front 1 Iron Triangle | back 1 Known as a sub-government; a mutually dependent and advantageous relationship between bureaucratic agencies, interest groups, and congressional committees or subcomittees |
front 2 Components of federal bureaucracy | back 2 Cabinet departments, Independent regulatory commissions, government corporations, and independent executive agencies |
front 3 Functions of Fed Bureauc., Cabinet Departments; | back 3 Manages specific policy areas and has its own budget and staff, each department having a unique mission (Energy, Agriculture, Commerce, Labor) |
front 4 Functions of fed Bureauc., Independent regulatory commissions; | back 4 Government agencies with responsibility for making and enforcing rules to protect public interest in some sectors of the economy, and judging disputes over these rules. |
front 5 Functions of Fed Bureauc., Government Corporations | back 5 Like business corps, provides a service that could be delivered by the private sector and typically charges for its services (US postal service, Amtrak) |
front 6 Functions of Fed Bureauc., Independent executive agency | back 6 Government agencies not accounted for by cabinet departments. Their administrators are appointed by the president and serve his pleasure (NASA, NSF) |
front 7 Pendleton Act | back 7 passed in 1883, created a federal civil service where hiring and promotion is based on merit and rather than patronage |
front 8 Civil Service | back 8 System of hiring and promotion bureaucracy members based on merit principle and to create a nonpartisan government service |
front 9 Spoils system | back 9 "To the victor belongs the spoils"; presidents staff with friends and allies, people with connections, large donations, and previous congressional campaign work |
front 10 Weber's characteristics of bureaucracy: __________ authority structure | back 10 Hierarchical: where power flows from the top down and responsibility flows from the bottom up. |
front 11 Weber's characteristics of bureaucracy: _________ specialization | back 11 Task; experts instead of amateurs perform technical jobs |
front 12 Weber's characteristics of bureaucracy: _______ principle | back 12 entrance and promotion are awarded on the basis of demonstrated abilities rather than connections (who you know) |
front 13 Weber's characteristics of bureaucracy: Impersonality | back 13 Treat all clients impartially. (equal) |
front 14 Bureaucratic enforcement of rules | back 14 Enforces rules and guidelines either in court or through its own administrative procedures ; Waits for complaints, Sends inspectors, or requires application for permit or license |
front 15 Deregulation | back 15 The lifting of government restrictions on business, industry, and professional activities |
front 16 Incentive v Command and Control | back 16 A rewarding system in which policy makers employ market-like strategies to regulate industry with rewards. |
front 17 Incentive v Command and Control | back 17 Typical regulation system where the government tells businesses how to reach certain goals, checks that commands are followed, and punishes offendors. |
front 18 Hiring/Firing of Cabinet Heads | back 18 Normally appointed by the president followed by senatorial approval. (advice and consent) |
front 19 Hiring/Firing of Cabinet Heads | back 19 The cabinet head can either resign, or the president can dismiss due to differences in policymaking (cabinet turnover) |
front 20 Civil service protections | back 20 Sheltered from political firings as a prerequisite, entitled to appeals for firings, |
front 21 Standard Operating Procedures | back 21 For everyday decision making that save time, making bureaucrats bring efficiency and uniformity in running complex organizations, providing fairness and making personnel interchangeable(army) |
front 22 Congressional checks on bureaucracy: Influence... | back 22 Appointment of agency heads, even if law does not require it (advice and consent), which they do often. |
front 23 Congressional checks on bureaucracy: Alter.... | back 23 an agency's budget, congressional power of the purse can cut, add, or demand money be spent a certain way through laws. |
front 24 Congressional checks on bureaucracy: Hold.... | back 24 hearings, which committees and subcommittees hold as an oversight, that usually the certain committee of the department's creation is responsible for. |
front 25 Congressional checks on bureaucracy: Rewrite.... | back 25 legislation, (or make more detailed) in which congress can overturn agency rules or limit authority to make them. |
front 26 Presidential checks on bureaucracy: Appointing.... | back 26 agency heads and subheads to influence policymaking in their preferred way. |
front 27 Presidential checks on bureaucracy: Issuing... | back 27 executive orders on agencies that carry force of law and used to implement statutes, treaties, and provisions of the constitution (bush, 9/11 and homeland) |
front 28 Presidential checks on bureaucracy: Alter..... | back 28 Agency budget, usually by the office of management and budget with threats to cut or promises to add. |
front 29 Presidential checks on bureaucracy: Reorganize.... | back 29 Large and strong agencies, not done often but saw major organizations in 2002 after 9/11 |
front 30 Joint/shared influence by con/prez on bureaucracy | back 30 Altering budgets and Appointing agency heads. |
front 31 Independent regulatory bodies | back 31 designed to be insulated from the influence of politics, therefore being less responsive to congress and other agencies, and has protentional of acting in public interest |
front 32 Causes of bureaucratic discretion/power | back 32 rules that do not fit a particular case and bureaucrats who are in constant contact with the public(Street-level), |
front 33 Privatization (Pros/Cons) | back 33 Provides special skill that the government lacks, cuts the federal work force, better service at lower cost, less public scrutiny(freedom act) |
front 34 Privatization (Pros/Cons) | back 34 Small businesses subjects of government corporations, all about profits rather than public good, decisions about which companies often reflect political considerations rather than assessments of either effectiveness or efficiency |
front 35 Marbury v. Madison | back 35 1803 case where CJ John Marshall and associates first asserted the right of the supreme court to determine the meaning of the U.S. constitution and established judicial review (Judociary act 1788) |
front 36 Judicial review | back 36 Power of the courts to determine whether acts of congress and the executive are in accord with the constitution |
front 37 Why the "least dangerous?" | back 37 In Federalist 78, Hamilton says the judiciary is least dangerous because it has no control over an army and lacks spending power |
front 38 Weakness of Supreme Court | back 38 Has neither force or will, no spending or army power, no direction of strength or wealth of society, has merely only judgement, must depend on the arm of the executive |
front 39 Showdown with FDR | back 39 Because he could not get his New Deal policies through conservative justices, He proposed congress expand size of the court with the argument that most justices were too old (Nine Old Men) (Court-packing plan) |
front 40 Congressional checks on SC power | back 40 Power of the purse, Congress can impeach, congress confirms nominations, congress decides number of justices, creates courts, can pass legislation to impact courts or amend constitution |
front 41 Presidential checks on SC power | back 41 Appointing nominees for vacant supreme court positions |
front 42 Writ of certiorari | back 42 If four justices agree to review a case, the SC issues this to the lower courts; it is a formal document calling up the case |
front 43 Amicus Curiae | back 43 Legal documents sent by "Friend of the court", which attempt to influence courts decision, raise additional points, and presenting information not contained in the briefs of the formal parties (submitted by interest groups but must be attorney) |
front 44 Role of Solicitor General | back 44 3rd ranking official in department of justice, in charge of appellate court litigation of the federal government |
front 45 Functions of Solicitor General | back 45 to decide whether to appeal cases the government lost, review and modify briefs presented in government appeals, to represent the government in the supreme court, submit an amicus curiae brief to cases govt is interested in |
front 46 Types of jurisdiction: Original | back 46 hear the case first, usually in a trial, they determine the facts of a case |
front 47 Types of jurisdiction: Appellate | back 47 Hears cases for appeal brought from lower courts, and do not review facts but only legal issues |
front 48 Judicial terms of office | back 48 Most serve a lifetime tenure, but legislative courts, such as the court of military appeals, federal claims, international trade, and tax, have fixed terms of office |
front 49 Characteristics of dual court system: Federal | back 49 Address cases involving the constitution, federal laws, treaties or cases where the U.S. is a government party. |
front 50 Characteristics of dual court system: State | back 50 Address day-to-day cases, cover over 90% of legal matters. |
front 51 Getting to court: Standing | back 51 Plaintiffs must have serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct or substantial injury from another party or action of government |
front 52 Getting to court: Class action suits | back 52 Lawsuits in which a small number of people to sue on behalf of all other people in similar circumstances, usually for civil rights |
front 53 Getting to court: in forma pauperis | back 53 to bring forth a suit without incurring the cost of the suit, usually given to lower income people |
front 54 Judicial philosophies: judicial restraint | back 54 An approach in decision making which judges play minimal policymaking roles to defer to legislatures whenever possible |
front 55 Judicial philosophies: Judicial activism | back 55 An approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional grounds |
front 56 Judicial philosophies: Strict constructionist | back 56 one who interprets the constitution narrowly, to limit and restrict powers only to specific government appointed people |