Chapter 13 The Presidency Weak executive model Job of chief executive is to implement decisions of legislature Strong Executive model Executive independent of legislature with powers in executive office Restrictive view of presidential power exert powers only listed in constitution Stewardship doctrine view of presidential power that states president is steward of people and should do anything the nation needs that is not prohibited by the constitution Prerogative View of Presidential power View promoted by abe Lincoln that argues president is required to preserve the constitution and take actions to do so that otherwise may be unconstitutional Positive Government idea that gov should play major role in preventing or dealing with crisis of nation Hierarchical model organizing calls for clear lines of authority and delegates responsibility from president and through chief of staff Spokes of the wheel model organizing for president to be center of activity with numerous advisors reporting directly to president Executive Agreements Agreements negotiated by the president that have same weight as treaty but do not require senatorial approval Party Polarization policy positions or ideology within political parties become more homogeneous and policy positions across the parties move farther apart Unilateral Powers presidential directives that carry weight of law even though they have not been formally endorsed by congress Examples executive orders signing statements executive agreements Executive Order legally binding presidential order directing agencies and officials on how to implement laws or policies enacted by congress Signing Statements pronouncements of how president intends to interpret and apply a law when he signs bill into law National Security Directive type of executive order with force of law authorizing federal agencies or officials to take action to protect national security Chapter 14 Bureaucracy Bureaucracy agencies of federal government Spoils System governing which political positions and benefits are given to friends of winner Merit System jobs given based on relevant technical expertise and ability to perform Neutral Competence public agencies make decisions based on expertise rather than political or personal considerations Cabinet Departments 15 most largest and most influential agencies of the federal bureaucracy Independent Agencies Fed agencies not part of cabinet level executive departments Regulatory agencies and commissions Agencies independent of cabinet departments and are created by congress to monitor and regulate specific areas of economic activity Deregulation reduction or elimination of gov rules and regulations that interfere with efficient operation of market forces Government corporations federally established businesses that are narrow in focus and are in part self supporting Advisory Committees temp or permanent organizations created to provide info and technical expertise to bureaucracy Rulemaking is process in which bureaucracy decides what laws passed by congress mean and how they should be carried out Rule statement of bureaucracy that interprets law Adjudication process designed to establish whether a rule has been violated Iron Triangle term used to refer to interdependent relationship among the bureaucracy interest groups and congressional committees Policy Subsystems networks of groups with an interest in a specific policy issue or area Bounded Rationality human s not utility maximizers as suggested in classical rational choice models Humans satisfice rather than maximize Satisficing considering possible alternatives until finding one that is good enough to solve the problem at hand even though it might not be the best possible solution Overhead Democracy idea that bureaucracy is controlled through oversight of elected officials who are chosen by people thus giving populace control over bureaucracy Police Patrol Oversight the active oversight of bureaucracy by elected officials to make sure that the bureaucracy is acting according to the wishes of the people Fire Alarm Oversight Oversight that becomes active only when there is evidence of bureaucratic wrong doing Agency Capture A term used to describe when an agency seems to operate for the benefit of those whom it is supposed to regulate Sunshine Laws laws intended to keep bureaucracy accountable to the people by requiring that agency meetings to be open to public Legislative Veto Measure that gives congress ability to reject an action or decision of bureaucracy Appointment Power power of president to control bureaucracy by selecting people who will head its agencies Impoundment limited ability of president to not spend money appropriated by congress To cancel funds can seek rescission message to congress Executive orders directives of president that have same weight as law but not voted on by congress Legislative Intent Intention of congress when it passes law Standards of Due Process procedural guarantees provided to ensure fair treatment and constitutional rights Contracting Out hiring private organization to deliver public program or service Principal agent Model model explaining relationship between congress and bureaucracy which states relationships is similar to that between an employer who seeks to have work done and an employee who does the work agent Adverse selection principals lack of information about abilities of an agent Moral hazard principals lack of information about the effort of an agent Chapter 15 Judiciary system of courts and judges concerned with administration of justice Judicial power refers to authority of courts to interpret and apply law in particular cases Jurisdiction types of cases a given court is permitted to hear Court of original jurisdiction trial courts that hear case for first time Court of Appellate jurisdiction courts that review decision of lower courts Judicial Review power to review decision of lower courts and to determine the constitutionality of laws and actions of public officials Marbury v Madison court asserted power of judicial review Judicial Conference committee of district and appellate judges that reviews the need of the federal judiciary and makes recommendations to congress Collegial courts courts in which groups of judges decide cases based on a review of record of lower court trial En banc procedures in which all members of court of appeals hear and decide a case Writ of certiorari order from higher court to lower court
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