
Guilty or not guilty |
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Result of a civil trial |
Damages are awarded to plaintiff if he prevails |
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Briefly describe the role appellate courts play |
Review case for inconsistencies; do not "retry" Extremely difficult to take case to Due to cost, corporations are most likely to seek |
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"Court of Last Resort" |
State Supreme Court |
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Courts should aim to ensure _______ rule and protect _________ rights |
Majority; minority |