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
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
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
