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American National Government > Unit 3 (pt 2) > Flashcards

Unit 3 (pt 2) Flashcards

1
Q

Bureaucracy

A

All processes organizations and individuals associated with carrying out laws and other rules adopted or issued by legislatures, executives, and the courts. The permanent government

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2
Q

Max Weber

A

Father of bureaucratic theory
natural consequence of increasingly complex society

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3
Q

Characteristics of Bureaucracy

A

Hierarchy
Formal authority
Division of labor according to specialization
Employment by merit
Merit judged by education and experience
Compensation based upon performance of official functions
Complex system of record keeping
Standard operating procedures

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4
Q

Bureaucratic Structures

A

Cabinet Departments
Government Corporations
Independent Agencies
Independent regulatory commissions or Boards
Bureaus

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5
Q

Government Corporations

A

Hybrid
3 Dozen
Common characteristics
-Flexibility with budgets
-We still control their activities
-Tasks a private sector doesn’t do, or doesn’t do well enough
PBS

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6
Q

Independent Agencies

A

Defined by what they are not
A few dozen
Vary in size and mission
Unprovided public goods at work
NASA

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7
Q

Independent reg. Commissions/boards

A

Regulation of big areas of economic activity
A few dozen of these
- independent agencies, independent regulatory commissions/board
Policy makers
Examples…
Board of governors of the federal reserve

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8
Q

Bureaus

A

Smaller units inside bigger ones
aka: offices, services, administrations

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9
Q

Know what the different types of administrations and groups are between four options…

A

Labor, health and human services, energy, commerce

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10
Q

Roles/Functions of Bureaucracy

A
  1. Administration
  2. Service provision
  3. Regulation
  4. Licensing
  5. Information gathering
  6. Policy making
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11
Q

Administration

A

Execute and enforce laws

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12
Q

Service Provision

A

Deliver services

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13
Q

Regulation

A

Make rules to protect the public

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14
Q

Licensing

A

Set standards (closely related to regulation)

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15
Q

Information gathering

A

Straightforward
Reasons:
1. To determine if a law has been violated
2. To make policy decisions that are rational/based upon factual evidence and/or to follow up to assess how policies are working.

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16
Q

Policy Making

A

When is policy execution actually policy making?
Woodrow Wilson

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17
Q

What are the four kinds of policy making?

A
  1. Discretionary implementation
  2. Agency Adjudication
  3. Rule-making
  4. Advisory Roles
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18
Q

Discretionary Implementation

A

Deciding how and when policies will be applied

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19
Q

Agency Adjudication

A

To hear and decide, who?: administrative law judges

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20
Q

Rule-making

A

Filling in the gaps left by elected policy makers

21
Q

Advisory Roles

A

People that advise against? I’m not sure tbh

22
Q

Law

A

A collection of rules laid down by the government, binding all members of the state, including government itself.

23
Q

Legal System

A

An organized set of legal principles composed of 2 parts, 1) a recognized body of law 2) an enforcement apparatus

24
Q

Recognized body of Law (think pyramid)

A
  1. Us Constitution on top
  2. National statutes
  3. State constitutions
  4. State statutes
25
Q

Enforcement Apparatus (types of courts)

A
  1. Supreme Court
  2. Appellate Courts
  3. Trial Courts
26
Q

Functions of Courts and Legal Systems

A

To resolve legal conflicts, or cases: disputes over the meaning, application, or violation of laws.
Also to adjudicate: resolving conflict between laws

27
Q

Types of Law

A

Criminal
Civil
Constitutional
Administrative
International

28
Q

Criminal

A

Acts which disturb the social order, threaten the public welfare

29
Q

Civil

A

Disputes between individuals or groups, usually over matters of rights, responsibility, or obligation

30
Q

Constitutional (public law)

A

The application principles to statutory and administrative actions.
Judicial Review

31
Q

Administrative (public law)

A

Oversees the regulatory actions of government agencies

32
Q

International

A

Consists of treaties, convention accords, and long-established customs, recognized by most nation-states

33
Q

Types of Courts

A

51 courts
Supreme Court
Appellate Courts
Trial Courts
99% of court cases are state cases

34
Q

Trial

A

Original jurisdiction
Hear arguments and evidence, collect the facts, across 50 states

35
Q

Appellate

A

50,000
Appellate jurisdiction
judges hear and rule in threes, en banc

36
Q

Supreme

A

7,000 requests a year make it to the supreme court, but they hear around 100-150 cases (1%), original or appellate.

37
Q

Rule of Fours

A

If four justices agree to see it, then they shall

38
Q

Writ of Certiorari

A

Getting certified to make it to the document

39
Q

Criteria for Accepting Cases for Review

A
  1. Has to have standing
  2. Non mootness
  3. Real cases and controversies
  4. No political questions
40
Q

Has to have standing

A

Has to have something to back it up; the relationship to the case. For example, if you’re going to court for an injury, you must have the injury or else you don’t have standing to be bringing it to court.

41
Q

Non-mootness

A

Example: can states restrict access to medical abortion? (underlying controversy has not been resolved)

42
Q

Real cases and controversies

A

Example: Can congress give the president a line item veto

43
Q

No political questions

A

Can the courts force the state legislatures to redraw the districts (fairly) after every census.

44
Q

Court Opinion

A

The written explanation of the court’s decision and reasoning in a particular case. What and why of the decision.

45
Q

What are the three types of opinions

A
  1. Majority Opinions
  2. Concurring Opinions
  3. Dissenting opinions
46
Q

Majority Opinion

A

Decision of the court including its reasoning
Becomes law and is referred to by judges/lawyers all over the country
If they all sign it, what’s it called: A UNANIMOUS OPINION/DECISION

47
Q

Concurring Opinion

A

An essay/written explanation agreeing with the majority opinion on the outcome but not with the reasoning or language of the opinion.

48
Q

Dissenting Opinion

A

An essay/written explanation opposing the majority opinion, typically outcome and reasoning
There isn’t always a dissenting opinion, there may be several
Alfonso Lopez Jr.
Had all three in one case

American National Government (4 decks)

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