How can a presidential veto be overridden?
by 2/3's vote in the house and senate
T/F the president can just make treaties
false, must have 2/3 vote in senate
Executive
A person or group that has administrative and supervisory responsibilities in an organization or government.
Weak Executive Model
A model of the presidency in which the executive would have a limited term, would have no veto power, and would be allowed to exercise only the authority explicitly granted by congress.
Strong Executive Model
A model of the presidency in the powers of the executive office are significant and independent from congress.
Positive Government
The idea that the government should play a major role in preventing or dealing with the crisis that faces the nation
Informal/inherent powers of the president
executive order
executive agreement
executive privilege
issue executive pardons
T/F
executive agreements are a contract between 2 or more nations, they're similar to a treaty, but don't require 2/3's vote from senate
true
President can withhold information that affects national security and official duties
executive privilege
Which Amendment is for states rights
10th amendment
NAFTA, GATT are examples of
executive agreements
What view of presidential power thinks the president should only be able to do what's listed in the constitution
Restrictive view of presidential power
View that the president is a supervisor of the people and should do anything not prohibited by the constitution
Stewardship Doctrine
View that pres must do what is necessary to protect the constitution
prerogative view
Prerogative president example
Abe Lincoln, did many unconstitutional things to protect the Union, the country and the constitution
T/F
the vice president has different powers than the president
false, lists no formal executive powers or responsibilities
Contradictions of the president
listen, but lead
be ordinary, but extraordinary
be nonpartisan, but also represent their party
Set the president up for failure
presidential paradoxes or contradictons
Why has presidential power grown?
- individual leadership,
- public expectations,
- congressional delegation of authority
2 most ambiguous clauses
1- take care clause
2- commander-in-chief clause
Uses the rally effect to expand powers (post disaster, country comes together)
pres can send troops w/o congress approval (not declaring war)
commander in chief clause
Take care clause means
- president "takes care" that laws are faithfully executed
- can authorize bureaucracy to take action
T/F precedent expands presidential power
true, once one can do it, they all can
Precedent set by George Washington
executive order
executive privilege
Take care clause lead to the formation of what powers
executive order
executive privilege
executive agreements
What act tried to limit the commander in chief clause?
war powers act of 1973
largely unsuccessful
pres must now notify congress 48 hours prior and get approval before sending troops on a mission if it will last longer than 60 days
Unitary office means
presidents are held accountable b/c there is just one of them and they're supposed to be the top person
National constituency =
before the great depression, govt was limited, then FDR raised public expectation that govt was supposed to ensure prosperity
T/F congressional delegation of authority further limits the pres powers
false, it expands them further, giving pres new responsibilities
Why does congress delegate authority
congress doesn't want to decide controversial, unpopular issues, or the issue is too complex, or it's not going to get them noticed in that MC's district
- Inside the beltway bargaining
- Approval ratings
- Going public
Are all examples of
president's persuasion techniques
T/F
modern presidents still use Inside the beltway bargaining
false, really a 19th and early 20th century presidential trait
T/F
inside the beltway bargaining led to the partisanship being less polarized
false, made even greater partisan polarization
Presidents are most productive during their______
honeymoon phase, when they 1st take office
- Economic state
- Scandals
- International events
factors that affect approval ratings
Reasons why many are concerned with the president going public
- no benefit from compliance with pres (no bargaining)
- non compliance could result in not getting reelected
- president can convince public easier than congress
Demagogue (dema-gog-ree) is what
the founding fathers feared that the president could inspire passion in factions and squash minority factions/views
T/F
going public is a 20th century phenomenon
true, except andrew johnson who was in the 19th century
Pocket Veto
The veto resulting from a president taking no action, before Congress adjourns, on legislation that has passed Congress.
Party Polarization
Situation in which policy positions within political parties become more homogeneous, and policy positions across the parties move farther apart.
Unilateral Powers
Presidential directives that carry the weight of a law, even though they have not been formally endorsed by Congress.
Signing Statements
Pronouncements of how the president intends to interpret and apply a law when he signs a bill into a law.
National Security Directive
A type of executive order with the force of a law authorizing federal agencies or officials to take some action to protect national security.
Bureaucracy
The term used to refer to the agencies of the federal government. It also refers to an organizational framework and has negative connotations.
Neutral Competence
The idea that agencies should make decisions based on expertise rather than political considerations.
Cabinet departments
The 15 largest and most influential agencies of the federal bureaucracy.
Independent agencies
Federal agencies that are not part of the cabinet-level executive departments.
Advisory committees
Temporary or permanent organizations created to provide information and technical expertise to the bureaucracy.
Overhead democracy
The idea that the bureaucracy is controlled through the oversight of elected officials, who are chosen by the people, thus giving the populace control over the bureaucracy.
Legislative veto
Congress has the ability to reject an action or decision of the bureaucracy.
Adverse selection
Principal's lack of information about the abilities of an agent.
Moral hazard
Principal's lack of information about the effort of an agent.
Going Public
Political strategy in which the president appeals to the public in an effort to persuade congress
- Potential to mislead
- Don't get supported
- Lose approval
risks of going public
President's key to overall success depends on...
number of legislators that are members of the same political party in congress
Brownlow commission (1930's) did what
decided that the president needed help, established the Executive Office of the President (EOP)
Office of Management and Budget does what?
reviews cabinets budget proposals, sees if it aligns w/ president's agenda
How many members are on the Council of Economic Advisers (CEA) and how are they selected
3 members
nominated by president, confirmed by senate
Who is part of the EOP?
Most important
- White house office
- Management and Budget (OMB)
- National security Council
- Council of Economic Advisers
White House Office
Section of EOP that houses many of most influential advisors to president
- Chief of staff (gatekeeper to pres)
- Presidential speechwriters
- Legal Council
- Press Sec.
- Assistant to domestic, foreign and economic policy
OMB
Agency of EOP that is responsible for helping the president in creating the budget
National Security Council
Group of presidential advisors to advise president on National Security Issues
- Vice President
- Attorney General
- Cabinet officers
How is the EOP Selected?
Selected by President
Hierarchical Model
Method of organizing the presidency that calls for clear lines of authority and that delegates responsibility from the president and through the chief of staff
Spokes of the wheel Model
Method of organizing the presidency that calls for the president to be the center of activity with many advisor reporting directly to him.
Rally Around the Flag Effect
Occur in response to a crisis, or dramatic presidential actions in response to something
Example of Rally around the Flag Effect
9/11 with Bush, opinions on his job performance became overwhelming positive.
T/F National Security council requires senate confirmation
false, president nominates, no confirmation needed
Office of Mgmt and budget director is selected by
nominated by president, confirmed by senate
T/F all whitehouse staffers must be confirmed by the senate
false, NONE of them get confirmed, presidents nominates them, usually along the campaign trail
T/F president selects the majority of bureaucracy members
false, selects less than 1% of the 2.7 million ppl, so ~4000 ppl
Gatekeeper to president called
chief of staff
How many federal agencies are there
181
4 Main Bureaucratic Types
- Cabinet Level Departments (FBI)
- Independent Executive Agencies (NSA,EPA)
- Independent Regulatory Commissions (FEC)
- Government Corporations (FDIC,USPS)
Cabinet Level Departments
EX: FBI, National Park Service, Department of Defense
-15 Broad areas of government responsibility
- Members nominated by pres. confirmed by senate
Independent Executive Agencies
EX: NSA, EPA, CIA
- Members nominated by pres. confirmed by senate
- Outside of cabinet department b/c pres. wants swift and effective action
- Created to be closer to pres, report directly to pres.
Independent Regulatory Commissions
EX: Federal Election Commission (FEC), Federal Reserve Board (FED)
- Remain independent from Pres. and politicians
- Deal with complex economic or tech. issues
Government Corporations
EX: USPS, PBS, Federal Deposit Insurance Corp. (FDIC)
- Semi Independent agencies
- Designed to serve public interests
Ideal Type of Bureaucracy
- Hierarchy Control
- Division of Labor and Specialization
- Consistent Set of Abstract Rules
- Meritocracy (ppl are selected by expertise and performance)
Why do we fail to form to Ideal Bureaucracy
- Rarely fit the Ideal Type
- Inconvenient , unnecessary regulations
- "RED TAPE
Red-tape
The different rules and procedures unnecessary.
Examples of Red-tape
Required licenses to fish
Permit to change lighting fixture
How many ppl are employed in the bureaucracy
~2.7 million
What is the biggest executive branch unit
cabinet depts
How many broad areas are the responsibility of the govt
15, broken down into subsidiary agencies
Independent regulatory commissions are constantly involved w/ politics and the president
false, they are completely separate from politics, ex(FEC, fed elections commission)
T/F
Members of the cabinet are nominated by the president and confirmed by senate
true
Deregulation
The reduction or elimination of government rules and regulations that interfere with the efficient operation of market forces.
NASA
CIA
EPA
Are all examples of?
Independent executive agencies
T/F
Independent executive agencies are within the cabinet
false, outside the cabinet, but close to the president
Examples of govt corporations
USPS, FDIC, PBS
Spoils System
System of governing where political positions and benefits are given to the friends of the winner
System where jobs are given based on relevant skill and experience
merit system
Merit System
System of governing in which jobs are given based on relevant expertise and ability to perform
System where its not what you know, it's who ya know
spoils system
System that promotes corruption and incompetence
spoils system
System that reduces potential for incompetence, corruption and partisanship
merit system
Marrying the Natives
-Once appointed, even loyal officials tend to become agents of their departments or bureaus instead of to the president
-Political appointees typically serve short terms and are often unfamiliar with the rules, programs, and political relationships of the
Bureaucratic Rulemaking
the process in which the bureaucracy decides what the laws passed by congress mean and how they should be carried out
Adjudication
The process of determining whether a law or rule established by the bureaucracy has been broken
Rulemaking and Adjudication make the bureaucracy like what?
legislatures and courts
Theories of Bureaucratic Behavior
Inefficient and Contradictory
- Whilliam Niskanen
- Gordon Tullock
- Herbert Simon ( Bounded rationality )
Bounded Rationality
Herbert Simons theory that humans "satisfice" rather than maximise
Satisficing
Choosing a possible alternative that is good enough to solve the problem but may not be the best possible solution and choosing it.
How to limit Bureaucratic Drift
- Fire Alarm Oversight
- Power of Purse
- President Nomination Power
- Police Patrol Oversight
Police Patrol Oversight
The active oversight of the bureaucracy by elected officials to make sure that it is acting according to the wishes of the ppl
Fire Alarm oversight
Oversight becomes active only when there is evidence of bureaucracy doing wrong.
Power of Purse
- Congress has power to set agency budgets
- Can withhold money from the agency apportion
Agency Capture
Describes an agency operates for the benefit of those who regulate it.
- Problematic because influence and corrupts agencies
Legislative Veto
Congress has the ability to reject an action or decision of the bureaucracy.
Sunshine laws
Laws intended to keep the bureaucracy accountable to the ppl by requiring that agency meetings to be open and public.
Appointment Power
Power of the president that enables him to control the bureaucracy by selecting the ppl who will head its agencies.
Impoundment
Limited ablity of the president to not spend money approved by congress
Executive Orders
Directives of the president that have the same weight as a law and are not voted on by congress
Federal Register
Agencies must post all finalized rules in the Federal Register
Red Tape
.....
Examples of Red Tape
.....
Iron Triangles
Term used to describe the relationship between
- Congress (Funding to Bureaucracy)
- Bureaucracy (Favorable Regulations to Interest groups)
- Special Interest Groups (Give electoral support to Congress Members)
Policy Subsystems
Networks of groups with an interest in a specific policy issue of area
- More likely to operate than Iron triangles
How supreme court decides
5 justices sign the majority opinion
How many levels of federal judiciary
3, district court, supreme court, court of appeals
District Courts
- 94 Courts
- Criminal and Civil cases involving Federal Law
- Hear about 300,000 cases each year
- Where most cases begin and end
- 90% of federal cases begin here
- Each state has at least one
Court of Appeal
- 13 Circuits
- Defendants who lost case in District Court
- Hear about 60,000 cases each year
Supreme Court
- Final court of appeal
- Cases from Federal and State courts
- Original Jurisdicition on disputes between states
- Hear about 100 cases a year
<1% petitions
How long are justices appointed for?
Life
How are justices appointed?
Nominated by President, Confirmed by Senate
How many district courts
94
How many circuits
13
Single most important function performed by agencies of government
Bureaucracy interpreting and enacting law
T/f
Suprem Court hear less than 1% of cases patitioned
true
o 2/3's of house and senate
o 2/3 of states apply for amendment
o � vote of state legislators
o � vote to ratify the constitution
Are all ways to what?
how to get an constitutional amendment or ratification
T/f
Total majority must be met for Suprem Court to hear a case
false, rule of 4's 4/9 must want it to hear it
Powers of Supreme Court
- Has both original and appellate Jurisdiction
- SC can deny certiorari
-
Limitations of the Supreme Court
- President and Congress have ignored SC rulings
-The Legislative veto was ruled unconstitutional but is still used
- Congress can write laws limiting SC
- They can alter the size and jurisdiction of the SC
- President nominates justices whose ideology ma
Amicus curiae breif
friends of the court file them
interest groups and ppl concerned with case outcome
Rule of 4's
4/9 justices can make Supreme Court hear a case
Iron traingles aren't common, what system is used
uses subsystem= specific interest groups
President of the Senate
Vice President holds this position
President Pro Tempore is next in line
- has to be chosen by members of senate if VP is gone
Majority Leader
Single most powerful person in senate
- elected by members of the House and Senate
- Controls the legislative agenda
Speaker of the House of Rep.
Presides over the house
- Most powerful person in the chamber
- Responsible for many parliamentary duties
-Recognizing speakers
Structure of Federal Judiciary
Dual Structure
- Federal (US constitution)
- District Courts
- Court of Appeal
- Supreme Court
- State (State Constitution)
Marbury V. Madison
The 1803 case in which the court asserted the power of judicial review
Judicial conference
A committee of district and appellate judges that reviews the needs of the federal judiciary and makes recommendations to Congress
Collegial courts
Courts in which groups of judges decide cases based on a review of the record of lower-court trial
Judicial review
The power to review decisions of the lower courts and to determine the constitutionality of laws and actions of public officials
- Given power by Marbury V. Madison
En banc
A procedure in which all the members of a U.S court of appeals hear and decide a case
Writ of certiorari
An order from a higher court to a lower court ordering the lower court to turn over transcripts and documents of a case for review. The U.S Supreme Court formally exercises its discretionary powers over what cases to hear by issuing a writ of certiorari,
Concurring opinion
An opinion written by a Supreme Court justice who agrees with the ruling of the court but not the reason behind it.
Plurality opinion
A decision of the Supreme Court in which a majority of the Court agrees on a decision, but there is no majority agreement on the reason for the decision
Dissenting opinions
An opinion written by a Supreme Court justice who is in the minority that presents the logic and thinking of the justices who opposed the majority opinion
Theories of judicial decision making
- Legal Model
- Slot Machine Theory
- Legal Realist Model
- Attitudinal model
- Strategic Model
Legal model
A view of judicial decision making that argues that judges set aside their own values and make decisions based solely on legal criteria, evidence, and the Constitution
- Traditional model in law school
Slot machine theory
- Where they compare constitutional provisions involved with the statute being challenged and find what the law says and report it.
- The view of judicial review that all judges do is lay the constitutional provision involved beside the statute being chal
Legal realist model
A model of judicial decision making, that argues that personal values and ideologies of the judge affect a judge's decisions.
- That judges must set aside conflicting principles and balance the law and precedent with their judgment about the effect their
Attitudinal model
A model that suggests that judges' decisions are largely, if not exclusively, determined by their personal ideological and policy preferences
Strategic model
The view that sincere voting does not always maximize utility
- Therefore, judges will have to act strategically to get the help they need, even casting votes that don't reflect their personal preferences
Writ of mandamus
A court order requiring a public official to preform an official duty over which he or she has no discretion
Originalism
The idea that Supreme Court justices should interpret the Constitution in terms of the original intentions of the framers
Judicial restraint
A view of Supreme court decision making that calls for the Court to defer policymaking to the other branches of government
Judicial activism
A view of Supreme Court decision making that calls for the court to take an active role in policymaking through its interpretation of the Constitution
Legislative interpretation
A ruling of the Supreme Court in which the court interprets on the meaning and intent of statute passed by congress. Congress can overturn a decision based on legislative interpretation by passing another law
Constitutional interpretation
A ruling of the Supreme Court that declares a law unconstitutional based the court's interpretation of the Constitution. A constitutional interpretation cannot be overturned by a simple statute