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POLS 206 review
Terms in this set (57)
Formal powers of the president
-commander in chief
-choose reps abroad
How are presidents constrained in their formal powers?
checks and balances. the president often need congressional approval
Informal powers of the president
-placing military units in combat situations without approval
-managing the economy
How did the informal powers of the president evolve?
Great Depression made it the president's job to ensure prosperity
How have presidents construed their broad constitutional provisions differently?
-Restrictive view: only have powers stated in the constitution
-Stewardship doctrine: pres should do anything required by the needs of the nation
-Prerogative view: pres should conserve the constitution and do whatever it takes to do so (whether that is unconstitutional or not)
Constitutional powers of the vice president?
Why has presidential power grown?
-vague rules, broad interp
-changing public expectations
-congress giving pres new powers
Take-care clause of the constitution
Calls the president to take care that laws be "faithfully executed"
What powers have arisen from the take-care clause?
makes the pres the chief bureaucrat. The pres has the responsibility to oversee the bureaucracy. Has the power to appoint
Commander-in-chief clause to the constitution. What does this enable the president to do?
This gave the Pres the ability to respond quickly during crisis events - like sending military units to combat w/out Congressional declaration of war
Why would Congress ever delegate authority to the executive branch?
If the issue is controversial... Also, legislative branch is too fragmented to make big decisions.
Examples of congress delegating authority
increased role in budgetary decisions
-president approval ratings
Why is it important for the presidents to be persuasive?
Pres must convince politicians that his goals are worthy
The EOP has become increasingly...
Who is a part of the EOP?
-White House staff
What are the different parts of the EOP's duties?
-white house staff: president's best advisors
-OMB: manage the budget
-NSC: info and policy recommendations on national security
-CEA: predict economic trends
How are the parts of the EOP selected?
-OMB: nominated pres, confirmed by senate
-NSC: selected by pres, needs no approval
-CEA: 3 nominated by pres, confirmed by senate
Who is a part of the White House staff?
chief of staff, speechwriters, legal counsel, press secretary, policy assistant, liasons
How is the white house staff selected?
chosen by the president - none are confirmed by the senate
Rally around the flag effect - what is it?
Associated with president's approval ratings during a time of external threat or crisis
Examples of rally-around-the-flag effect
Pres Bush's approval ratings went up during the Iraqi conflict
Four main bureaucratic types
How are the four bureaucratic types similar/different from one another?
-Eop manages all the bureaus
-cabinets deal with general policy
-independent agencies are on their own, not controlled by cabinets
-gov corps operate between public and private sectors
Examples of the four bureau types
-cabinet depts: Dept of Homeland Security, Dept of Defense
-independent agencies: NASA
(regulatory agencies and commissions are included here, the SEC)
-gov corps: the US postal service
Ideal type bureaucracy
-consistent set of abstract rules
WHy does the bureau fail to conform to the ideal?
Rigid rules are inconvenient and unnecessary, which means the decisions they make are inappropriate to a personal situation
Merit vs Spoils
Merit employs based on qualifications, spoils rewards loyalty to a politician or party
Marrying the natives:
When appointees end up switching loyalties to an agency, not the president
What does bureau rulemaking & adjudication consist of?
-Rulemaking is the formal process of making choices about what actions the government should undertake.
-Adjudication is a process designed to establish whether a rule has been violated.
Theories of bureaucratic behavior?
How are bureaucracies created?
to be inefficient and ineffectual
When regulators on an agency share the same professional and economic values as those they regulate
WHy is agency capture problematic?
Regulators don't always sound an alarm when they agree with the agency
Allows congress to reject a proposed action by a public agency
How to limit bureaucratic drift...what can presidents/congress do?
President has nomination power. -overhead democracy
Federal register - what is it?
Where rules and regulations are published
Why is the federal register significant?
Rules must be published before they can be implemented
How does fire alarm oversight differ from police patrol oversight?
Instead of keeping a constant surveillance, agencies are only investigated when an alarm is sounded
Rigid rules, excessive regulation that hinders action and decision-making
Stable relationship between a client, the bureau, and congressional committee handling them.
Why are iron triangles problematic?
They may contribute to inflated budgets. They encourage policy that benefits a small interest group.
How is the federal system structured?
Dual judicial system: federal courts deal with federal law - state courts deal with state law
What are the characteristics of different court levels?
-district: original jurisdiction
-court of appeals: appellate jurisdiction, collegial courts
-US supreme court: both original and appellate
How are justices appointed or fired?
Nominated by the president and approved by the senate. Fired through impeachment
How long are justices terms?
Life long - "good behavior"
What are some powers of the Supreme Court? What are some limitations?
Powers: almost complete jurisdiction. both original and appellate. only fed court to hear state cases. Top of the power hierarchy.
Limitations: rule of four.
How was judicial review established?
In the marbury v madison case
How are justices chosen to serve in the Supreme Court?
By the president. All have legal education, career in public service, and are an appropriate age. Merit.
How does the Supreme Court decide which cases to hear?
Justices decide on cases in a conferences, under the rule of four
What are amicus curiae briefs?
Someone who is not a party to the case, who offers information about the case. translates as a "friend of the court"
Theories of judicial decision-making
-Legal model: decisions based on LAW
-Legal realist model: decisions based on OPINION + LAW
-Attitudinal law: decisions based on all OPINION
Precedent/Stare Decisis: what does this mean?
Let the decision stand
What are problems with precedent/stare decisis?
Not always clear cut
What's the difference between majority, concurring and dissenting opinions?
-majoirty: 5 or more agree on reasoning and result
-concurring: written by a justice who agrees with result, not reasoning
-dissenting: written by a justice in the minority - doesn't agree with either (majority does exist though)
What is a judgement of the court decision?
No majority exists on result or reasoning.
Current composition of the Supreme Court
5 conservatives, 4 liberals. 6 men, 3 women.
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