THE BUREAUCRACY

Question Answer
bureaucracy large organization that is structured hierarchically to carry our a specific function
three models of bureaucracy Weberian, acquisitive, and monopolistic
Weberian model max webner, power flows from top to bottom
acquisitive model views top level bureaucrats as seeking constantly to expand size of budgets and the staffs of their departments or agencies so as to gain greater power and influence in the public sector
monopolistic model compares bureaucracies to monopolistic business firm
administrative agencies federal, state, or local gov unit established to perform a specific function
How many government employees constitute federal bureaucracy? approximately 2.7 million
4 types of bureaucratic structures cabinet, independent executive agencies, independent regulatory agencies, and government corporations
cabinet major service organizations of the federal gov. (called line organizations; directly accountable to president)
independent executive agencies not part of cabinet but report directly to president
independent regulatory agencies agencies outside major executive departments charged with making and implementing rules and regulations to protect the public interest (ex. federal reserve)
government corporations agencies of gov. that administer a quasi- business enterprise used when activities are primarily commercial (US post office)
political appointees offers president a way to pay off political debt. average term is less than 2 years
spoils system awarding of government jobs to political supporters and friends. (Andrew Jackson)
Merit system selection, retention, and promotion of government employees on the basis of competitive examinations
Pendleton act law regulating federal employment personnel policies to use the merit systems
civil service commissions initial central personnel agency of national government; created in 1883 by Pendleton act
civil service reform act of 1978 abolished civil service commissions and created 2 new federal agencies
hatch act (political activities act) prohibits use of federal authority to influence nominations to pressure federal employees from active involvement in campaigns
sunshine act requires multiheaded federal agencies to conduct their business in public session
sunset legislation requires that program be reviewed regularly for effectiveness and be terminated unless specifically extended as a result of review
privatization replacement of government services with devices provided by private firms
whistle-blowers someone who brings public attention to government inefficiency or illegal action
whistle-blower protection act protect those who turn in government agencies
enabling legislation authorizes creation of an administrative agency, specifies the name, purpose, composition, functions, and powers of agency being created
Iron triangle 3-way alliance among legislators, bureaucrats, and interest groups to make and keep policies that benefit their respective interest
issue network group of people or organizations which can consist of legislator or legislative staff members that support a particular policy position on given issue
oversight function used to investigate bureaucracies
congressional review act act that created special procedures that can be used to express congressional disproval of particular agency actions
common law judge made law, originated in England from decisions shaped according to prevailing customs
precedent court ruling being on subsequent legal decisions in similar cases. judges rely on this for deciding cases
Stare Decisis judicial policy of following precedents established by past decisions; latin phrase which means to stand on decided cases
statutes laws passed by legislature. cover anything related to federal government
case law law caused by Supreme Court decision
federal court system dual court system; state and federal
jurisdiction authority of court to decide cases
federal question question that pertains to US constitution, acts of congress, or treaties
diversity of citizenship lawsuit that involves citizens of different states
litigate to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit
Amicus Curiae brief brief filed by court by someone who is not party to the case
class action suit lawsuit filed by individual seeking damages for "all persons similarly situated"
procedural rules protect the rights and interests of the parties
when does the annual term of the Supreme Court begin and end? begins the first Monday in October, and ends in late June or early july
the solicitor general high ranking presidential appointee within the justice department. he/she represents the national government in the Supreme Court and promotes presidential policies In the federal courts
writ of certiorari order issued by higher court for a lower court to send up the record of a case for review. it is the principle vehicle for the United States Supreme Court review
rule of four US Supreme Court procedure requiring four affirmative votes to hear the case before the full court
opinion statement by a judge or a court of the decision reached in a case tried or argued before it
unanimous opinion all judges agree
majority opinion court opinion reflecting the views of the majority of the judges
concurring opinion separate opinion by a judge who supports the majority's decision but wants to clarify a point or voice disapproval of the grounds on which the decision was made
dissenting opinion
federal district court judgeship nominations appointments originate with a senator from the presidents political party from the state which there is a vacancy
senatorial courtesy a senate tradition allowing a senator of the presidents political party to veto a judicial appointment in his or her state by simply indication that the appointment. in personally not acceptable
federal court of appeals appointments the president uses a list given to them by the circuit judge nomination g commission to select a potential candidate
judicial activism doctrine stating that the Supreme Court should take an active role infusing its powers to check the activities of congress, state legislatures and the administrative agencies when those bodies exceed their authority (associated with liberalism)
judicial restraint doctrine stating that the Supreme Court should defer the decisions made by the elected representatives of the people in the legislative and executive branches (associated with conservatism)
executive checks the Supreme Court does not have any enforcement powers, whether a decision will be implemented depends on the cooperation of the other two branches of gov.
legislative checks funding comes from congress, court rulings can be overturned by constitution amendments (14,15, and 26) congress can rewrite old laws or enact new ones to overturn court rulings

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