American Politics 2

constitutional powers that are assigned to one government agency but that are expressed by another agency with the express permission of the first

powers claimed by the president that are not expressed in the Constitution, but are inferred from it

the role of the pesident as commander of the national military and the state national gaurd units (when called into service)

a resolution of Congress that the president can send troops into action abroad only by authorization of Congress, or if American troops are already under attack or serious threat

the claim that confidential communications between a president and close advisors should not be revealed w/o the consent of the president

the president's inherent power to bring a legislative agenda before Congress

a rule or regulation issued by the president that has the effect and formal status of legislation

the secretaries/chief administrators, of the major departments of the federal government

a presidential foreign-policy advisory council composed of the president, vice president, the secretary of state, the secretary of defense, and other officials invited by the president

analysts and advisors to the president, often given the title "special assistent"

an informal group of advisors to whom the president turns for counsel and guidance

the permanent agencies that perform defined management tasks for the president

a claim by a victorious candidate that the electorate has given him/her special authority to carry out promises made during the campaign

announcements made by the president when signing bills into law, often presenting the president's interpretation of the law

the complex structure of offices, tasks, rules, and principles of organzation that are employed by all large-scale institutions to coordinate the work of their personnel

the efforts of departments and agencies to translate laws into specific bureaucratic rules and actions

a product of civil service reform, in which appointees to positions in public bureaucracies must objectively be deemed qualified for those positions

the largest subunit of the executive branch

an agency that is not part of a Cabinet department

a government agency that performs a service normally provided by the private sector

departments, bureaus, or independent agencies whose primary mission is to impose limits, restrictions, or other obligations on the conduct of individuals or companies in the private sector

the stable, cooperative relationship that often develops among a congressional committee, an administrative agency, and one or more supportive interest groups

the government's use of taxing, monetary, and spending powers to manipulate the economy

a system of 12 Federal Reserve Banks that facilitates exchanges of cash, checks, and credit; regulates member banks; and uses monetary policies to fight inflation and deflation

agencies responsible for collecting taxes

a policy of reducing or eliminating regulatory restraints on the conduct of individuals or private institutions

removing part or all of a program from the public sector to the private sector

the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts

the individual or organization that brings a complaint in court

the one against whom a complaint is brought in a criminal or civil case

the branch of law that deals with disputes that do not involve criminal penalties

a prior case whose principles are used by judges as the basis for their decision in a prsent case

Latin: "let the decision stand"

the doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled

the first court to hear a criminal or civil case

a court that hears appeals of trial court decisions

the highest court in a particular state or in the United States. Primarily serves an appellate function

a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing

the sphere of a court's power and authority

the right of every citizen against arbitrary action by national or state governments

a court order that the individual in custody be brought into court and shown the cause for detention

the authority to initially consider a case

justice on the Supreme Court who presides over the Court's public sessions

the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination

the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional

the right of an ndividual or organization to initiate a court case, on the basis of their having a substatial stake in the outcome

a criterion used by courts to screen cases that no longer require resolution

Latin: "to make more certain"

a decision of at least 4 of the 9 Supreme Court Justices to review a decision of a lower court

the top government lwayer in all cases before the Supreme Court where the government is a party

"by the court"

a brief, unsigned decision by an apellate court, usually rejecting a petition to review the decision of a lower court

"friend of the court"

individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs

a written document in which attorneys explain, using case precedents, why the court should find in favor of their client

the stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices

the written explanation of the Supreme Court's decision in a particular case

a decision written by a justice in the minority in a particular case in which the justice wishes to express his/her reasoning in the case

judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting its meaning

judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions

a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest

citizens' attitudes about political issues, leaders, institutions, and events

basic principles that shape a person's opinions about political issues and events

a cohesive set of beliefs that forms a general philosophy about the role of government

a specific preference on a particular issue

the induction of individuals into the political culture; learning the underlying beliefs and values on which the political system is based

social institutions, including families and schools, that help to shape individuals' basic political beliefs and values

a distinctive pattern of voting behavior reflecting the differences in views between women and men

those who generally support social and political reform; extensive governmental intervention in the economy; the expansion of federal social services; more vigorous efforts on behalf of the poor, minorities, and women; greater concern for consumers and the environment

those who generally support the social and economic status quo and are suspicious of efforts to introduce new political formulae and economic arrangements; also believe that a large and powerful government poses a threat to citizens' freedom

the public forum in which beliefs and ideas are exchanged and compete

scientific instruments for measuring public opinion

a small group selected by researchers to represent the most important characteristics of an entire population

a method used by pollsters to select a representative sample in which every individual in the population has an equal probability of being selected as a respondent

a polling method in which respondents are selected at random from a list of ten-digit telephone numbers, w/ every effort made to avoid bias in the construction of the sample

polling error that arises when the sample is not representative of the population being studied, which creates errors in overrepresenting or underrepresenting some opinions

failure to identify the true distribution of opinion within a population because of errors such as ambiguous or poorly worded questions

a polling technique in which the questions are designed to shape the respondent's opinion

attitudes and views that are especially important to the individual holding them

the impression conveyed by polls that something is important to the public when actually it is not

a shift in electoral support to the candidate whom public opinion polls report as the front-runner

the power of the media to influence how events and issues are interpreted

the Exectutive Power shall be vested in a President of the USA

Military, Judicial, Diplomatic, Executive, Legislative Powers

power to act as commander-in-chief of the national military and state National Guard units (when they are called into service)

head of the nation's intelligence network (16 agencies - i.e. CIA)

can "grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment

Miscarriage of justice

if one is found guilty, the President can say that punishment does not have to be carried out

Power of the President to say that "a crime never took place" if someone is found guilty

the Head of the State

Recieves "Ambassadors and other public Ministers"

Acknowledges which foreign governments are legitimate

Treaties and Executive Agreements

written agreement with another country:

the President signs it and the Senate approves it

Must make sure that all laws are faithfully executed

can appoint, remove, and supervise all executive officers

has power to appoint all federal judges

Addresses Congress on the state of the union

Can veto bills

Has the power to issue executive orders

Speech give by the President to Congress that lays out what he thinks the issues of the nation are (if any) and what his proposed solutions are

implied presidential powers that are not directly stated in the Constitution

Executive orders and other powers as needed

Post Office (USPS)

Amtrak (passenger trains)

must approve every proposal from an executive agency that requires spending

party, popular mobilization, and administration - some efforts are ore successful than others

special announcement made by the president to the public via a direct broadcast

executive orders and agreements, National Security findings and directives, proclamations, reorganization plans, signing statements

not mentioned in the constitution

presides over the Senate

casts a tie breaking vote

• 1st: Vice President
• 2nd: Speaker of the House
• Can be sworn in by ANY Federal Judge - happens within an hour

two - term limit on president

- outlines procedure to determine whether an incumbent president is unable to discharge the powers and duties of the office

- establishes procedures to fill a vacancy in the vice presidency

1st case: President KNOWS that he cannot carry out the term

2nd case: President cannot/will not admit that they cannot carry out the term

• 1. House of Representatives brings impeachment charges
• 2. Senate tries the case and votes on it

- in the case of a president being impeached, Chief Justice of the USA presides

Called governors

Only have powers granted to them by state constitutions

4-year terms (except for 4 states)

the governor shares powers with other independently elected executive branch officers

can be of different parties

Can not be commanded or removed by the governor

All 6 are subject to recall: 25% voters must sign a petition

All 6 are subject to impeachment and removal from office

• Grounds:
• - "misdemeanor or malfeasance in office"
• Assembly votes on articles of impeachment
• - simple majority (of those elected) is needed
• Senate conducts the trial
• - 2/3 majority (of those elected) is needed for conviction and removal from office

• Chief Executive
• - Enforce and implement laws
• - Appoint officials (Gaming Board): confirmation by legislature is not needed

Chief of State

• Chief of Legislator
• - Must give "state of state" address at every session
• - Proposes bills and state budget
• - Calls special sessions of legislature
• - Veto bills

2% of the nation works for the Federal Government

can be classified into groups by the services they provide to the American public

• 1. Promoting Public Welfare
• 2. Provide National Security
• 3. Maintain Strong Economy

- enhancing/protecting the general well-being

- provide services, build infrastructure, & enact regulations designed to enhance the well-being of vast majority

- some public agencies providing services are tied to specific segment of the poplation that is thought of as the main agency clientele (i.e. Department of Veteran Affairs)

Mostly located in state and local governments - namely the police (control and security agencies)

• Control Agencies
• Security Agencies

agency for internal security threats

agencies to defend against external threats (Department of Defense)

determines the functioning of banks, credit and currency

Implementation: make rules and enforce laws

prior to the 1880s, most federal jobs were given to political supporters of various officials until the next election

Fiscal policies and Monetary policies

1. divided into departments, each headed by a secretary ... the basic operational unit is the agency (bureau, service, or administration)

2. Independent Agencies

3. Government Corporations

4. Independent Regulatory Commission

the federal government either directly provides, or works with states and the provate sector to provide many services (i.e. medicare, medicaid, Social Security)

1. termination/elimination of programs or agencies

2. devolution

3. privatization

- Managerial Presidency

- Difficuly to displace agency cultures; civil servants cannot be fired without cause

- Congressional Oversight

- Presidents have vast authority over budgeting which gives them a lot of power over the Bureaucracy

- Nominate top officials in every department

- Have tremendous influence over the policies agencies propose and follow

Committees are expected to oversee the executive branch agencies in their purview

• - offen partisan
• - can be effective in bringing issues to the public's attention

• - Not mentioned in the Constitution
• - Powers divided from state law
• - Some (i.e. NV) hire a professional administer to handle day to day responsibilities

- usually includes law enforcement; administering state laws on health, marriage, divorce, child custody, and property

- in some states, this means that a local government does not have to have 3 seperate branches

• Commission or Council
• - usually elected from geographic districts
• - fulfills both legislative and executive branches

• Commission/Council with an Executive
• - in cities, the executive is called a "mayor" & in counties, they're called the "county executive"
• - commission/council play the legislative role, executive plays the executive role

• by law, all must have a Board of County Commissioners, each represents a geographic district
• Clark County's Board has 7 members

- Municipal (cities)

- Cities in NV may choose their own government structure:

most common: City Council and seperately elected mayor

- Fire, police, library, school, etc...

- 17 NV school districts

- State higher eduction institutions government by NV System of Higher Education (NSHE): 13-member elected Board of Regents

Governed by:

• - elected school board
• - School Board hired Superintendent

Established district policies on attendence, curriculum, etc...

- interpret and apply Constitution(s) and laws to resolve disputes by hearing facts on both sides

- obligated to maintain neutrality and impartiality in deciding disputes

- have authority over everyone in the United States as well as the US governments: governments are judged by the same laws as citizens

- "Cases and Controversies": there must be an actual dispute, not a hypothetical one

- Standing: a party must have standing to sue by being a steakholder in the outcome

- Mootness: a criterion used to dismiss cases that no longer require a resolution

• - Government is always the plaintiff
• - Defendant cannot be forced to testify
• - Standard: guilty beyond a reasonable doubt
• - Penalties: fines, public service, imprisonment, probation, execution

1. Decide whether to charge an offense and which offense to charge

2. Have largely unreviewable discretion

3. Can negotiate plea bargain with lawyers for the defendant (90% of cases are settled this way)

• - Plaintiff is the party that allegedly has been legally wronged
• - Defendant can be forced to testify
• - Standard: preponderance of evidence
• - Penalties: typically monetary

1. Judge

2. Clerk

3. Witness

4. Plaintiff

5. Defendant

6. Defense Attorney

7. Prosecuting Attorney

8. Jury

Ensures trial is conducted in orderly manner according to the prescribed rules and laws

Responsible for maintaining accurate permanent records of proceedings and exhibits

gives testimony concerning issue being tried

individuals selected to decide defendant's guilt or innocence based on facts presented

Court that applies the law to the facts of a given case

• - 1st court to hear a crminal or civil case
• - Facts of the case are introduced
• - Judges and juries make sense of how the facts relate to the law
• - also called the court of original jurisdiction

court that examines whether the law has been applied correctly in a trial court case

- new facts cannot be introduced

- the court of last resort

- has final interpretation over the Constitution and statutory law, be it state or federal

- court that handles cases concerning state laws

- cases can be appealed into the federal system if there has been a violation of the U.S. Constitution

- Court that handles cases concerning federal laws

- cases between states

- U.S. Constitution

original jurisdiction for cases that involve federal laws, treaties with another nation, or U.S. Constitution

- hear approximately 20% of district court cases

- decisions made by these multi-judge courts are final, except for those cases selected for Supreme Court review

- between federal government and one of 50 states

- between 2 or more states

- involving foreign ambassadors or other ministries

- one state against citizens of another state or against a foreign country

- all federal cases

- State cases if appeal is based on federal law or U.S. Constitution

- 9 Justices

Chief Justice and 8 Associate Justices

- All judges have equal say and each has one vote

• 1. Senatorial courtesy
• 2. Pesident formally nominates individual

3. Interest groups opposing nomination mobilize media, public, and Senate against it

4. Senate Judiciary hearing

5. Vote in full Senate

- No formal qualifications for service as a federal judge

• - Presidents generally appoint those:
• - w/ legal experience, usually as a judge
• - of good character
• - w/ ideological and partisan views similar to their own

Also taken into consideration:

• - Party
• - Race
• - Gender
• - Judicial Philosophy

Decision by at least 4 out of 9 Justices to review a decision of a lower court

outlines why a person feels they deserve to be heard by the Supreme Court

Most likely granted when:

• - an important civil right or civil libery is at stake
• - appellate courts have ruled differently on the same law, and it needs to be applied universally
• - the federal government is filing the appeal

Only about 1% of all cases seeking Supreme Court review are heard by Court (+/- cases)

1. Writ of Certiorari

2. Briefs from both sides

3. (Amicus Curiae briefs - support claims of one or other litigant)

4. Oral arguments

5. the Conference

6. Drafting of Opinions

7. Circulation and modifying of drafts

8. Case is remanded (sent back) to lower court

9. Opinion(s) including vote released to public

- the Court meets 3 times per week when in session

- each side gets a half hour, with numerous interruptions from the justices

- sometimes several different attorneys will address different aspects of the argument

- justices meet by themselves on Wednesdays and Fridays when in session

- Hold an initial vote

- Chief Justice or most senior justice will assign a justice to write the majority opinion

- opinion of the court (will set a precedent for future cases)

- (Dissenting opinion)

- (Concurrent opinion)

written by a justice when they agree with majority, but disagree with the rationale

a case needs 4 of 9 judges to vote "yes" in order to be heard

each has it own judicial system

sole jurisdiction on all cases not within judicial power granted to the federal system by the Constitution:

- primarily own state constitution and state laws

Most litigation in these courts

• - 7 Justices
• - 6 yr term, nonpartisan elections
• - original and appellate jurisdiction
• - sit in panels of 3 usually
• - all 7 sit "en banc"
• - Do not hear evidence, witnesses, or testimony

9 districts w/ 2 - 30 judges each

judges chosen in nonpartisan elections, 6 yr terms

single-judge courts ... w/ or w/o jury

Justice Courts

Municipal Courts

• - original jurisdiction only
• - Traffic cases and violations of city ordinances
• - judges elected or council appointments

- Original jurisdiction only

- hear minor criminal and civil matters

• - judges are "justices of the peace"
• - nonpartisan elections, 6 yr terms

- Democratic governments should reflect the will of the people

- Average citizens do not always have informed opinions about every issue, and thus are open to influence

• - Liberalism (Domestic)
• - Liberalism (Foreign Affairs)
• - Conservatism (Domestic)
• - Conservatism (Foreign Affairs)

- Government involvement in economy to protect workers

- Expansion of social services

- Efforts on behalf of the poor, minorities, women, consumers, and the environment

- Rights for the accused

- Separation of church and state

- Favor arms control

- Opposition to expansion of nuclear weapons

- Support aid to poor nations

- Opposition to the use of American troops to influence the domestic affairs of developing countries

- support for international organizations

- Opposed to social and economic engineering such as wealth redistribution and affirmative action

- Favor light regulation of business, low taxation, traditional family structures, school prayer

- Concern for victims of crimes over perpetrators

- Support for military power

- Distrust of entanglements with inernational organizations

- Poorer countries must bring themselves up through market-based reforms

- stress certain issues and not others

- Influence how departments depict issues

• - Use the "Bully Pulpit"
• - "rally around the flag" effect

- Many groups have a very wide reach into society, especially churches

- Groups can also often employ their specialists to deploy specific knowledge effectively

- Groups are also well-postitioned to feed the media and can often reach like-minded individuals easily

- Are very effective at telling Americans what issues are important

- Can, at times, frame what it means for a politician to be successful

- Can sometimes also shape how people understand the meaning of the conflict