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Chp-9--- The Federal Bureaucracy--- The Differences between in and

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Chp-9--- The Federal Bureaucracy--- The Differences between in and Powered By Docstoc
					       1 Chp-14 -- THE JUDICIARY -- THE BALANCING BRANCH---
                        THE SUPREME COURT-


•   The Scope of judicial Power

•   the Federal Judicial System

•   The Politics of Appointing Federal Judges.

•   The Supreme Court and How it Operates.

•   Judicial Power in a Constitutional Democracy
•    Types of Law.
                2   Chp14---THE SCOPE OF JUDICIAL POWER



•   Judicial Review---- The power of a court to refuse to enforce a law or
    government regulation that in the opinion of the judges conflicts with the U.S.
    Constitution or, in a State Court, the State Constitution. ( The Supreme Court
    Interprets the Constitution)
•   Adversary System----- Judicial System in which the court of law is a neutral
    arena where two parties argue their differences.
•   Class Action suit---- Lawsuit brought by an individual or a group of people on
    behalf of all those similarly situated. (same Problems)
•   Defendant ---- The person or party accused of an offense
•   Plea Bargain----- Agreement between a prosecutor and a defendant that the
    defendant will plead guilty to a lesser offense to avoid having to stand trial for
    a more serious offense.
                    3     Ch 14 -ss-- THE TYPES OF LAW--



•   Common Law----- Judge made Law.
•   Statutory Law---- a Law created in the Legislature of State or National
    Origin.
•   Equity Law----- A Law used whenever common law remedies are
    inadequate.
•   Constitutional Law--- Statements interpreting the U.S. Constitution that have
    been given Supreme Court Approval.
•   Administrative Law-- --- Law relatilng to the suthority and procedures of
    administrative agencies as well as to the rules and regulations issued by those
    agencies.
•   Criminal Law--- Law that defines crimes aainst the public order and provides
    for punishment.
•   Civil Law---Law that governs the relations between individuals and difines
    their legal rights.
   4 Chp 14sss---The Agency/ Committee/Interested Group--Triangle----- A
  bureaucratic power is the close three-way relationship among members of the
  executive agency administering a program, the congressional committees and
 subcommittees that appropriate money to it and oversee its operations, and the
  special-interest groups affected by the agency’s activities. These relationships
  have been described as ― Sub-governments‖ or ―Iron Triangles‖ which handle
                   much of the detailed business of government.
• Delegation of Power by Congress---Allows bureaucratic Power--Until the
   early twentieth century, Congress dominated the federal government. Not
   only did it make the laws but it also controlled how they were carried out.
   This was possible in an earlier, simpler time, before the government grew into
   the vas, complex organization it is today. Congress now has great difficulty
   dealing with all the matters in which the government is involved. Beginning in
   the late nineteenth century, reformers called for an end to
   legislative‖meddling‖ with the affairs of the Executive branch. As a result of
   these forces, Congress delegated broad powers to the Executive branch of
   government and the independent regulatory commissions. Congress passes
   Legislation initiated by the agencies themselves, on the theory the the agency
   knows more about a particular subject than the legislature does. Congress also
   frequently writes laws in a way that gives agencies the authority to create rules
   designed to interpret and apply the law’s general provisions. These ―Rules‖
   have the same force as congressional laws. There now exists a large and
   growing body of agency rules, known as ―Administrative Law‖ that has been
   created by the administrative agencies rather than by Congress.
5 Chp 14 --The Executive Departments, --- The basic units of 15 executive or
 cabinet Departments,are State, Treasury, Defense, Justice, Interior, Agriculture,
Commerce, Labor, health and Human Services, Housing and Urban Development,
  Transportation, Energy, Education, and Veterans Affairs. Homeland Security.

•   Departments are divided into Bureaus--.----Agencies-- are separate from the
    cabinet departments but are still; under upper-level executive control. The
    major officials of the forty or so federal agencies are also appointed by the
    president with the advice and consent of the Senate and can be removed by the
    president at will.
•   Staff Agencies--The Cabinet -- is made up of the heads of the fourteen
    executive departments plus other officials and ambassador to the United
    Nations.--The Executive Office of the President--- created in 1939 after a
    committee formed to study the administrative role of the president came to the
    conclusion the ― the President needs help‖.---The White House Office--
    includes a large number of clerical workers and the president’s personal staff.-
    --The Office of Management and Budget---the most important unit within the
    Executive Office,, the (OMB) The OMB reviews budgets and legislative
    proposals and uses this information to prepare the president’s annual budget
    proposals.--The Council of Economic Advisers---reviews the state of the
    economy and advises the presidents on ways of dealing with unemployment,
    inflation, or slow economic growth.--
6 Ch- 14 ss-- Who Leads The Bureaucracy the White House Office, The Office
 of Management and Budgeted, the Council of Economic Advisers, the National
  Security Council, and several small units. Senior Executive Service -- Work
          closely with Presidential appointees to manage government.

•   The White House Office-- The Presidents rely on assistants for advice and
    services. Presidents appoint a variety of assistants for domestic, international,
    economic, and managerial affairs. There are speechwriters, legal advisers,
    liaison officers to deal with Congress, and a Press secretary who meets with
    the news media.
•   Office of Management and Budget-- this office reviews the budgets and
    legislative proposals of all the federal departments and agencies. It is almost as
    important as the White House Office in shaping and implementing the
    president’s policies. It is suppose to be a neutral administrative agency,
    although it is serving as a control on the bureaucracy.
•   The Council of Economic Advisers. -- reviews the state of the economy and
    advise the president on ways of dealing with such problems, as
    unemployment, inflation, or slow economic growth. the council prepares the
    annual Economic Report of the president and recommends adjustment in
    government spending and taxation.
•   Office of Personnel Management (OPM) --controls civil service Employees
7 Chp 14 ssss- The National Security Agemcy--- created for national security. it
 coordinates domestic, foreign, and military policies, drawing on experts in the
 military and civilian bureaucracies. The Agency consists of the president, the
Vice-president, the secretaries of state and defense, a member of the White House
   staff (who serves as its director, of the Office of Emergency Preparedness.
•   Working For Government--------- Size-- of the government.In carrying out
    policies and programs the bureaucracy has a great deal of power. It stems from
    several sources, one is it size alone. The bureaucracy is in charge of
    administering federal spending, . It is difficult, to control the 3.1 million
    federal employees. Even the president, who is at the head of the federal
    bureaucracy, cannot be sure that his directives will be carried out.
•   Expertise-- another source of bureaucratic power. A feature of bureaucracy is
    specialization or division of labor. Agencies that specialize in major areas as
    agriculture or commerce, and within each unit of the government there are
    subunits that are even more specialized. Each of which employ experts in it’s
    field of service.
    8 Chp 14 cs--Regulating the Civil Service---The revised Hatch Act still bars
            federal officials from running as candidates in elections


•     The role of Government Employee Unions----Since 1962 federal employees
      have had the right to form unions or associations that represent them in
      seeking to improve government personnel policies, .

•     The Bureaucracy’s Job---Implementation-- process of putting a law into
      practice.

•     Administrative Discretion--- Authority by congress to the federal bureaucracy
      to use judgment in implementing the laws.
•     Regulations--- are instructions that government issues for laws.
•     Powers of Congress-- to control the bureaucracy--- Congress has lawmaking
      powers that serve to set limits on what the bureaucracy can do. to appropriate
      money the basic control. To reduce an agency’s budget, limits its ability to
      function.Congress has the power to delegate to executive agencies and
      independent commissions specific authority to regulate and administer
      Programs.
     9 Chp 14css---Powers of Congress—Control– the Freedom
     of Information Act of 1966– Congress enacted a low requires
      them to open their files to any person who requests specific
Documents. The purpose of the Freedom of Information Act is to make
 available to public scrutiny the decision making processes of federal
                                agencies—
       Spending Money, Bureaucracy --- Most spending goes to
  Uncontrollable Spending -- Budget is spent on programs as social
              security. Programs unwilling to be cut by. --
 Entitlements---Programs as unemployment insurance, disaster relief.
                          Disability payments.
        Indexing--- Providing automatic increases for inflation.
 10 Chp 14 .Holding Bureaucracy Accountable---- Legislative
 Oversight- control of bureaucracy- Term means ―supervision‖
 not failure to notice of bureaucratic activities, a Constitutional
                        power of Congress.
  Judicial Review—The federal courts have the ultimate power
  to control the decisions and actions of executive agencies and
             the independent regulatory commissions.
    Accountability to the President- Powers of Appointment,-
                   Reorganization and budgeting.
     Accountability to Congress- Control on Bureaucracy by
      congress, establishing agencies, formulating budgets,
     appropriating funds, confirming personnel, new program
 Regulations,.. . Whistle-Blowers- Employees who report waste
                             & fraud .
   . Other restraints– News Media influence and reflect public
      opinion. Officials pay attention to views in Media.—
.Deregulation– in Banking, Transportation, & Communications.
11 Chp 14 terms--Bureaucracy-- a way of organizing people to achieve a specific
  goal, to get work done., a bureaucracy is efficient and effective, but there is a
continual struggle for power over the federal Bureaucracy and that struggle causes
                    problems of red tape and unresponsiveness.

•   -Staff Agencies-, execute policies nor provide services. instead, they gather
    information and make it available to the Chief Executive Officer whenever it
    is needed.----Executive Departments ---there are fourteen of these, State,
    Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health
    and Human Services, Housing and Urban development, Transportation,
    Energy, Education, land Veterans Affairs.--------Bureaus,--, departments are
    divided into bureaus, like departments they differ in their functions, they may
    be organized according to whom they serve, what they do or for the
    geographic area they serve.----Field Services,--are sub-units for specialized
    tasks.---Civil Service --, Civilian employees of the Federal Government..----
    Spoils System --, bringing in people from many parts of the country into
    government with many different backgrounds, rewarding loyal supporters.----
    Merit System,-- the use of standardized written tests, for hiring.----Oversight-,-
    means ―supervision‖ not ―failure to notice‖
    12 Chp 14 trmss--THE PROBLEM OF SELF-REGULATION---Career
 administrtors know when a program is not operation properly and what action to
       take. Thy find to change anything stops the system in doing its job.


Bureaucracy is still the most effective and efficient way to get work done.

The bureaucracy uses regulations or spending to implement laws. The Rul-
   making process is governed by the Administration Procedure Act, while the
   spending process is governed by the federal Budget .

				
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