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Flashcards in Exam #2 SGPP Deck (45):
1

The Articles of Confederation

Gov before Constitution, Formalized the practices that were developed during Revolutionary War, created very weak National Gov (could not force states to follow rules, did not have power to tax, each state could issue its own money) Congress called for convention in 1787

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Constitutional Convention

had a long list of issues to solve: representation
executive branch
slavery
powers of fed and state govs)
New constitution was ready and approved in June 1788

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Constitution: Article I

Legislative Branch:
Legislative power in Congress
Qualifications for being in the House and Senate
Process for passing legislation
Enumerated powers (congressional chores)

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Constitution: Article II

Powers of the President
Qualifications and selection
Chores of the President

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Constitution: Article III

Power of the Supreme Court
Jurisdiction

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Constitution: Article IV

Full faith and credit clause
Can admit new states

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Constitution: Article V

Amendment Process; two part process (proposing & ratifying)

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Constitution: Article VI & VII

Debts carry over
Supreme Law of the Land
No religious tests
Ratification

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The Early Supreme Court

Justices spent most of their time "circuit riding", did not have many cases

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Marbury v Madison

Is there a right to the commission? Marbury was designated justice of peace in DC by Adams but it was never fully finalized. Appointees sued the Supreme Court for their jobs. Question: Is marbury entitled to his appt? Is a lawsuit the correct way to get it? Does the Supreme Court have the jurisdiction? Most important effect was on nature of the government. Case gave Supreme Court the power of judicial review and gave courts the power to declare laws passed by Congress as unconstitutional.

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Selection of Supreme Court Justices

nominated by President, confirmed by the Senate

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Case Selection

If someone is not satisfied with the decision of a lower court must petition the US Supreme Court to hear their case. Supreme Court grants a writ of certiorari

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Supreme Court Rule of 4

4 of 9 justices are needed to grant write of certiorari

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Oral Arguments

Scheduled after Court agrees to hear a case. Can be seen to help clarify positions on the case, can also be seen as a waste of time

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Opinion Writing

Occurs after Oral Arguments, there is an assignment sheet which lists cases for which each Justice is tasked with writing the majority opinion for the Court, Justices can either write another opinion or join an opinion, then the Court announces its decision to the public

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Regular/Special Concurrences

Reg: agree with outcome/reasoning
Special: agree with outcome but not reasoning

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Contracting State

selling or leasing public assets, partnerships, collaboration, networks and contracting out

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Example of use of private organizations for public purposes

Roads/infrastructure
defense contracting, prisons and military

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Define: Privatization

"enlisting private energies to improve the performance of tasks that would remain in some sense public"

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Implications of market solutions

Shadow government, Flatter governance

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Shadow Government

With privatization, government does not go away. Government is just behind the scenes. Yet, people continue to look at gov for transparency which is lost with privatization

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Flatter governance

organizations closer to the issue that can make decisions

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Pros of the contracting state

Cheaper goods/services
Specialization
Innovation
speed
Increased reach

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Cons of the contracting state

Mismatching accountability mechanisms
Shields activity from public view
Perverse economic incentives
Oversight
Data deficits

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Concerns in Prison Privatization

Accountability, Transparency, Incentives

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Transparency in Prison Privatization

Lack of transparency. Unlike public facilities that are subject to state/federal open records laws, private prisons are permitted to operate in secrecy

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Incentives in Prison Privatization

Prisons have moved from reformatory to warehouses. demand for our correctional and detention facilities could be adversely affected by changes in laws, leniency in conviction, and decriminalization of certain activities (drugs). BUT when it's private, there is a certain quota of prisoners, etc.

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Mental Illness in Prison

Since the 70's there has been a cut in funding for psychological help and the number of mental ill prisoners has increased, after SMI individuals are arrested they are much more likely to continue being detained, Pysch hospitals have been shut down, prisons have been opened

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Fiscal Policy

impact of federal government budget (spending/taxes on the overall economy) or GDP

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Gross Domestic Product

Measure of a nation's total economic activity, represents monetary value of all goods and services produced within a nation's borders

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Federal Budget

Tax revenues - Gov Expenditure

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Federal Expenditure

Divided into Discretionary and Mandatory. Discretionary part of budget at Congress' discretion. Mandatory part of budget dictated by law.

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Stabilization

Done through fiscal & monetary policy. Role of gov in economic growth, full employment and price stability

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Redistribution

Role of gov in maintaining socially preferred distribution of income & resources. Transfer payments, mandatory programs

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Keynesian Economics

Advocates increased gov expenditure and lower taxes to stimulate demand. If economy is doing poorly, gov can step in to stimulate demand through economic intervention, Guiding principle for fiscal policy

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Fiscal expansionary policies

Tax cuts or increased spending

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Tax cuts

Temporary or permanent, Idea that there is a propensity to save more (people will have more $ in their pockets) Targeted or broad-based

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Increased Spending

Direct spending; multiplier effect. Transfer payment to state/local gov, Transfer payments to individuals

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Most notable consequence of expansionary fiscal policy

Budget deficit & buildup of national debt

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National Debt

total accumulated debt owed by government. Expanded by deficit, reduced by surpluses

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Non-public National Debt

Owed to other parts of fed government

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Public National Debt

owed outside of the US

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High Interest Rates

Cause by higher levels of debt and makes it very costly to service debt, High interest rates are bad for economy because it makes it harder to borrow money

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Why do US interest rates stay low?

US dollar is worlds reserve currency, US borrows in US dollars and has to pay back in US dollars which makes interest rate stay low

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Does the US have a debt problem?

More immediate problem is economic growth, Higher economic growth makes debt easier to bear in future, BC our interest rate is low, gov can borrow to stimulate economy through infrastructure, research/development, education, In the longterm our debt is still expected to grow