American Federal Government MIDTERM REVIEW
American Federal Government MIDTERM REVIEW P SC 1113
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P SC 1113
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This 10 page Study Guide was uploaded by . on Thursday March 3, 2016. The Study Guide belongs to P SC 1113 at University of Oklahoma taught by Dr. Gary Copeland in Spring 2016. Since its upload, it has received 208 views.
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Date Created: 03/03/16
American Federal Government (P SC 1113) Midterm review Test info: 2 hours, 50 multiple Choice. Use resources on Mindtap, slides, and practice tests as well as lecture notes. Scantrons provided. Midterm review (lec 3/1) How are presidents elected? Majority from Electoral College (more than half) Or Goes to House of Representatives (if no one gets a majority) Why is there an electoral college? Founders didn’t trust the people to choose those in office. Bureaucracy: management on the basis of knowledge Most people feel as though it is inefficient, boring, and redundant. *Has a rule making role, can interpret the details of vague congressional works Max weber bureaucratic management, management based on legal authority more effective than on subjective criteria. Characteristics of bureaucracy Division of labor Managerial hierarchy, often illustrated through organizational chart, each role relates to each other Formal selection Select employees based on technical qualifications Career orientation employees should be professionals not politicians, should have layer of protection from unfair firing Formal rules no consideration for rank or status, meant to be written Impersonality avoiding consideration of personal preference, rules should be uniform, no special treatment. Response to monarchy and dictatorship Bureaucracy was designed to be fair, efficient, however it does tend to be slow, methodical, and tend to be not innovative. The spoils system is counterproductive, unfair, etc. in contrast. Weber’s work gained preference, Pendleton act was established, etc. Regulatory agencies, supposed to be independent from political influence, EPA for example. How do you make them independent? Make their terms long (if your term is short you will likely cater to the president to get more time in office) Congressional oversight Congress can leverage fiscal power to control bureaucratic agencies. Coordinating within agencies and across agencies is vital to mission success but often challenging. Intraorganizational bureaucracy is challenging because they all have their own systems and rules. Hierarchical structure depends on clear division of labor. Select bipartisan house committee cited failures at all levels of government. For example hurricane Katerina failed in part because no one knew their jobs; local gov was waiting for state gov to take indicatives and so on; it was a failure to coordinate bureaucratic agencies. How to keep bureaucratic agencies accountable: * Sunshine act requires all indep regulatory commissions to give advance notice of meeting 1977 *government performance and results act 1993 agencies required to create performance goals establish how results will be measured produce strategic plans and annual performance plans and report results *national performance review 1993 NPR was an interagency task force created to reform and improve fed gov functions 2014 veterans affairs scandal whistleblower story: president set 14 days for wait time for veterans to get appointment. Administrators got performance based payment, and so they lied about wait times. Terms: th Reserved powersgiven to the states for the states: not national gov (10 amendment) Enumerated powers actually laid out in the constitution, given to national gov Concurrent powers national and state goes share these Dual federalism both nat. And state govs have their own levels of authority, sometimes referred to as layer cake federalism bc the fed and state powers are separate like cake layers Cooperative federalism Ed and state govs should work together to solve problems as a unit (marble cake federalism) Unitary systems grant pwr to national gov before any other type of gov Confederal systemsgrant pwr to local govs and the citizens before central gov Federalism a system of powers of the gov. divided amongst federal (central) and state government, then local gov. Sovereignty the powers given to govern within a nation Relationships between cooperative and dual federalism observed: Reagan wanted to give more power to the states through devolution; the transfer of power from the fed. Govs. To the states, or sometimes from the states to the fed. Gov. Clinton wanted cooperative federalism and pushed policy experiments to help with edu and welfare outreach with the states Obama regulated (nationally) health care under his Affordable Care Act and allowed each state to willingly accept or deny Medicaid expansion Casework congressional work done on behalf of constituents Filibuster extended debate on legislation to delay or avoid a vote on a bill Majority and minority leaders highest rank in congress within major. and minority parties: they organize around legislation and set agenda Oversight congress reviews the performance and actions of the executive branch’s agencies and investigates activities and gathers information on issues of public concern Iron triangle the relationships between bureaucracies that encourage working together for common goals. Oversight Congressional review of the executive branch to ensure their agencies are doing what they’re supposed to, can mean investigation for public issues. Pendleton Act (1883) federal offices cannot be filled on the basis of friendship or loyalty in response to the spoils system which led to the death of president James Garfield Civil liberties fundamental individual rights (freedom of speech, press, religion, due process) Civil rights personal rights for citizens of the US (right to vote, due process, and protection from discrimination) Defamation false statements about someone that “injures” their reputation. Crossover sanctions in order to get money for this __, do this __, if you don’t, pay this__. Key lecture points: *Our government was made for gridlock; the founders got the US they wanted *life w/o governing force “who gets the meat” violence resolves conflicts over resources *at some point humans made “deals” social contracts; “if you let me be boss, I’ll give you enough to survive” feudal society *the legitimacy of the US constitution comes from the people –popular sovereignty *the 13 states in the Articles of Confederation trusted legislative (elected) officials, rather than king appointed executives. After about a decade this stopped working; we needed a government. This is when the constitution began *they wanted “just enough” government; ability to raise taxes, etc. so colonists included a list of limits in const.; people entitled to public trial, separation of pwr, checks and balances, prohibitions, etc. (E.g. Legislative checks: house impeaches executive and judicial, senate convicts those impeached. Exec. impeach and remove federal judges) * “if men were angels we would need no government,” if the government were made up of angels, we would be fine as well. But checks and balances are needed because of human nature; “lets use human nature to our advantage” –human nature calls upon people to protect; the constitution gives ability to gov to protect. Federalists wanted the constitution, believed in strong national gov and elite officials and were mostly wealthy citizens Antifederalists opposed the constitution and believed that state governments and the common man should have most authority. They wanted to outline individual liberties in the Bill of Rights “Declaring Independence” (slides, Mindtap) * Colonies were valuable because of revenue needed to recover from the French and Indian Wars of 17541763 *In an attempt to gain this revenue, the Sugar Act (1764) taxed goods “brought in from abroad” by colonists, and eventually the Stamp Act of 1765 taxing paper goods. Even with the stirrings of political revolution after these Acts, the Crown passed the Townshend Acts in 1767 which brought higher taxes and more objection in the form of boycott *To punish colonists for the Boston Tea Party of Dec. 16, 1773, the Intolerable, or Coercive Acts (1774) were passed. *Common Sense (1776) a work by Thomas Paine started the talk about independence for the colonies (this work was based on philosopher John Locke’s belief in natural rights; life, liberty, property) *1775 Second Continental Congress formed, revolutionary war begins *Long war follows, Great Britain concedes independence of U.S. at the Treat of Paris 1783 *New US gov faced challenges in creating a strong central gov, acted as separate nations *Virginia Plan created a “twochambered, legislative branch” New Jersey Plan countered this, wanting a single chambered leg. Branch, wanting smaller states to have as much influence as bigger states. Connecticut Compromise (the Great Comp.) was the agreement between the two *Compromise was made to let slaves be considered 3/5 of a vote for representation (“remains a stain on constitution.. it denied full citizenship to African Americans…”) *Article 1 of the Constitution: Congress and Leg. Branch, article II: exec. Branch and presidency, Article III Fed. Judicial Branch *Necessary and Proper clause allows Congress to “respond to changing circumstances” though much is left open to interpretation under that general phrase Important cases, ratifications, laws: U.S. v Windsor: same sex unions considered marriage, federal benefits McCulloch v. Maryland: should congress be able to charter a fed bank, can states tax it? (1819) Gibbons v. Ogden: bc federal ruling is necessary for unity, states are not granted the power to regulate commerce Plessy v Ferguson Adolph Plessy arrested for sitting in white section of train, sued because it was unconstitutional Establishment clause no promotion of religion in a public institution (ex: school) th Incorporation doctrine 14 amendment, states cannot infringe on rights of citizenship Equal protection clause 14 amendment requires to provide all people with equal protection under law 1868 Ratification of the Fourteenth Amendment 1870 First woman votes in Wyoming; ratification of the Fifteenth Amendment Civil Rights: 1964 Civil Rights Act passed 1965 Bloody Sunday, Selma, Alabama; march from Selma to Montgomery, Alabama; Voting Rights Act passed LGBT Cases: 1993 Don’t Ask, Don’t Tell policy signed 1996 Defense of Marriage Act (DOMA) signed 2004 Massachusetts first state to allow samesex marriages How a Bill Becomes a Law (in order): Proposal and sponsorship Committee and subcommittee referrals Markup Individual bills passed by House and Senate Conference committee Unified bill passed by House and Senate Presidential signature Key Events and Years: Ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments 1865–1870 First African Americans elected to Congress 1870 Ratification of the Seventeenth Amendment1913 Jeannette Rankin becomes the first woman elected to Congress in the House of Representatives 1917 Voting Rights Act passed 1965 Supreme Court decides Shaw v. Reno 1993 Supreme Court decides Shelby County, Alabama, v. Holder et al. 2013 Congress The House of Representatives is closest to the people and to reflect the interests of the people and has a strong party discipline. Can reward and sanction members for loyalty (or lack of) to party affiliated bills. Large party polarity is noticed in recent years in both houses. The Senate represents the interests of the states and has a weaker party discipline House Majority leader:assists Speaker of House, plans agenda, schedules legislations, works with members The Senate majority leader (more responsibilitie keeps members informed of the status of legislation, procedural questions are referred to them, controls agenda, works on unifying members on issues, schedules votes. Congress is made to be close to the people and represent them. It is the law making branch consisting of constituent service, oversight and checking branches. It is also described as inefficient; the power held by the government is often not enough to make up for the obstacles put in place making it harder to pass laws. However, specialized, standing committees allow the congress to achieve more (though publicized gridlock and partisanship results in a commonly negative view of congress from the people.) Presidency: Election is a long and arduous process, limited powers such as being the commander in chief, negotiation of treaties, and vetoing powers. Informal and implied powers give the president power to govern in ways like through executive orders and agreements. president was the office the founders feared; president has limited powers thusly checks and balances, etc, are some of the limitations fed paper no. 70, wanted a powerful country lead by a strong person; executive must have powers. Regardless, the office was set up with limited powers to run the country that being said, we don't have limited expectations from the president. during WWII and the Great Depression, the entire country looked to the president to protect and return us to economic stability (following Great Depression). The powers of the presidency then expanded until the 60’s and 70’s when presidency started to look like imperialism under Lyndon b Johnson, when he entered us in a war most didn't want. pushback from the congress came; through legislation, that limited the funds of president as well as the war power. war powers act, pres must ask for approval from congress to send military into war veto is not always useful but can give pres bargaining power when congress proposes a bill pres has power to appoint people into the judicial system, however congress can make the process of approving officials into court much longer, harder. Filibustering, delaying confirmation, etc. pres also has power to pardon expectation gap: our expectations vs. the actual power of the president
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