POLS 102 1st EditionLecture 25Outline of Last Lecture:1. Bureaucracya. Characteristicsb. Public different than privatec. Types of federal agenciesd. What do agencies do?e. Types of policiesf. Outcomes/OutputsOutline of Current Lecture:1. Political Influence over the Bureaucracya. Presidential influencei. Appointmentsii. Unilateral Action2. Is the Bureaurcarcy supposed to be effective?a. Nob. Political Compromisec. Political Uncertainty3. The US Supreme Courta. Roleb. Functionsc. ElementsCurrent Lecture10. Political Influence over the Bureaucracya. Presidential influencei. Appointments1. Political appointees influence the substance of policy decisions made by agencies2. This is consistent with the Presidents constitutional authoritya. Under the Take Care Clause of Article 2ii. Unilateral Action1. Presidential policy – executive order2. Congress grants agencies the ability to make decisions but the President controls how agencies use this discretion11.Is the Bureaucracy supposed to be effective? (Moe 8-1) NO. Sometimes agencies are set up to fail = it’s rationalThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.a. Political Compromise – it’s really hard to pass a law in the US, therefore you need compromisei. Compromise with the opponents in order to get the agency to existii. “The Fox is led into the chicken coop” – Moe1. The way the US government is set up, the fox eats the chicken. It’s a transaction cost law making. b. Political Uncertainty – political agency authority can be used against Congress and Senate in the future. This is why agencies have a lot of red tape to get through to make decisions.i. Example: the Matrix – one day augmented intelligence could use their intelligence against us.The US Supreme Court1. Role of the Supreme Courta. Ensures that government (National, State, Local) act consistently with the Constitution – the court decidesi. Consistent with Federalist 51ii. This capacity is not provided for in the Constitutionb. In ensuring (a) the Supreme Court decisions affect public policy i. Varies between states2. Process of Hearing Cases – as an appeals courta. Verbal Argument – Petitioner v. Respondenti. Half an hour for each sideii. Justices hear the arguments and ask questionsb. Conference discussion between justicesc. Conference vote on the merits of the case – 5 out of 9 Justices have to agreei. To affirm or reverse a rulingd. Opinion assignment – the Supreme Court doesn’t just votei. Extensive opinion report on why the Court made that decisione. Opinion Writing – if Chief Justice is in the majority he appoints the person that will write the assignment. If the Chief Justice isn’t in the majority, the longest servicing justice chooses the writerf. Justices can:i. Join – we agree with the ruling and the logic of opinion assignmentii. Concur – we agree with the ruling but not the logiciii. Dissent – we disagree with the ruling and the logic3. Elements of the Supreme Court Deaconsa. Componentsi. Disposition: affirm or reverseii. The logic of the ruling is most important because it explains why the decision is Constitutional1. Interpretation of the law and what it means2. Interpretation of the Constitutionb. Functionsi. Provide directions to lower courtsii. Establishes a precedent1. In all future instances when the facts are the same the ruling has to be the
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