Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
115 Cards in this Set
- Front
- Back
|
What is a bureaucracy?
|
An organization that implements government policies.
|
|
|
A bureaucracy is where...
|
the work gets done.
|
|
|
What is a bureaucracy composed of?
|
Non elected, highly trained professional administrators and clerks hired on a full time basis to perform administrative services and tasks.
|
|
|
Roughly how many federal employees do we have in America and what are some examples of the federal employees?
|
3 million federal employees and some examples are: teachers, DMV employees and more.
|
|
|
What is a bureaucracy always striving for?
|
Balance, because people desire fairness.
|
|
|
What are some negative things about a bureaucracy?
|
Red tape, paper shuffling and devolution.
|
|
|
What are some qualities of a bureaucracy?
|
Hierarchy, explicit rules (at no digression to bend the rules), merit (means by which you advance) and neutral competence.
|
|
|
Regarding the history of bureaucracy, what is the spoils system?
|
The spoils system is a system of political patronage wherein loyal party supporters are awarded with key government positions when a party wins office or takes the majority in the legislature.
|
|
|
What is the Pendleton Act of 1883?
|
The Pendleton Act of 1883 is a federal law in the U.S. that established the rules and regulations regarding who could be hired for and retain jobs within the federal government.
|
|
|
What is the Hatch Act?
|
This was designed to keep politics from duty. Officially, it is- an act to prevent federal government employees from participating in any partisan activities or in other activities that defied the constitutional system of government.
|
|
|
What is civil service?
|
This ensured that employees of the federal government were given jobs based on merit rather than political affiliation. These are non-military employees.
|
|
|
What is rule-making power ratio?
|
20:1
|
|
|
What is organized expertise?
|
This consists of technocrats and people that lack broad based knowledge. (There knowledge is concentrated in one area) It is like this because higher up people have better things to do and don't have specialized knowledge.
|
|
|
What is technocracy?
|
Technocracy is the theory and movement, prominent about 1932, advocating control of industrial resources, reform of financial institutions, and reorganization of the social system, based on the findings of technologists and engineers.
|
|
|
Why do we have shifts in responsibility?
|
Because of vague restrictions.
|
|
|
What is bureaucratic expansionism and what does it encompass?
|
It is huge! We have expanded from roughly 2000 people to 20,000 (from 1940 to 2007). The reason for this is because we want to have more federal and state employees. We have a capitalist, profit driven economy- which serves as a major drive for this.
|
|
|
What does the organization of Bureaucracy look like?
|
It is a giant machine with a huge mission to implement policy. It consists of cabinet, independent agencies, regulatory boards and commissions and government corporations.
|
|
|
What is a cabinet in bureaucracy?
|
It is made up of 15 departments. (i.e. Commerce, defense, HUD, Interior and more); it has secretaries and is meant for policy implementation.
|
|
|
What are independent agencies in a bureaucracy?
|
They have a narrower policy focus, such as NASA or the Peace corp. They are supposed to be free from political influence.
|
|
|
What are regulatory boards and commissions in a bureaucracy?
|
They set and monitor restrictions, like the FCC.
|
|
|
What are government corporations in a bureaucracy?
|
They are things like USPS and Amtrak. Being a cabinet level department in this adds prestige.
|
|
|
What is bureaucratic culture and what does it consist of?
|
It is composed of: Policy commitment, bureaucratic behavior, specialization and expertise, ID with the agency and- negatives.
|
|
|
What is bureaucratic behavior?
|
Elaborate rules seem normal.
|
|
|
What is specialization and expertise?
|
Knowledge is power, which leads to turf guarding.
|
|
|
What are the negatives of bureaucratic behavior?
|
Cover ups, inter-agency politics, and turf guarding (protection of one's expertise). Also- constituency building.
|
|
|
What is the difference between appointees and civil servants?
|
They have conflicting agendas. They also have conflicting time frames- civil servants are for life, while appointees operate on a MUCH shorter time frame. They also have different skill levels. While civil servants have the same jobs for years with little to no change in operation, appointees go for short terms that are ever-changing. No expertise is needed. A good example of how messed up it is the classic- not being able to give someone a stupid form at the DMV.
|
|
|
What kind of power does the president have in a bureaucracy?
|
Appointment power, budget proposal, government reorganization, and persuasion.
|
|
|
What is congress' power in a bureaucracy?
|
They are an iron triangle, which makes for a monopoly of power. (Congress, industry (lobbyists) and Bureaucrats make this up); they are also a revolving door in respect to bureaucracy.
|
|
|
What is citizen's role in a bureaucracy?
|
Citizen's have advisory councils, sunshine laws, and freedom of information act (established in 1966) which was made to give the public the right to have access to information from federal government agencies. This was prompted by the Watergate Scandal later to make amendments to, as directed by the FOIA.
|
|
|
What are the sunshine laws?
|
The Sunshine laws, officially, are- U.S. federal and state laws requiring regulatory authorities' meetings, decisions and records to be made available to the public.
|
|
|
So, what do bureaucrats do?
|
Implementation, Regulation and Adjudication.
|
|
|
What is regulatory quagmire and what does it consist of?
|
Need for regulation, over-regulation, captured theory of regulators, activist regulators and hidden costs.
|
|
|
In regard to congressional elections, what is redistricting?
|
To divide anew into districts, as for administrative or electoral purposes. A district is a division or territory, as of a country, state or county marked off for administrative, electoral or other purposes.
|
|
|
In regard to congressional elections, what is reallocation?
|
to fix the place of; locate
|
|
|
What is gerrymandering?
|
Separating of state, county, etc. into election districts to give one political party a majority in many districts while concentrating the voting strength of the other party into as few districts as possible.
|
|
|
What is incumbency?
|
A duty or obligation. An incumbent person has holding an indicated position, role, office, etc. currently 'the incumbent officers of the club.'
|
|
|
Regarding the origins of congress, which is the strongest branch?
|
The founders.
|
|
|
What are we (the founders especially) always striving for?
|
Finding a balance of power.
|
|
|
What are the enumerated powers?
|
Powers specifically delegated to the congress by the U.S. consitution.
|
|
|
What are the enumerated powers, specifically.
|
They are:
-standard weights and measures, coining money, post offices and post roads. |
|
|
Regarding the functions of congress, what is policy making?
|
It is a CENTRAL responsibility.
|
|
|
Regarding the functions of congress, what is oversight?
|
It is a check on the executive branch.
|
|
|
Regarding the functions of congress, what is agenda setting and what does it entail?
|
In order to do their job they must work together. Parties will check on each other. It shouldn't be so partisan- meaning that it shouldn't be biased or have an emotional allegiance to any said issue. They are supposed to mandate rejection as well.
|
|
|
How does congress manage societal conflict?
|
Republicans took a gamble on obstructionism (systematically blocking a process); congress doesn't even show up to debates- people are essentially talking to empty floors.
|
|
|
How does the house compare to the senate?
|
The house is larger, it has a shorter election cycle and has a narrower constituency.
|
|
|
What is a constituency?
|
A body of constituents; the voters or residents in a district represented by an elected officer; the district itself; any body of supporters, customers, etc.
|
|
|
How does the senate compare to the house?
|
It is smaller, has a broader constituency and is more deliberative, meaning they more carefully weigh and consider things. They take steady, leisurely action.
|
|
|
What does current senate leadership look like?
|
o Vice president: Joe Biden
o President pro tempore: Daniel Noyke o Majority leader: Harry Reid o Majority whip: Dick Durbin o Minority leader: Mitch McConnell o Minority whip: John Cornyn |
|
|
What is the only change after an election?
|
A minority whip.
|
|
|
Where is the senate power?
|
Within the majority and minority leaders.
|
|
|
What kind of politicking is done within congress?
|
Internal politicking.
|
|
|
Parties have a crap ton of power in which places?
|
Staff, office space and campaigning.
|
|
|
What does our current H.O.R. leadership look like?
|
o Speaker of the house: John Behner
Top and most powerful people in D.C., among them that is o Majority leader: Eric Cantor o Majority whip: Kevin McCarthy Designed to get people to vote a certain way o Minority leader: Nancy Pelosi 1st female speaker of H.O.R. o Minority whip: Steny Hoyer |
|
|
What does the legislative process encompass?
|
Introducing a bill, the bill then goes to a committee where there is agency review, hearings and markup, report, then goes to debate on the house and senate floor, then goes to presidential action.
|
|
|
What is the concept for legislative consideration?
|
o HOUSE: bill is introduced; SENATE: Bill is introduced
o HOUSE: Subcommittee; SENATE: subcommittee o HOUSE: Committee; SENATE: committee o HOUSE: rules committee schedules debates; SENATE: senate leadership schedules debate o HOUSE: floor action; SENATE: floor action o HOUSE: house bill; SENATE: senate bill |
|
|
What are the differences between the senate and H.O.R.'s regarding the concept for legislative consideration -if yes?
|
If yes...• Conference committee
• Conference bill • Floor action o Presidential approval? Yes- bill becomes law No- veto; override veto- yes- bill becomes law No-veto; override veto- no- legislative process starts again |
|
|
What are the differences between the senate and H.O.R.'s regarding the concept for legislative consideration- if no?
|
If no- presidential approval?
• Yes- bill becomes law • No- veto; override veto- yes- bill becomes law • No-veto; override veto- no- legislative process starts again |
|
|
How does decision making go in congress?
|
There is political parties and partisanship, colleagues and staff (trading votes and information), interest groups (influence through organization and money), then there is the president's effect and the constituent's effect.
|
|
|
What is public sentiment?
|
A societal attitude or mental feeling toward something- an emotion.
|
|
|
What is the honeymoon period of approval ratings?
|
They begin high, then usually decline (for any president). This tends to be the norm...
|
|
|
What is the significance of approval ratings?
|
It has to do with the president's ability to get things done- it is a reflection of how well the public believes he/she can get things done.
|
|
|
What are disapproval ratings? What are their causes?
|
Disapproval ratings (obviously- disapproval of the prez.); causes include: education, military and economic things.
|
|
|
What are the qualifications for the president?
|
Framers (limited executive), must be a natural born citizen, must be age 35+, electoral college votes them in (essentially) and they complete a 4 year term. Eligible for re-election, but only can serve 2 terms, as indicated by the 22nd amendment.
|
|
|
What is the duty of the vice prez?
|
To preside over the senate and cast his vote in case of a tie. He takes over if the president is removed or dies, as indicated by the 25th amendment (declared in 1967). "In case of removal of the prez from office or of his death or resignation, the vice prez shall become prez."
|
|
|
What is the order of the prez succession act?
|
V-P
Speaker of the House President Pro Tempore State (secretary) Treasury Defense Attorney General Last person (18th in line): Homeland Security |
|
|
What reasons can the president be removed?
|
For: treason, bribery, high crimes and misdemeanors; the house investigates and can impeach; the senate tries president for crime and can convict.
|
|
|
What are the powers of the president?
|
"The executive powers shall be vested in a president"
Expressed and inherent- Essential. |
|
|
Who is the prez as a chief administrator?
|
Implements national policy, prepares executive budget, supervises the executive branch, appoints head of departments, and has a cabinet (advisory group).
|
|
|
What is a cabinet made up of?
|
Usually people close to the prez- under Obama the number of women and minority members has grown stronger, but we saw the most minority and female members under Clinton with 13 women and 11 of minority, while Obama has 7 and 9.
|
|
|
Who is the prez as the chief legislator?
|
He checks on congress, sets the agenda, can veto and has executive order.
|
|
|
Who is the prez as the party leader?
|
He controls the national party organization, influences state and local parties.
|
|
|
Who is the prez as the chief diplomat?
|
He makes treaties, executive agreements, appoints ambassadors and receives dignitaries (VIP's).
|
|
|
Who is the prez as the chief of state and crisis manager and where do we see a reflection of this?
|
With GW Bush and 9/11 we saw a rise in approval ratings, while our economy plummeted; while with Obama we see the concern about the fiscal cliff and our bundle of momentous tax increases and spending cuts start to scare.
|
|
|
Who is the prez as the commander in chief?
|
"The prez shall be the commander in chief of the army and the navy of the U.S." War Powers Act of 1973- prohbits the prez from engaging in military actions for more than 60 days, unless congress voted approval. We use military for preemptive and preventative war strategies as identified in our political objectives.
|
|
|
When do we use military force?
|
The Powell Doctrine- if vital interest. It goes through a series of these questions:
Is a vital national security interest threatened? Do we have a clear attainable objective? Have the risks and costs been fully and frankly analyzed? Have all other non-violent policy means been fully exhausted? Is there a plausible exit strategy to avoid endless entanglement? Have the consequences of our action been fully considered? Is the action supported by the American people? Do we have genuine broad international support?[1] |
|
|
What kind of power does a president have judicially?
|
He can appoint federal judges, has the ability to pardon- restore a person to the state of innocence they had before they committed a crime.
|
|
|
Where does the prez struggle for power lie?
|
Persuasion, going public and working with congress.
|
|
|
What about the Executive office of the prez? What is it made up of?
|
It was created by FDR and consists of a National Security Council, Office of management and budget, council of economic advisers, W.H. Chief of staff, vice-prez and the first lady.
|
|
|
Who is the National Security council and what do they do?
|
o This is usually an executive branch governmental body responsible for coordinating policy on national security issues and advising chief executives on matters related to national security.
|
|
|
Who is the office of management and budget and what do they do?
|
o This is a Cabinet-level office, and is the largest office within the Executive Office of the President of the United States (EOP). The main job of the OMB is to help the President prepare the budget.[2] Also the OMB measures the effectiveness of agency programs, policies, and procedures and to see if they comply with the President's policies.
|
|
|
What does a public opinion poll entail?
|
It has psychological functions of simplifying the perception of government, providing outlet for emotional expression, creating American royalty (i.e. 1st lady dresses- now featured in Vogue and in museums like the Smithsonian), unity and nationhood (we live through years of decisive, partisan government) and social stability.
|
|
|
What does the judiciary consist of?
|
Faith in our system, civil law and common law.
|
|
|
What is the adversarial system in the common law tradition?
|
This is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.
|
|
|
Regarding judicial review, the court is...
|
the weakest branch. Hamilton once said "it is the least dangerous (because it lacks) the purse or the sword."
|
|
|
What is the case of Marbury vs. Madison of 1803? What happened?
|
This was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.
|
|
|
What are the kinds of laws?
|
Substantive, procedural, criminal, civil, constitutional, statutory, administrative and executive orders.
|
|
|
What are substantive laws?
|
o Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments (in the criminal law), civil rights and responsibilities in civil law.
|
|
|
What are procedural laws?
|
o or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claims and defenses whose validity is tested through the procedures of procedural law, is different from procedural law.
|
|
|
What are criminal laws?
|
o This is the body of law that relates to crime. It is the body of rules that regulates social conduct that proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people. Criminal law also sets out the punishment to be imposed on people who violate these laws. Criminal law differs from civil law, whose emphasis is more on dispute resolution and victim compensation than on punishment.
|
|
|
What are civil laws?
|
o This is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case. Civil law differs from criminal law, whose emphasis is more on punishment than in dispute resolution. The law relating to civil wrongs and quasi-contract is part of the civil law.
|
|
|
What are constitutional laws?
|
o This is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.
|
|
|
What are statutory laws?
|
o Is written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive or common law of the judiciary) or by a legislator (in the case of an absolute monarchy).[1] Statutes may originate with national, state legislatures or local municipalities. Statutes of lower jurisdictions are subordinate to the law of higher.
|
|
|
What are administrative laws?
|
o This is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law.
|
|
|
What are executive orders?
|
o A rule or order issued by the president to an executive branch of the government and having the force of law.
|
|
|
What is a dual court system?
|
A legal, organizational structure that supports two contemporaneous court systems: usually one @ local level and one @ national level.
|
|
|
What is federal law?
|
This applies to the countries as a whole, it is designed to uphold and implement constitutional mandates.
|
|
|
What are state laws?
|
They vary place to place, and generally states are able to adapt as they see fit.
|
|
|
What was the dual system designed to provide?
|
A certain degree of autonomy to local governments, while still ensuring some degree of judicial checks and balances. This is both efficient and a reflection of a diverse peoples diverse needs, seeing as this is in direct correlation with our large population.
|
|
|
What is jurisdiction?
|
It refers to the boundary of authority.
|
|
|
What are the characteristics of jurisdiction, or more so- it's functions?
|
To hear and make a decision on cases, this however does not give every court the authority to hear every case. Cases stay in the system.
|
|
|
How is the Wisconsin state court made up?
|
It is a trial court, that has original jurisdiction. It is made up of municipal courts, circuit courts and court of appeals.
|
|
|
How are the municipal courts in Wisconsin?
|
252 municipal courts, usually part-time, no juries
Jurisdiction: ordinance violations |
|
|
How are circuit courts in Wisconsin?
|
241 circuit judges in 72 countries
Elected county-wide, six year term, non-partisan |
|
|
How are court of appeals in Wisconsin?
|
16 judges in 4 districts (HQ: Milwaukee, Madison, Waukesha and Wausau)
Elected district-wide, 6 year term Chief Judge appointed by Wisconsin Supreme Court |
|
|
How is the Wisconsin S.C.?
|
o 7 justices, 10 year terms, state-wide election
o Chief Justice: Shirely Abrahamson o Court of last resort in state system |
|
|
How is the S.C. in other states?
|
They all have their own system, generally a 3-tier approach. They have trial, appellate and state supreme court.
|
|
|
What is the function of an appellate court?
|
To review decisions of lower courts or agencies.
|
|
|
How is the U.S. Supreme Court made up underneath? (Since they are top gun)
|
o Highest State of Court of Appeals
State Appeals Court Local Trial Courts o US Federal Court of Appeals (173 courts) US Federal District (194 courts) o Court of Military Appeals Court of Claims Court of International Trade |
|
|
How do USSC Hearings go?
|
They are under original jurisdiction and appellate jurisdiction (review decisions made by lower courts)- they hear about 90 per year and receive almost 7,000 petitions, they sometimes file for a petition for a writ of certiorari, follow a rule of 4, and have sessions.
|
|
|
What is a petition for a writ of certiorari?
|
This is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine,[3] and other law, meaning an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review.
|
|
|
How does decision making go in jurisdiction?
|
o Activist Judge
o Strict Constitutionalist o Process Opinion Concurring (agreement) opinion Dissenting (unorthodox, uncooperative) opinion |
|
|
How do federal judges function?
|
o Appointed by the president, confirmed by the senate
o Term of ‘good behavior’ No qualifications listed o How chosen? Merit Political ideology Reward Representation Recruitment process is critical |
|
|
How does the confirmation process go?
|
o Most appointments: Senatorial courtesy
o Senate judiciary committee Full senate vote Rejections Filibuster • A filibuster in the U.S. senate usually refers to any dilatory or obstructive tactics used to prevent a measure from being brought to a vote. The most common form of filibuster occurs when a senator attempts to delay or entirely prevent a vote on a bill by extending the debates on the measure, but other dilatory tactics exist. Withdraw |
|
|
What are some of the controversies with the Supreme Court?
|
Robert Bork (1987)
Was nominated by President Reagan to serve as an associate justice of the U.S. Supreme Court, but the senate rejected his nomination Clarence Thomas (1991) Replaced Thurgood Marshall (who had announced his retirement) on Supreme Court, as appointed by George W Bush |
|
|
What is the current U.S. Supreme Court line up?
|
o Chief Justice: John Roberts
o Associate Justices: Antonin Scalia Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samule Alito Sonia Sotomayer Elena Kagan |
