Answer questions
Final Review
The Bureaucracy background
1. Corporations U.S. post a service FDIC- Amtrak
2. Appointments budgets
Departments of gov’t 15 department
Justice - lawyers
Interior - Public Lands
Housing
Health/Human Services
Agr culture
Transportation
3. Independent regulatory agencies
SEC -- the stock market
FTC -- advertising
FDA --Drugs
EPA -- water/air pollutions
4. Private enterprise
1. Few unions
2. Salary negotiable
3. At will firing
4. Decentralized authority
Bureaucracy
1. Union Protections
2. Salary schedule - seniority/degrees
3. Firing with cause due process -
4. Hierarchy of authority
Outsourcing - Conservative ideology
5. Pres
Bureaucracy
Employees civil servants- laws - congress for the agency - follow the regulations
Regulations must be followed by civil servants
The forces of low - detail instructions on how to manage the Debt
The protections that they have Pendleton Act of 1883 - established our civil service system = merit system - you must be a competent
Old system - patronage system = if you helped politicians you automatically get a job
1979 - merit systems protection Board
6. Regulatory agencies = regulate social programs + the economy
Regulations = they pass regulations, they serve as courts
EX: A. Federal Elections comm - pass thousands of regulations regarding campaign practices finance
B. hearing - civil penalties
7. Pres
Bureaucracy
appointment power control over of the budget executive orders
to enforce the law
8. Implementation
The way the agency addresses areas of concern with their authority
Food Drug Admin - make sure medications are safe
1. Doctors / Scientists
2. Conduct research
3. Determine side effect
4. When to approve a medicine congress gives the agencies authority to pass regulations = implementation
9. Congress - the budget
bureaucracy
establishes the agencies through laws give the agencies a scope of authority to the agencies
96. Administrative Discretion
· The scope of authority can be broad or narrow
· How much authority Congress gives to the agency
1. Intelligence agencies FBI, CIA, NSA, Secrecy
2. Highly technical - broad administration distractions
Inferior Fed courts
U.S District courts = trial 94 fed districts fed laws
Circuit court to appeals 12 regional courts - 9th circuit cases on appeal
Trial - unfair due process rights violated by Judge or attorneys
- facts are settled
- laws rather than facts
- lost here - US Supreme court
1. Injured party
2. Fed law violation
3. Trial appellate process
4. Supreme court doesn’t have to hear your case
8000 thousand petitions
70 - 80 cases --- hearing granted
11. A- lawyers --- submit is granted a petition for hearing
B- submit briefs --- 500 pages + documents
--- other party submits 400 pages
C- rules of 4 = 40 vt+of 9 judges will hear the case
12. Stare Decisis
1. Arguments are based on cases already decided
2. Judges review the important + case from the past = precedents
3. They write on options in the US reports --- about which way they rule
13. Favorable ruling
1. 5 out of judges to agree in favor of one of the parties
2. Write the options which go into the reports
3. You write dissenting opinion
Appointment power
President --- appointment power
Senate approves the nomination
Majority votes for confirmation
Civil liberties
-- Negative freedoms government back’s away = promises not to interfere
-- A constitutional involves
-- A government body = relationship
Government - you
Bill of rights
1st 10 amendments
1791 --- rights applied to fed laws only
1. Rights to free speech
2. Right to petition for grievances
3. Free exercise of religion
4. Establishment clause --- prohibits the state from establishing a church
5. Free press
2d beam's
3rd quartering of troop
5th pretrial its trial its
6th post-trial its
Courts bill of rights
16. Selective incorporation
They adopted the 14th amendment - 1868
No state shall deny persons life, liberty or property without due process
b. Does this clause mean the something as the bill of rights?
c. The courts stated the 14th amendment is Not the same as the bill of rights
d. The states do not have to follow the bill of rights
e. Change starting in 1925 - gif low case - freedom of speech should be respected by the states the first amendment by the states applied to the states
17. 14th amendment, due process clause requires the states to honor the bill of rights
Cnll Rights
1. Positive rights - the gov’t must do something to protect these rights
2. Anti discrimination provisions and lows
3. Fair housing, employment, public accommodations(restaurants)
Affirmation actions-giving minorities compensation to compete,
Disability = 1990 Disability Act Sexual discrimination, age
· Civil rights = gov’t does something to prevent these types of dis
· Civil liberties - the gov’t will not remove rights as bitrarily
19. Civil Rights Act of 1964 (Fair Housing Act of 1968)
1. Katzenbach V.Mcclung states that the interstate comm clause allows, cong to reg discrimination in private business
2. A. NO disc in employment
B. NO disc in businesses
C. Creation of the EEOC
D. Fed Funds (grants) are denied to institutions that discriminate
20. A. Protected groups - No disc as to race color creed national, age disability, gender(sex)
B. Protected groups can use the EEOC - they can sue under the Civil Rights
C. They don’t an attorney, they will be defended by the gov’t
21. Slavery was abolished 13th in 1865 under the 13th amend
14th - Prohibited disc under the “equal protection provision” of the 14th amend
NO Shares Shall deny person’s equal protection under the law = No states can discriminate under their laws
The court's - federalism, we have states rights
Consequences = No voting rights, 1880’s - 1960’s
No rights to employment
Can’t leave plantations, guns
Can’t meet/organize, segregation
Plessy vs Ferguson 1894
a. Define “equal protection clause”
b. Equal protection means
c. Homer Plessy = passenger truck case
22. Brown v Bd of Education Supreme court in 1954
· 10 yrs to find the perfect
· NAACP - attorneys handled the case
· School segregation
· Staff textbooks curriculum facilities(all whites)
· - Staff textbooks curriculum facilities(School for minorities)
Ruling - segregation in schools produces a sense of interiority
Overrule (reverse) Plessy - “Segregation” practices are inherently unequal
Equal protection means that segregation practices will be considered throughout the US
Class action - applies to all public schools through the U.S.
Produced = dejure integration didn’t produce defacto integration 10 yrs
Public Policy - Reform soc sec
-How much taxes
-Health care
Four stages of policy making
1. Recognition of a problem 2. Congress proposes bills to address
Immigration interest Groups
press
public opinion polls
Nature of the problem
3. Adoption of a bill becomes law (implementation) 4. Program reviews
Interest groups regulations
manage the law
24. Why is policy making so difficult
Ex. Think tank- soc security reform analysis
The rational process its NOT the political process
Influences from the political process
1. Local district objects
2. Interest group contributions
3. Public opinion
4. Cavcas/conferences
Porty influences