Ok so these notes are from 7th period last tuesday before Thanksgiving. Sorry so late I've been having internet problems out the wazoo but I wanted to get them up there before the quiz tom.
Chapter 13 (in the middle)
-most of the bureaucrats who work for the fed. gov't are hired under the requirements of the civil service overseen since 1973 by:
A) office of personnel management which administers civil service laws, rules and regulations which administer civil service exams for the competitive service which includes about 2/3's of al appointed officials. The OPM is in charge of hiring for most fed. agencies
B) the merit systems protection board protects the integrity of the federal merit system and the rights of federal employees. The board hears changes of wrongdoing and employee appeals against agency actions and orders disciplinary actions.
-the civil service was created to reduce patronage in awarding of fed. jobs. Jobs are filled on the basis of merit in accordance with pendleton act workers can't be fired for political reasons.
A) most civil servants work outside of wash as serv. need to be accesible to people across the country
-pres. can appoint fewer that 1% of all executive branch employees, though the ones they appoint fill the top policymaking positions.
A) pres. feel that they have insufficient control over the excutive branch and would like to fill a larger number of positions in the government.
B) it would seem more appointments would make bur. more responsive.
1) can't afford to ignore policy preferences of highway builders
2) generally bur. policy doesn't move in the direction set by the white house though progress might not be attained quickly
C) pres. appointments to bur. leadership positions may also broaden opp. for advancement of tradition under-represented groups. pres. clinton was particularly succesful making his administration resemble the broader population.
Administrative policymaking: formal process
1) latitude that congress gives agencies to make policy in the spirit of legislative mandate- also known as administrative discretion
A) critics of bur. frequently complain that agencies are granted too much discretion.
B) some critics say these agencies are out of control-exaggerated claims
1) congress can rein them
2) power of purse control agencies budget
3) lead to compromise and consensus
2)rulemaking is a power congress has.
A)since they are authorized by congressional statuates reg. have the force of the law
B) when agencies issure reg. they are 1st published as proposals so that all interested parties have opp. to comment on it
C) reg. are contoldded because they force people and businesses to act in certain prescribed ways often against their own self interest.
3) while in congress often gives agencies administrative discretion in deciding how to implement laws it also serves as a check on the activities of the bur. congress oversees the bur. in a number of ways
A) duplication giving job to more than one agency
B) authorization and appropriation power of purse
C) hearings
D) rewritting legislation to make it more detailed.
- agencies are also checked by the pres. through:
A) appointments
B)executive orders
C) budget building
D) reorganization
Again sorry this was late, I hope it was helpful to someone though =)
Thursday, December 4, 2008
Notes for Wednesday continued
D. Justices Opinion
-states reasons for opinion
-justice can agree with judgement for different reasons rather than argument written: called concurrence and a concurring opinion can be created
-if minority- write dissenting opinion. why the majority was wrong.
-both can be drafted
E. after conference, chief justice writes majority opinion or assigns responsibility to another.
F. we should expect typical political behavior from justices as attempt to stamp their own views on cases
4) although he is only one of 9, the chief has unique/important functions
-may provide social leadership by generating solidarity or intellect, or leadership
-through his power to control docket and direct confferences, may excercise control over.
How become a judge?
1. nomination/confirmation
-president nominates when vacancy occurs or new postion in federal judicary
-Senate confirm the prez's nomination by majority vote. known as advise and consent.
1.the constitution specifies that judges be appointed for life or good behavior, protects them
from pressures
-in accordance with norm of senatorial courtesy.
-for district court nominees must be accepted by senior senator of presidents party from
the state the nominee is from
- senators can stall or scuttle unacceptable nominees
*share this nominating power with senate
-require that senators submit more than one name
-Bush wanted female/minority
*ABA is largest association of lawyers
-cannot nominate, but makes opinions of the well-known nominees
-for the most part, has given blessings
2)recent presidents have made thier mark
-presdients can influence process
-CLinton differed from Reagen and Bush---minority/women
-Prez accepts nominees who share values
Thats it from WED. quiz on friday (tom)
-states reasons for opinion
-justice can agree with judgement for different reasons rather than argument written: called concurrence and a concurring opinion can be created
-if minority- write dissenting opinion. why the majority was wrong.
-both can be drafted
E. after conference, chief justice writes majority opinion or assigns responsibility to another.
F. we should expect typical political behavior from justices as attempt to stamp their own views on cases
4) although he is only one of 9, the chief has unique/important functions
-may provide social leadership by generating solidarity or intellect, or leadership
-through his power to control docket and direct confferences, may excercise control over.
How become a judge?
1. nomination/confirmation
-president nominates when vacancy occurs or new postion in federal judicary
-Senate confirm the prez's nomination by majority vote. known as advise and consent.
1.the constitution specifies that judges be appointed for life or good behavior, protects them
from pressures
-in accordance with norm of senatorial courtesy.
-for district court nominees must be accepted by senior senator of presidents party from
the state the nominee is from
- senators can stall or scuttle unacceptable nominees
*share this nominating power with senate
-require that senators submit more than one name
-Bush wanted female/minority
*ABA is largest association of lawyers
-cannot nominate, but makes opinions of the well-known nominees
-for the most part, has given blessings
2)recent presidents have made thier mark
-presdients can influence process
-CLinton differed from Reagen and Bush---minority/women
-Prez accepts nominees who share values
Thats it from WED. quiz on friday (tom)
Notes for Wednesday Dec 3rd:
Notes for Wednesday
Access and decision Making:
1) the mottos inscribed on the Supreme Court building capture the courts difficult task-hard job.
2) The work of the S.C is determined by access.
A. decides 100 cases per year, though gets 7000 requests to review.
B. The courts jursdiction falls into 2 categories-orginal and appellate
1. orginal-not many cases. court is the first and only fourm for resolution.
2. appellate- subject to congressional control (congress defines the courts appellate in law)
recent example is 2004 bill that would take away jurisdiction (federal) over gay marriage.
Primary source of cases entering the court.
A. cases being appealed by state courts must have reached the end of line in system and also raise federal question
B. litigants ask cour to issue writ of certerion
C. the court nearly has complete control over ist docket, agenda
D. it takes the votes of 4 justices to grant a case full consideration known as RULE OF FOUR
3) the decision to grant or deny review is affected by an executive officail, soliator general
-represents the federal govt before the court
-duties include whether the govt should apppeal lower court decisions and decide whether the govt should file "friend of court" or amicus briefs
-appointed by prez. (advocate for prez.)
-has influecne, known as tenth justice
*once the court grants review, submit writtne arguemnets (briefs). oral arguments follow
*only make decision after meet in conference
How do they make decisons??
-Judicial restraint- maintanins that legislators, not judges, should mkae laws. Judges are siad to exxcercies judicial restraint when they hew closely to statues and previous cases in reaching decision
-judical review- judges hsould interperet laws loosely, using powers to promote their preferred goals (may further liberal or conservative agenda)
- the doctrine of orginal intent- holds meaning of constituion depends on the intentions of framer.
-voting outcome is judgement
-after voting the justices in majoiry draft an opinion (majority opinion) set out reasons for decision
MORE will come later on today. About another page left
Access and decision Making:
1) the mottos inscribed on the Supreme Court building capture the courts difficult task-hard job.
2) The work of the S.C is determined by access.
A. decides 100 cases per year, though gets 7000 requests to review.
B. The courts jursdiction falls into 2 categories-orginal and appellate
1. orginal-not many cases. court is the first and only fourm for resolution.
2. appellate- subject to congressional control (congress defines the courts appellate in law)
recent example is 2004 bill that would take away jurisdiction (federal) over gay marriage.
Primary source of cases entering the court.
A. cases being appealed by state courts must have reached the end of line in system and also raise federal question
B. litigants ask cour to issue writ of certerion
C. the court nearly has complete control over ist docket, agenda
D. it takes the votes of 4 justices to grant a case full consideration known as RULE OF FOUR
3) the decision to grant or deny review is affected by an executive officail, soliator general
-represents the federal govt before the court
-duties include whether the govt should apppeal lower court decisions and decide whether the govt should file "friend of court" or amicus briefs
-appointed by prez. (advocate for prez.)
-has influecne, known as tenth justice
*once the court grants review, submit writtne arguemnets (briefs). oral arguments follow
*only make decision after meet in conference
How do they make decisons??
-Judicial restraint- maintanins that legislators, not judges, should mkae laws. Judges are siad to exxcercies judicial restraint when they hew closely to statues and previous cases in reaching decision
-judical review- judges hsould interperet laws loosely, using powers to promote their preferred goals (may further liberal or conservative agenda)
- the doctrine of orginal intent- holds meaning of constituion depends on the intentions of framer.
-voting outcome is judgement
-after voting the justices in majoiry draft an opinion (majority opinion) set out reasons for decision
MORE will come later on today. About another page left
Tuesday, December 2, 2008
Ch. 14
The role of the courts in American government
1) American courts shape policies that form the heart of American democracy
a) Because judges tend to accept the ruling of other courts in similar cases, judges in effect make policies with their decisions
b) The Supreme Court for example makes fundamental decisions vital to the preservations of freedom, order, and equality
2) Courts can undo the work of representative institutions (congress)
3) This thwarts democratic theory which argues that the majority should rule
The conferral of power on federal courts
1) The constitution established “one supreme court” but left it to congress to structure the federal judiciary
a) Congress adopted the judiciary act of 1789. It provided a system of federal courts that would coexist with the courts of each state by be independent from them
b) Congress created two general types of lower courts
I) constitutional exercise the judicial powers found in article III. Their judges are given constitutional protection of lifetime terms there are 94 district courts and 13 courts of appeals
II) Congress set up legislative courts for special purposes. They are sometimes called article I courts. They help congress carry out legislative powers. Examples are the court of claims, court of international trade, tax courts, and court of military appeals. Courts do not carry out article II and therefore the judges are not protected for life.
c) in the first decade under the constitution the supreme court was not especially powerful
I) the first Supreme Court judge (John Jay) resigned for lack of power
II) Several states men refused appointments
2) Judicial review led to the ascending of supreme courts
a) The courts power boosted under the 4th Supreme Court judge john marshal when he authored his opinion on Marbury vs Madison
I) established the power of judicial review, the power to declare congress. It was declared invalid because they conflicted with the constitution
II)
b)
c) The Supreme Court also exercises judicial review over state laws and executive actions. The courts hold actions of coordinate branches of the federal government.
3) Hamilton anticipated the power of judicial review and discussed it in Federalist No. 78. With this, he sought to minimize the people's fear of judicial review and also pointed out that there is the power to impeach and constitutionally amend
Organization of the court system
1) The state courts
a) Each state (and the District of Columbia) has its own court system and no two are alike
b) State courts coexist with federal court systems and indiciduals fall under the jurisdiction of both. Under the doctrine of dual sovereignty, state and federal courts can prosecute the same person for the same bad behavior under the state and federal law.
c) State courts handle and receive the vast majority of legal disputes
2) The federal courts: they are like pyramids. The Supreme Court is at the apex, the us courts of appeals occupy the middle, and the 94 district courts on the base
How courts work
1) Court fundamentals:
a) Crime is a violation of the public order as defined in the criminal code. The code is legislation that regulates conduct and specifies sanctions for violation
I) government (state and local) maintains order by prosecuting persons for violating the criminal code (criminal cases)
II) Most criminal cases are prosecuted in state courts. Some criminal cases (possession of cocaine) are prosecuted in federal courts
b) Civil cases stem from disputed claims to something value, they involve private disputes (accidents, contracts, divorce) government can be a party to such disputes
c) Few cases ever go to trial most are settled out of court, some are abandoned
d) When a judge decides a case, it is said to be adjudicated
I) to support their decision, they may give their opinion
II) if circumstances are novel, judges may publish their opinions (set precedent and add to the body of common law)
2) The US district courts (original jurisdiction only)
a) There are 94 district courts, each state have at least one (will not hear case on appeal, 1st time cases only)
b) Heard by single judge depending on the case there may or may not be a jury
c) District courts cover criminal cases, civil case which national government is a party, civil case between citizens of different states provided amount disputed exceeds $50,000
3) if a person is unhappy with the court decision they may have the option to have it appealed. Cases litigated beyond the federal district courts usually go to one of the regional appeals court known as US court of appeals
a) 13 courts, 12 cover cases from geographic areas called circuits
b) Judges on these courts sit on panels of three. They aim at correcting errors in lower courts and making policy through opinions they write.
I) their opinion gives judges influence beyond the immediate case
a) Precedent
b) Stare decisis which means “let the decision stand”. Its decision making according to a precedent rather than some other rule
2) Judicial policy making occurs:
a) When judges interpret prior judicial decisions (known as common law or judge made laws)
b) When judges interpret legislations (known as statutory constitution)
c) Judges interpret constitution (judicial review)
c) the 13 circuits of courts of appeals do not have to consult with each other about application of law. They are made in variance in their interpretation. Such conflicts are corrected by review at the
The role of the courts in American government
1) American courts shape policies that form the heart of American democracy
a) Because judges tend to accept the ruling of other courts in similar cases, judges in effect make policies with their decisions
b) The Supreme Court for example makes fundamental decisions vital to the preservations of freedom, order, and equality
2) Courts can undo the work of representative institutions (congress)
3) This thwarts democratic theory which argues that the majority should rule
The conferral of power on federal courts
1) The constitution established “one supreme court” but left it to congress to structure the federal judiciary
a) Congress adopted the judiciary act of 1789. It provided a system of federal courts that would coexist with the courts of each state by be independent from them
b) Congress created two general types of lower courts
I) constitutional exercise the judicial powers found in article III. Their judges are given constitutional protection of lifetime terms there are 94 district courts and 13 courts of appeals
II) Congress set up legislative courts for special purposes. They are sometimes called article I courts. They help congress carry out legislative powers. Examples are the court of claims, court of international trade, tax courts, and court of military appeals. Courts do not carry out article II and therefore the judges are not protected for life.
c) in the first decade under the constitution the supreme court was not especially powerful
I) the first Supreme Court judge (John Jay) resigned for lack of power
II) Several states men refused appointments
2) Judicial review led to the ascending of supreme courts
a) The courts power boosted under the 4th Supreme Court judge john marshal when he authored his opinion on Marbury vs Madison
I) established the power of judicial review, the power to declare congress. It was declared invalid because they conflicted with the constitution
II)
b)
c) The Supreme Court also exercises judicial review over state laws and executive actions. The courts hold actions of coordinate branches of the federal government.
3) Hamilton anticipated the power of judicial review and discussed it in Federalist No. 78. With this, he sought to minimize the people's fear of judicial review and also pointed out that there is the power to impeach and constitutionally amend
Organization of the court system
1) The state courts
a) Each state (and the District of Columbia) has its own court system and no two are alike
b) State courts coexist with federal court systems and indiciduals fall under the jurisdiction of both. Under the doctrine of dual sovereignty, state and federal courts can prosecute the same person for the same bad behavior under the state and federal law.
c) State courts handle and receive the vast majority of legal disputes
2) The federal courts: they are like pyramids. The Supreme Court is at the apex, the us courts of appeals occupy the middle, and the 94 district courts on the base
How courts work
1) Court fundamentals:
a) Crime is a violation of the public order as defined in the criminal code. The code is legislation that regulates conduct and specifies sanctions for violation
I) government (state and local) maintains order by prosecuting persons for violating the criminal code (criminal cases)
II) Most criminal cases are prosecuted in state courts. Some criminal cases (possession of cocaine) are prosecuted in federal courts
b) Civil cases stem from disputed claims to something value, they involve private disputes (accidents, contracts, divorce) government can be a party to such disputes
c) Few cases ever go to trial most are settled out of court, some are abandoned
d) When a judge decides a case, it is said to be adjudicated
I) to support their decision, they may give their opinion
II) if circumstances are novel, judges may publish their opinions (set precedent and add to the body of common law)
2) The US district courts (original jurisdiction only)
a) There are 94 district courts, each state have at least one (will not hear case on appeal, 1st time cases only)
b) Heard by single judge depending on the case there may or may not be a jury
c) District courts cover criminal cases, civil case which national government is a party, civil case between citizens of different states provided amount disputed exceeds $50,000
3) if a person is unhappy with the court decision they may have the option to have it appealed. Cases litigated beyond the federal district courts usually go to one of the regional appeals court known as US court of appeals
a) 13 courts, 12 cover cases from geographic areas called circuits
b) Judges on these courts sit on panels of three. They aim at correcting errors in lower courts and making policy through opinions they write.
I) their opinion gives judges influence beyond the immediate case
a) Precedent
b) Stare decisis which means “let the decision stand”. Its decision making according to a precedent rather than some other rule
2) Judicial policy making occurs:
a) When judges interpret prior judicial decisions (known as common law or judge made laws)
b) When judges interpret legislations (known as statutory constitution)
c) Judges interpret constitution (judicial review)
c) the 13 circuits of courts of appeals do not have to consult with each other about application of law. They are made in variance in their interpretation. Such conflicts are corrected by review at the
In the beginning of class we watched a video. It was about
- Federal agencies
- How they assist during natural disasters
- Roles of federal agents (counseling and handling crisis)
- Federal employees increased from 1000’s to 3million in 2002
- Government evolved as society evolves
- EPA gained power during Nixon’s year
- 4 original executive departments expanded to dozens
- Redison vs. regulation
- Whether or not little league bb should be able to hire an umpire of the age of 12-13 w/out being restricted by child labor laws
Then we took some notes
4) Agencies are checked by the president
a) Appointment
b) Executive orders
c) Budget building
d) Reorganization
Administration and policy making (in formal politics)
1) “The science of mudding theory”- Charles Lindblom
a. The ideal rational comprehensive model holds that administrators rank values, clarify objectives, etc.
b. Real world decision making does not meet these criteria. Though bureaucrats are often criticized for “going by the book” they are required to enforce the book by law.
c. Rules do not make sense all the time bureaucrats interpret laws as the please
2) Agency policy makers encounter a number of constraints
a) Difficult to precisely define goals
b) Cannot always select most effective means for desired goals
c) Problems are often too pressing to complete study
d) Policy making tends to be characterized by incriminations with policies and programs changing bit by bit rather than dramatically
3) Behavior of bureaucrats tend to irritating and “going by the book”
a) Bureaucrats are effected by normal rules of their agencies
Problems in policy interpretation
1) Implementation: process of putting policies into implement. Bureaucrats must convert policies from words to actions
2) Factors can influence an implementation
a. if it is vague it is difficult to get it right
b. however if it is complex it is also difficult
c. sometimes lower level bureaucrats do not have enough discretion to effectively administer policies according to local circumstances
3) Implementation is the incremental process in which trial and error may lead to other policies that work
4) Bureaucratic pathology: characteristic criticized in a number of ways:
a. red tape: the maze of government rules, regulations and paper work that makes government hard to deal with
b. conflict agencies working at cross purposes with one another
c. duplication
d. unchecked growth
e. waste spending more on products than necessary
f. lack of accountability, difficulty firing or demoting an incompetent bureaucrat
The bureaucracy and interest groups
1) Informal ties may give interest groups influence in important policies
a) Iron triangles
b) Interest networks
Reforming the bureaucracy
1) President and agency administration always seek to improve the performance of the bureaucracy. These initiatives tend to alternate between two dominant themes:
a) Making government smaller and less intrusive
b) Fighting waste in government
2) The most recent wave of government responsiveness
a) Total quality managements: techniques applied to bureaucracy focuses on treating citizens like customers
3) Deregulation was an approach
- Federal agencies
- How they assist during natural disasters
- Roles of federal agents (counseling and handling crisis)
- Federal employees increased from 1000’s to 3million in 2002
- Government evolved as society evolves
- EPA gained power during Nixon’s year
- 4 original executive departments expanded to dozens
- Redison vs. regulation
- Whether or not little league bb should be able to hire an umpire of the age of 12-13 w/out being restricted by child labor laws
Then we took some notes
4) Agencies are checked by the president
a) Appointment
b) Executive orders
c) Budget building
d) Reorganization
Administration and policy making (in formal politics)
1) “The science of mudding theory”- Charles Lindblom
a. The ideal rational comprehensive model holds that administrators rank values, clarify objectives, etc.
b. Real world decision making does not meet these criteria. Though bureaucrats are often criticized for “going by the book” they are required to enforce the book by law.
c. Rules do not make sense all the time bureaucrats interpret laws as the please
2) Agency policy makers encounter a number of constraints
a) Difficult to precisely define goals
b) Cannot always select most effective means for desired goals
c) Problems are often too pressing to complete study
d) Policy making tends to be characterized by incriminations with policies and programs changing bit by bit rather than dramatically
3) Behavior of bureaucrats tend to irritating and “going by the book”
a) Bureaucrats are effected by normal rules of their agencies
Problems in policy interpretation
1) Implementation: process of putting policies into implement. Bureaucrats must convert policies from words to actions
2) Factors can influence an implementation
a. if it is vague it is difficult to get it right
b. however if it is complex it is also difficult
c. sometimes lower level bureaucrats do not have enough discretion to effectively administer policies according to local circumstances
3) Implementation is the incremental process in which trial and error may lead to other policies that work
4) Bureaucratic pathology: characteristic criticized in a number of ways:
a. red tape: the maze of government rules, regulations and paper work that makes government hard to deal with
b. conflict agencies working at cross purposes with one another
c. duplication
d. unchecked growth
e. waste spending more on products than necessary
f. lack of accountability, difficulty firing or demoting an incompetent bureaucrat
The bureaucracy and interest groups
1) Informal ties may give interest groups influence in important policies
a) Iron triangles
b) Interest networks
Reforming the bureaucracy
1) President and agency administration always seek to improve the performance of the bureaucracy. These initiatives tend to alternate between two dominant themes:
a) Making government smaller and less intrusive
b) Fighting waste in government
2) The most recent wave of government responsiveness
a) Total quality managements: techniques applied to bureaucracy focuses on treating citizens like customers
3) Deregulation was an approach
December 2, 2008
CHAPTER 14
ROLE OF COURTS IN AMERICAN GOVERNMENT
THE CONSTITUTION ONLY ESTABLISHES THE SUPREME COURT
FEDERAL COURTS
COURT FUNDAMENTALS
U.S. DISTRICT COURTS
ROLE OF COURTS IN AMERICAN GOVERNMENT
- Courts shape policies that form the heart of American democracy
- because judges tend to accept the rulings of other courts in a similar case, judges, in effect, make policy with their decisions.
- The supreme court makes fundamental decisions that are vital to the preservation of representative institutions.
THE CONSTITUTION ONLY ESTABLISHES THE SUPREME COURT
- The constitution has language that implies the creation of state courts
- Congress has adopted the judiciary act of 1789 that provided for a system of federal courts that coexist with courts of each state
- Constitutional courts- exercise judicial power found in Article III of the constitution so judges are given the constitution's protection of lifetime terms. There are 94 district courts and 13 courts of appeal.
- Legislative courts- these called Article I courts because they help carry out congress' legislative power
- During its first decade the supreme court was not especially powerful.
- The court's power was boosted under John Marshall who authored the opinion in Marbury v. Madison. This established the power of judicial review: This is the power to declare congressional acts invalid because they conflict with other legislation
- Judicial review has power over state laws and executive actions
- Hamilton anticipated the power of judicial review and discussed it in Federalist No. 78. With this, he sought to minimize the people's fear of judicial review
- Each state has its own court system and no two are alike
- They coexist with the federal court system and individuals are under jurisdiction of both court systems
- State courts handle and resolve the majority of legal disputes.
FEDERAL COURTS
- Like a pyramid, the supreme court is at the apex, the U.S. courts of appeals are in the middle, and U.S. district courts serve as the base.
COURT FUNDAMENTALS
- A crime is a violation of public order defined in the criminal code. The code is legislation that regulates conduct and specifies sanctions for violation.
- Government maintains order by prosecuting persons for violating criminal code. These are called criminal cases.
- Most criminal cases are prosecuted in state courts but some are prosecuted in federal court
- Civil cases stem from disputes between people and or government over something of value(accidents, breaking contract, divorce, etc.)
- The government can be a party in a civil dispute
- Few cases ever go to trial because most are settled out of court
- When a judge decides a case it is said to be adjudicated. To support a decision, judges may give their reasons through writing an opinion
U.S. DISTRICT COURTS
- There are 94 district courts that have original jurisdiction
- Each case is heard by a single judge; depending on the case, there may or may not be a jury.
- District courts cover federal criminal cases, civil cases that allege violations of national law, civil cases against national government, civil cases between citizens of different states where the amount exceeds $50,000
- Cases that are litigated beyond the federal district courts usually go to the regional appeals courts; 12 of these courts cover cases from geographic areas called circuits
- Judges in these courts sit in panels of 3; they aim at correcting errors in lower courts and making policy through opinions they write.
- Opinion writing gives judges influence beyond the immediate case
- Precedent is a decision in one case that provides a reason for deciding a similar case in the same way.
- This can be described by the Greek phrase Stare decisis which means "let the decision stand"
- Judicial policy occurs when
- the judges interpret prior judicial decisions. This is called common law or judge-made law
- the judges interpret legislation. This is called statutory construction
- judges interpret the constitution. This is called Judicial Review
Monday, December 1, 2008
Blog for December the First
Blog for 10/1/08
Today in class was very fun and interesting.
The class watched a movie on bureaucracy in America
Then Came the notes:
Agency faces constraints that make their job difficult.
Policy making occurs bit by bit
Government workers work by “the book” which is the laws that they must carry out.
Factors that make it difficult for people
Vague Laws
Complex Laws
More than one agency is involved
Bureaucratic pathology- common characteristics that criticized in many ways
Red-tape- rules and regulations that government makes
Conflict-agencies- work against each other.
More than one agency works for the same thing.
Unchecked growth
Waste-spending more on products and/or services than necessary
Lack of accountability difficulty firing or demoting an incompetent bureaucrat.
Iron Triangle- alliances among bureaucrats, interest groups, and congressional subcommittee members.
Working together to promote the same interest.
Interest Networks- both sides of the issue are involved.
Workout good policy
Total quality management- technique applied to the bureaucracy focused on treating citizens like customers.
Deregulation- approach to reform that was championed by conservatives who prefer less government involvement in the economy.
Difficult to decide an appropriate level of regulation.
The End of Class.
Homework is to finish the free response sheet that is due on Wednesday.
Today in class was very fun and interesting.
The class watched a movie on bureaucracy in America
Then Came the notes:
Agency faces constraints that make their job difficult.
Policy making occurs bit by bit
Government workers work by “the book” which is the laws that they must carry out.
Factors that make it difficult for people
Vague Laws
Complex Laws
More than one agency is involved
Bureaucratic pathology- common characteristics that criticized in many ways
Red-tape- rules and regulations that government makes
Conflict-agencies- work against each other.
More than one agency works for the same thing.
Unchecked growth
Waste-spending more on products and/or services than necessary
Lack of accountability difficulty firing or demoting an incompetent bureaucrat.
Iron Triangle- alliances among bureaucrats, interest groups, and congressional subcommittee members.
Working together to promote the same interest.
Interest Networks- both sides of the issue are involved.
Workout good policy
Total quality management- technique applied to the bureaucracy focused on treating citizens like customers.
Deregulation- approach to reform that was championed by conservatives who prefer less government involvement in the economy.
Difficult to decide an appropriate level of regulation.
The End of Class.
Homework is to finish the free response sheet that is due on Wednesday.
Subscribe to:
Posts (Atom)