Midterm 2.docx - On page 342 of the reading Subsection L go to zoey to get exam TESTS BASED ON TEXTBOOK Chapters 8,9,10,14 Bureaucracy courts parts 1

Midterm 2.docx - On page 342 of the reading Subsection L go...

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9/25/19 On page 342 of the reading Subsection L- go to zoey to get exam TESTS BASED ON TEXTBOOK Chapters 8,9,10,14 Bureaucracy, courts parts 1 and 2, public opinion, and media Impeachment- high crimes and misdemeanors- very touchy and hard to understand- could be means for it The bureaucracy Create departments (cabinets) in response to events Agency functions o Service to legislators o Implementing laws o Rulemaking o Monitoring regulated entities o Adjudication A judicial type action that an agency engages in Legislative process o Write bill o Introduce bill o Assign to committee o Debate on floor of chamber o Pass out of chamber (repeat 1-5) o Reconcile and send to president o President signs bill Rulemaking process o Rule drafting o Propose rule o OMB review o Notice and comment o OMB review (again) o Final rule o Implement rule Principle agent problem o Delegation o Discretion Concept that FDA has a lot of personal power to implement bill
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o Bureaucratic drift Agencies pursue their preferences o Coalition drift Policies change so we change o Agency capture No clue o Agency ossification Write a rule in that form and process it in that form (opposite of agency capture Concept that agency is its free agent and does what it wants o Congressional oversight o Ex ante Writing legislation that is going to constrain an agency Try to control policy outcomes Ex: (I need you to do this by 2020, these are your resources, you have to report to us by xxx, here are penalties if you don’t do it) o Ex post Congress can write new legislation to constrain agencies Oversight hearings Presidential oversight o Write an executive order o Signing statement o Presidential memo o Control over appointments Bureaucrats Personnel, hiring, and firing o Appointments and vacancies Strategic vacancies; acting heads of agencies to take over until position is filled so that there are no strict regulations o Politicization of an agency Ratio of appointed personnel to career personnel o What motivates bureaucrats? 9/30/19 Trump nominated republican justices Federal courts Precedents o Prior decisions o Principles used by judges for basis of decisions
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Stare decisis o Prior court decisions have power. Present supreme courts should be hesitant to overturn previous court decisions. o Use old court cases as bench marks on how to make decisions on future cases Original jursidction o Hear the case first o Originate in front of you Appellate jurisdiction o Hear the case on appeal o Review the facts of the case, probably no new testimony o Writ of certiorari o Legal writ wear person convicted appeals to have case heard by supreme court Supreme court Chief justice and 8 associates (chief has no more power than other judges) Appointed by president Cant filibuster nomination of justice 10/2/19 Court as political institution o Dispute resolution o
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  • Spring '14
  • Supreme Court of the United States

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