American Politics 2

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blueclues
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134596
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American Politics 2
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2012-03-03 22:18:57
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Presidency Bureaucracy Federal Courts Public Opinion Media
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Ch 13 - 15, 6, NV 7 - 9
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  1. Delegated Powers
    constitutional powers that are assigned to one government agency but that are expressed by another agency with the express permission of the first
  2. Inherent Powers
    powers claimed by the president that are not expressed in the Constitution, but are inferred from it
  3. Commander in Chief
    the role of the pesident as commander of the national military and the state national gaurd units (when called into service)
  4. War Powers Resolution
    a resolution of Congress that the president can send troops into action abroad only by authorization of Congress, or if American troops are already under attack or serious threat
  5. Executive Privilege
    the claim that confidential communications between a president and close advisors should not be revealed w/o the consent of the president
  6. Legislative Initiative
    the president's inherent power to bring a legislative agenda before Congress
  7. Executive Order
    a rule or regulation issued by the president that has the effect and formal status of legislation
  8. Cabinet
    the secretaries/chief administrators, of the major departments of the federal government

  9. National Security Council (NSC)
    a presidential foreign-policy advisory council composed of the president, vice president, the secretary of state, the secretary of defense, and other officials invited by the president
  10. White House Staff
    analysts and advisors to the president, often given the title "special assistent"
  11. Kitchen Cabinet
    an informal group of advisors to whom the president turns for counsel and guidance
  12. Executive Office of the President (EOP)
    the permanent agencies that perform defined management tasks for the president
  13. Mandate
    a claim by a victorious candidate that the electorate has given him/her special authority to carry out promises made during the campaign
  14. Signing Statements
    announcements made by the president when signing bills into law, often presenting the president's interpretation of the law
  15. Bureaucracy
    the complex structure of offices, tasks, rules, and principles of organzation that are employed by all large-scale institutions to coordinate the work of their personnel
  16. Implimentation
    the efforts of departments and agencies to translate laws into specific bureaucratic rules and actions
  17. Merit System
    a product of civil service reform, in which appointees to positions in public bureaucracies must objectively be deemed qualified for those positions
  18. Department
    the largest subunit of the executive branch
  19. Independent Agency
    an agency that is not part of a Cabinet department
  20. Government Corporation
    a government agency that performs a service normally provided by the private sector
  21. Regulatory Agencies
    departments, bureaus, or independent agencies whose primary mission is to impose limits, restrictions, or other obligations on the conduct of individuals or companies in the private sector
  22. Iron Triangle
    the stable, cooperative relationship that often develops among a congressional committee, an administrative agency, and one or more supportive interest groups
  23. Fiscal Policy
    the government's use of taxing, monetary, and spending powers to manipulate the economy
  24. Federal Reserve System
    a system of 12 Federal Reserve Banks that facilitates exchanges of cash, checks, and credit; regulates member banks; and uses monetary policies to fight inflation and deflation
  25. Revenue Agencies
    agencies responsible for collecting taxes
  26. Deregulation
    a policy of reducing or eliminating regulatory restraints on the conduct of individuals or private institutions
  27. Privatization
    removing part or all of a program from the public sector to the private sector
  28. Criminal Law
    the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts
  29. Plaintiff
    the individual or organization that brings a complaint in court
  30. Defendant
    the one against whom a complaint is brought in a criminal or civil case
  31. Civil Law
    the branch of law that deals with disputes that do not involve criminal penalties
  32. Precedent
    a prior case whose principles are used by judges as the basis for their decision in a prsent case
  33. stare decisis
    Latin: "let the decision stand"

    the doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled
  34. Trial Court
    the first court to hear a criminal or civil case
  35. Court of Appeals
    a court that hears appeals of trial court decisions
  36. Supreme Court
    the highest court in a particular state or in the United States. Primarily serves an appellate function
  37. Plea Bargain
    a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing
  38. Jurisdiction
    the sphere of a court's power and authority
  39. Due Process of Law
    the right of every citizen against arbitrary action by national or state governments
  40. Writ of habeas corpus
    a court order that the individual in custody be brought into court and shown the cause for detention
  41. Original Jurisdiction
    the authority to initially consider a case
  42. Chief Justice of the United States
    justice on the Supreme Court who presides over the Court's public sessions
  43. Senatorial Courtesy
    the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination
  44. Judicial Review
    the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional
  45. Standing
    the right of an ndividual or organization to initiate a court case, on the basis of their having a substatial stake in the outcome
  46. Mootness
    a criterion used by courts to screen cases that no longer require resolution
  47. Writ of certiorari
    Latin: "to make more certain"

    a decision of at least 4 of the 9 Supreme Court Justices to review a decision of a lower court
  48. Solicitor General
    the top government lwayer in all cases before the Supreme Court where the government is a party
  49. per curiam
    "by the court"

    a brief, unsigned decision by an apellate court, usually rejecting a petition to review the decision of a lower court
  50. amicus curiae
    "friend of the court"

    individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs
  51. Brief
    a written document in which attorneys explain, using case precedents, why the court should find in favor of their client
  52. Oral Argument
    the stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices
  53. Opinion of the Court
    the written explanation of the Supreme Court's decision in a particular case
  54. Dissenting Opinion
    a decision written by a justice in the minority in a particular case in which the justice wishes to express his/her reasoning in the case
  55. Judicial Restraint
    judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting its meaning
  56. Judicial Activism
    judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions
  57. Class-Action Suit
    a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest
  58. Public Opinion
    citizens' attitudes about political issues, leaders, institutions, and events
  59. Values (or Beliefs)
    basic principles that shape a person's opinions about political issues and events
  60. Political Ideology
    a cohesive set of beliefs that forms a general philosophy about the role of government
  61. Attitude (or Opinion)
    a specific preference on a particular issue
  62. Political Socialization
    the induction of individuals into the political culture; learning the underlying beliefs and values on which the political system is based
  63. Agencies of Socialization
    social institutions, including families and schools, that help to shape individuals' basic political beliefs and values
  64. Gender Gap
    a distinctive pattern of voting behavior reflecting the differences in views between women and men
  65. Liberal
    those who generally support social and political reform; extensive governmental intervention in the economy; the expansion of federal social services; more vigorous efforts on behalf of the poor, minorities, and women; greater concern for consumers and the environment
  66. Conservative
    those who generally support the social and economic status quo and are suspicious of efforts to introduce new political formulae and economic arrangements; also believe that a large and powerful government poses a threat to citizens' freedom
  67. Marketplace of Ideas
    the public forum in which beliefs and ideas are exchanged and compete
  68. Public-Opinion Polls
    scientific instruments for measuring public opinion
  69. Sample
    a small group selected by researchers to represent the most important characteristics of an entire population
  70. Probability Sampling
    a method used by pollsters to select a representative sample in which every individual in the population has an equal probability of being selected as a respondent
  71. Random Digit Dialing
    a polling method in which respondents are selected at random from a list of ten-digit telephone numbers, w/ every effort made to avoid bias in the construction of the sample
  72. Selection Bias
    polling error that arises when the sample is not representative of the population being studied, which creates errors in overrepresenting or underrepresenting some opinions
  73. Measurement Error
    failure to identify the true distribution of opinion within a population because of errors such as ambiguous or poorly worded questions
  74. Push Polling
    a polling technique in which the questions are designed to shape the respondent's opinion
  75. Salient Interests
    attitudes and views that are especially important to the individual holding them
  76. Illusion of Saliency
    the impression conveyed by polls that something is important to the public when actually it is not
  77. Bandwagon Effect
    a shift in electoral support to the candidate whom public opinion polls report as the front-runner
  78. Framing
    the power of the media to influence how events and issues are interpreted
  79. Constitution, Article II, Section 1
    the Exectutive Power shall be vested in a President of the USA
  80. Expressed Powers of the Presiddent
    Military, Judicial, Diplomatic, Executive, Legislative Powers
  81. Military Expressed Powers of the President
    power to act as commander-in-chief of the national military and state National Guard units (when they are called into service)

    head of the nation's intelligence network (16 agencies - i.e. CIA)
  82. Judicial Powers of the President
    can "grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment

    Miscarriage of justice
  83. Reprieve
    if one is found guilty, the President can say that punishment does not have to be carried out
  84. Pardon
    Power of the President to say that "a crime never took place" if someone is found guilty
  85. Diplomatic Powers of the President
    the Head of the State

    Recieves "Ambassadors and other public Ministers"

    Acknowledges which foreign governments are legitimate

    Treaties and Executive Agreements
  86. Treaty
    written agreement with another country:

    the
    President signs it and the Senate approves it
  87. Executive Powers of the President
    Must make sure that all laws are faithfully executed

    can appoint, remove, and supervise all executive officers

    has power to appoint all federal judges
  88. Legislative Powers of the President
    Addresses Congress on the state of the union

    Can veto bills

    Has the power to issue executive orders
  89. State of the Union
    Speech give by the President to Congress that lays out what he thinks the issues of the nation are (if any) and what his proposed solutions are
  90. Inherent Power of the President
    implied presidential powers that are not directly stated in the Constitution

    Executive orders and other powers as needed
  91. Government Corporations
    Post Office (USPS)

    Amtrak (passenger trains)
  92. Office of Management and Budget
    must approve every proposal from an executive agency that requires spending
  93. 3 ways a president expands their powers
    party, popular mobilization, and administration - some efforts are ore successful than others
  94. Popular Mobilization
    special announcement made by the president to the public via a direct broadcast
  95. Governing by Decree
    executive orders and agreements, National Security findings and directives, proclamations, reorganization plans, signing statements
  96. Vice President
    not mentioned in the constitution

    presides over the Senate

    casts a tie breaking vote
  97. Presidential Succession
    • 1st: Vice President
    • 2nd: Speaker of the House
    • Can be sworn in by ANY Federal Judge - happens within an hour
  98. 22nd Amendment
    two - term limit on president
  99. 25th Amendment
    - outlines procedure to determine whether an incumbent president is unable to discharge the powers and duties of the office

    - establishes procedures to fill a vacancy in the vice presidency
  100. when the 25th Amendment is exercised
    1st case: President KNOWS that he cannot carry out the term

    2nd case: President cannot/will not admit that they cannot carry out the term
  101. 2 steps of impeachment
    • 1. House of Representatives brings impeachment charges
    • 2. Senate tries the case and votes on it

    - in the case of a president being impeached, Chief Justice of the USA presides
  102. State Executives
    Called governors

    Only have powers granted to them by state constitutions

    4-year terms (except for 4 states)
  103. Plural Executives
    the governor shares powers with other independently elected executive branch officers

    can be of different parties

    Can not be commanded or removed by the governor
  104. Recalling Governors and Executive Branch officials
    All 6 are subject to recall: 25% voters must sign a petition

    All 6 are subject to impeachment and removal from office
  105. Impeachment of a Governor or Executive Branch Officer
    • Grounds:
    • - "misdemeanor or malfeasance in office"
    • Assembly votes on articles of impeachment
    • - simple majority (of those elected) is needed
    • Senate conducts the trial
    • - 2/3 majority (of those elected) is needed for conviction and removal from office
  106. Duties of Governor
    • Chief Executive
    • - Enforce and implement laws
    • - Appoint officials (Gaming Board): confirmation by legislature is not needed

    Chief of State

    • Chief of Legislator
    • - Must give "state of state" address at every session
    • - Proposes bills and state budget
    • - Calls special sessions of legislature
    • - Veto bills
  107. Ameica's Federal Bureaucracy has shrunk in the last 35 yrs
    2% of the nation works for the Federal Government
  108. Organization of the Executive Branch
    can be classified into groups by the services they provide to the American public

    • 1. Promoting Public Welfare
    • 2. Provide National Security
    • 3. Maintain Strong Economy
  109. Promoting the Public Welfare (Executive Branch)
    - enhancing/protecting the general well-being

    - provide services, build infrastructure, & enact regulations designed to enhance the well-being of vast majority

    - some public agencies providing services are tied to specific segment of the poplation that is thought of as the main agency clientele (i.e. Department of Veteran Affairs)
  110. Providing National Security (Executive Branch)
    Mostly located in state and local governments - namely the police (control and security agencies)
  111. 2 Major Groups of National Security Agencies
    • Control Agencies
    • Security Agencies
  112. Control Agencies
    agency for internal security threats
  113. Security Agencies
    agencies to defend against external threats (Department of Defense)
  114. Monetary Policies
    determines the functioning of banks, credit and currency
  115. Duties of Bureaucrats
    Implementation: make rules and enforce laws
  116. Spoils System
    prior to the 1880s, most federal jobs were given to political supporters of various officials until the next election
  117. Maintaining a Strong Economy (Executive Branch)
    Fiscal policies and Monetary policies
  118. Organization of the Executive Branch
    1. divided into departments, each headed by a secretary ... the basic operational unit is the agency (bureau, service, or administration)

    2. Independent Agencies

    3. Government Corporations

    4. Independent Regulatory Commission
  119. Service Provision
    the federal government either directly provides, or works with states and the provate sector to provide many services (i.e. medicare, medicaid, Social Security)
  120. Reduction of Bureaucracy
    1. termination/elimination of programs or agencies

    2. devolution

    3. privatization
  121. Managing the Bureaucracy
    - Managerial Presidency

    - Difficuly to displace agency cultures; civil servants cannot be fired without cause

    - Congressional Oversight
  122. Managerial Presidency
    - Presidents have vast authority over budgeting which gives them a lot of power over the Bureaucracy

    - Nominate top officials in every department

    - Have tremendous influence over the policies agencies propose and follow
  123. Congressional Oversight
    Committees are expected to oversee the executive branch agencies in their purview

    • - offen partisan
    • - can be effective in bringing issues to the public's attention
  124. Local Governments
    • - Not mentioned in the Constitution
    • - Powers divided from state law
    • - Some (i.e. NV) hire a professional administer to handle day to day responsibilities
  125. Local Government Powers
    - usually includes law enforcement; administering state laws on health, marriage, divorce, child custody, and property

    - in some states, this means that a local government does not have to have 3 seperate branches
  126. Most Frequent Types of Local Government
    • Commission or Council
    • - usually elected from geographic districts
    • - fulfills both legislative and executive branches

    • Commission/Council with an Executive
    • - in cities, the executive is called a "mayor" & in counties, they're called the "county executive"
    • - commission/council play the legislative role, executive plays the executive role
  127. 17 Counties in NV
    • by law, all must have a Board of County Commissioners, each represents a geographic district
    • Clark County's Board has 7 members
  128. NV Local Governments
    - Municipal (cities)

    - Cities in NV may choose their own government structure:

    most common: City Council and seperately elected mayor
  129. Special Districts
    - Fire, police, library, school, etc...

    - 17 NV school districts

    - State higher eduction institutions government by NV System of Higher Education (NSHE): 13-member elected Board of Regents
  130. 17 NV School Districts
    Governed by:

    • - elected school board
    • - School Board hired Superintendent

    Established district policies on attendence, curriculum, etc...
  131. Role of Courts
    - interpret and apply Constitution(s) and laws to resolve disputes by hearing facts on both sides

    - obligated to maintain neutrality and impartiality in deciding disputes

    - have authority over everyone in the United States as well as the US governments: governments are judged by the same laws as citizens
  132. Rules of Access
    - "Cases and Controversies": there must be an actual dispute, not a hypothetical one

    -
    Standing: a party must have standing to sue by being a steakholder in the outcome

    - Mootness: a criterion used to dismiss cases that no longer require a resolution
  133. Regulations of Criminal Law
    • - Government is always the plaintiff
    • - Defendant cannot be forced to testify
    • - Standard: guilty beyond a reasonable doubt
    • - Penalties: fines, public service, imprisonment, probation, execution
  134. Prosecutors' Power
    1. Decide whether to charge an offense and which offense to charge

    2. Have largely unreviewable discretion

    3. Can negotiate plea bargain with lawyers for the defendant (90% of cases are settled this way)
  135. Regulations of Civil Law
    • - Plaintiff is the party that allegedly has been legally wronged
    • - Defendant can be forced to testify
    • - Standard: preponderance of evidence
    • - Penalties: typically monetary
  136. Participants in a Trial
    1. Judge

    2. Clerk

    3. Witness

    4. Plaintiff

    5. Defendant

    6. Defense Attorney

    7. Prosecuting Attorney

    8. Jury
  137. Judge
    Ensures trial is conducted in orderly manner according to the prescribed rules and laws
  138. Clerk
    Responsible for maintaining accurate permanent records of proceedings and exhibits
  139. Witness
    gives testimony concerning issue being tried
  140. Jury
    individuals selected to decide defendant's guilt or innocence based on facts presented
  141. Trial Court
    Court that applies the law to the facts of a given case

    • - 1st court to hear a crminal or civil case
    • - Facts of the case are introduced
    • - Judges and juries make sense of how the facts relate to the law
    • - also called the court of original jurisdiction
  142. Appellate Court
    court that examines whether the law has been applied correctly in a trial court case

    - new facts cannot be introduced
  143. U.S. Supreme Court
    - the court of last resort

    - has final interpretation over the Constitution and statutory law, be it state or federal
  144. State Court
    - court that handles cases concerning state laws

    - cases can be appealed into the federal system if there has been a violation of the U.S. Constitution
  145. Federal Court
    - Court that handles cases concerning federal laws

    - cases between states

    - U.S. Constitution
  146. Federal District Courts
    original jurisdiction for cases that involve federal laws, treaties with another nation, or U.S. Constitution
  147. Federal Courts of Appeal
    - hear approximately 20% of district court cases

    - decisions made by these multi-judge courts are final, except for those cases selected for Supreme Court review
  148. Original Jurisdiction of U.S. Supreme Court
    - between federal government and one of 50 states

    - between 2 or more states

    - involving foreign ambassadors or other ministries

    - one state against citizens of another state or against a foreign country
  149. Appellate Jurisdiction of the U.S. Supreme Court
    - all federal cases

    - State cases if appeal is based on federal law or U.S. Constitution
  150. Supreme Court Justices
    - 9 Justices

    Chief Justice and 8 Associate Justices

    - All judges have equal say and each has one vote
  151. Appointment Process for Federal Judges
    • 1. Senatorial courtesy
    • 2. Pesident formally nominates individual

    3. Interest groups opposing nomination mobilize media, public, and Senate against it

    4. Senate Judiciary hearing

    5. Vote in full Senate
  152. Appointment of Federal Judges
    - No formal qualifications for service as a federal judge

    • - Presidents generally appoint those:
    • - w/ legal experience, usually as a judge
    • - of good character
    • - w/ ideological and partisan views similar to their own

    Also taken into consideration:

    • - Party
    • - Race
    • - Gender
    • - Judicial Philosophy
  153. Writ of Cert
    Decision by at least 4 out of 9 Justices to review a decision of a lower court

    outlines why a person feels they deserve to be heard by the Supreme Court

    Most likely granted when:

    • - an important civil right or civil libery is at stake
    • - appellate courts have ruled differently on the same law, and it needs to be applied universally
    • - the federal government is filing the appeal

    Only about 1% of all cases seeking Supreme Court review are heard by Court (+/- cases)
  154. Supreme Court Process
    1. Writ of Certiorari

    2. Briefs from both sides

    3. (Amicus Curiae briefs - support claims of one or other litigant)

    4. Oral arguments

    5. the Conference

    6. Drafting of Opinions

    7. Circulation and modifying of drafts

    8. Case is remanded (sent back) to lower court

    9. Opinion(s) including vote released to public
  155. Supreme Court's Procedures: Oral Argument
    - the Court meets 3 times per week when in session

    - each side gets a half hour, with numerous interruptions from the justices

    - sometimes several different attorneys will address different aspects of the argument
  156. The Conference
    - justices meet by themselves on Wednesdays and Fridays when in session

    - Hold an initial vote

    - Chief Justice or most senior justice will assign a justice to write the majority opinion
  157. Drafting of Opinions
    - opinion of the court (will set a precedent for future cases)

    - (Dissenting opinion)

    - (Concurrent opinion)
  158. Concurrent Opinion
    written by a justice when they agree with majority, but disagree with the rationale
  159. Rule of 4
    a case needs 4 of 9 judges to vote "yes" in order to be heard
  160. State Courts
    each has it own judicial system

    sole jurisdiction on all cases not within judicial power granted to the federal system by the Constitution:

    - primarily own state constitution and state laws

    Most litigation in these courts
  161. NV Supreme Court
    • - 7 Justices
    • - 6 yr term, nonpartisan elections
    • - original and appellate jurisdiction
    • - sit in panels of 3 usually
    • - all 7 sit "en banc"
    • - Do not hear evidence, witnesses, or testimony
  162. NV Courts of General Jurisdiction (District Courts)
    9 districts w/ 2 - 30 judges each

    judges chosen in nonpartisan elections, 6 yr terms

    single-judge courts ... w/ or w/o jury
  163. NV Courts of Limited Jurisdiction
    Justice Courts

    Municipal Courts
  164. Municipal Courts
    • - original jurisdiction only
    • - Traffic cases and violations of city ordinances
    • - judges elected or council appointments
  165. Justice Courts
    - Original jurisdiction only

    - hear minor criminal and civil matters

    • - judges are "justices of the peace"
    • - nonpartisan elections, 6 yr terms
  166. Current Public Opinion
    - Democratic governments should reflect the will of the people

    - Average citizens do not always have informed opinions about every issue, and thus are open to influence
  167. Ideologies
    • - Liberalism (Domestic)
    • - Liberalism (Foreign Affairs)
    • - Conservatism (Domestic)
    • - Conservatism (Foreign Affairs)
  168. Domestic Liberalism
    - Government involvement in economy to protect workers

    - Expansion of social services

    - Efforts on behalf of the poor, minorities, women, consumers, and the environment

    - Rights for the accused

    - Separation of church and state
  169. Liberalism (Foreign Affairs)
    - Favor arms control

    - Opposition to expansion of nuclear weapons

    - Support aid to poor nations

    - Opposition to the use of American troops to influence the domestic affairs of developing countries

    - support for international organizations
  170. Conservatism (Domestic)
    - Opposed to social and economic engineering such as wealth redistribution and affirmative action

    - Favor light regulation of business, low taxation, traditional family structures, school prayer

    - Concern for victims of crimes over perpetrators
  171. Conservatism (Foreign Affairs)
    - Support for military power

    - Distrust of entanglements with inernational organizations

    - Poorer countries must bring themselves up through market-based reforms
  172. Shaping Public Opinion (Government - Pesidential Administrations)
    - stress certain issues and not others

    - Influence how departments depict issues

    • - Use the "Bully Pulpit"
    • - "rally around the flag" effect
  173. Shaping Public Opinion (Private Groups)
    - Many groups have a very wide reach into society, especially churches

    - Groups can also often employ their specialists to deploy specific knowledge effectively

    - Groups are also well-postitioned to feed the media and can often reach like-minded individuals easily
  174. Shaping Public Opinion (Media)
    - Are very effective at telling Americans what issues are important

    - Can, at times, frame what it means for a politician to be successful

    - Can sometimes also shape how people understand the meaning of the conflict

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