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a relatively stable, purposive course of action or inaction followed by an actor or set of actors in dealing with a problem or matter of concern |
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those produced by government officials and agencies |
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how government is organized, including procedures |
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allocation of services or benefits |
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Regulatory (and self-regulatory) |
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impose restrictions or limitations on behavior |
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shift allocation of wealth, income, property, etc. |
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tangible resources or substantive power |
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little material impact → people’s cherished values |
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if they are provided for one, they are provided for all |
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may be broken into units and purchased |
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1. Problem identification and agenda setting 2. Formulation 3. Adoption 4. Implementation 5. Evaluation |
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political culture and economic conditions |
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widely held values, beliefs, and attitudes on what governments should try to do, how they should operate, and relationships between the citizen and government |
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governments are constrained by resources, and economic conditions can create demands for policy |
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Legislatures Identify problems, design public policies Executives Provide leadership, carry out laws (administrative agencies) Courts Uphold laws, judicial review |
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The non-governmental players |
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Interest groups/lobbyists Identify problems, design policies, advocate policies Political parties Contest elections, organize platforms Research organizations Identify problems, design policies, advocate policies Media Supply information, frame issues, influence citizens Citizens Vote, wield indirect influence, and do all of the above |
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How does it get on the agenda? |
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Problems → Issue → Systemic agenda, policy entrepreneurs, or mandatory items → institutional agenda |
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the problems that public officials feel obligated to pay attention to and act on |
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Three ways to get to the institutional agenda |
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Mandatory items Policy entrepreneur Systemic agenda |
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problems that public officials are required or expected to handle |
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politicians, interest groups, and citizens who advocate issues |
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issues people are talking and worrying about |
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how do you convince people of a problem? |
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Problem affects a lot of people Problem is severe Problem is simple and memorable Can be measured Problem is tangible The causes of the problem are known Individuals can’t solve the problem A policy solution for the problem exists |
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To make it systemic or policy entrepreneur: |
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Keep incentives in mind (reputations, re-election, and good policy) The public: keep in mind that issues go through attention cycles |
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Anthony Downs: the Issue-Attention cycle |
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1. Pre-problem stage 2. Alarmed discovery and euphoric enthusiasm 3. Realization of the cost of significant progress 4. Gradual decline in the intensity of public interest 5. Post-problem stage |
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How to convert to the institutional agenda: |
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On systemic agenda Policy entrepreneurs are ready to advocate Political conditions are favorable Research and policy proposals should be ready before the window of opportunity Powerful interests feel threatened An abrupt crisis Protest activity Media coverage |
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The Family and Medical Leave Act |
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Problem: 1984, CA court struck down maternal leave law Agenda-setting: women’s groups are outraged |
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What is policy formulation? |
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“Developing pertinent and acceptable proposed course of action…for dealing with public problems.” |
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Problems with Policy formulation |
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Technical challenges Laws are written in their own language Solutions: hire lawyers, borrow language Laws contain loopholes Solution: staff, industry experts, revision Strategic challenges Policies have to be formulated in a way that will make them likely to be adopted When formulating policies, we must use backwards induction: we must start by considering what would pass in the end |
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How to endure policy adoption |
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Stick with it Focus on the institutional actors who are most important Know the tools that are available to you and your allies Bargaining: negotiation, trade Pervasion: marshaling ideas and arguments Command: ability to make binding decisions Understand how political actors make decisions Constituency Ideology: system of beliefs about the world Authority: experts, friends, party leaders |
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the thing people are talking about |
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“What is done to carry into affect adopted policies.” |
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Why is budgeting important? |
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Distributive/redistributive about flow of money Many constituent/regulatory policies can be voided or watered down via the budget |
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direct or mandatory: entitlement programs, interest on debt, statutory spending |
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Budget and Accounting Act of 1921 |
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Required the president to prepare an annual budget and submit it to Congress Created the Office of Management and Budget (OMB) to assist the President Created the Government Accountability Office (GAO) to assist Congress in auditing expenditures |
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Preparation, authorization, execution, audit |
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Agencies develop budgets Agencies send budgets to OMB President makes the final decision Documents are sent to Congress |
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Budget is divided into 12 bills 12 subcommittees of the House Appropriations Committee review the budget, hold hearings, and make recommendations These recommendations are almost always adopted by the committee then by the House The Senate take the budget and focuses on holding hearings on “items in dispute” A joint Conference Committee resolves differences The President can sign or veto Can’t line-item veto→ Yes or No |
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Appropriations (authorizations) become outlays (or expenditures) Presidents have sometimes tried to impound (withhold) funds, but impoundments have usually been overturned by the courts |
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Congress seldom deviates much from the President’s budget |
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Definition
Budgeting is usually incremental, that is, decision focus on small changes from the previous year’s budget
Because budgets are passed as large, omnibus bills It’s easy to sneak things in that wouldn’t pass by themselves Because it’s easier to give than to take away The budget has been growing and growing |
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Over 100 agencies of various kinds |
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Definition
Employ about 2.8 million people Executive Branch is organized into 15 executive departments with sub branches Independent regulatory commissions Federal Reserve, Postal Service, NASA |
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Discuss the actors who influence implementation |
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Official actors Legislatures Courts Executives Hold hearings Write clearly-worded legislation Hammer-clauses → forces people to do things (Senate) extract promises from appointees (President) fire people Unofficial Actors Interest groups Political parties The mass media Citizens Lobby agency officials Engage in agency-run adjudication File a law suit Street-level bureaucrats “the individuals who carry out and enforce the actions required by laws and public policies” police officers |
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how to survive implementation |
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Know your audience Agencies differ vastly in ideology, ability, and openness Different internal organizations Respect your audience Sometimes laws are vague Agencies have wide discretion Get in the game early The most consequential decisions are often made immediately after new legislation is passed or an agency is created Throw a fit if you have to Most agencies are controlled by the legislature and executive agencies All agencies can be sued for failing to faithfully execute the law All agencies care about their reputations Don’t give up |
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What is program evaluation? |
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a systemic study to asses how well a public program is working |
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Describe how laws are implemented Measure performance Estimate impact Asses efficiency and cost Compare benefits to cost |
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Who evaluates/uses evaluations? |
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General public Politicians Congressional/White House staff Congressional committees GAO/OMB/CBO/CRS Public agencies Interest groups Government contractors/private researchers |
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The evaluation process: 5 steps |
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Clarify programs’ goals and strategies/Define program and structure Develop evaluation questions Process evaluations Outcome evaluations Net impact evaluation Benefit-cost evaluation Develop evaluation design Collect information about programs and the environment Analyze information |
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Forms of Congressional evaluation |
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Constituent service/evaluation Member/staff activities Committee staff reports, hearings, and bill markups GAO/CBO/CRS reports Agency reports Lobbying |
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GAO, “The Congressional Watchdog” |
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Definition
$45 billion saved $500 budget 80% recommendations are implemented 3,200 full-time employees |
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Some policy outcomes affect the policy making process itself |
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How does policy feedback work? |
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Resources/incentives are created for interest groups Give groups resources to mobilize (money or power) Alter government’s capacity Create resources and incentives for citizens Shape what policy makers know Shape what citizens know |
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Resources/incentives are created for interest groups |
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Incentives mobilize groups to want more Medicare and the AARP Can create counter-mobilizations Bush tax cuts Give groups resources to mobilize (money or power) Labor unions in Wisconsin |
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Alter government’s capacity |
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Future prospects for policy implementation are improved More expenditure increases revenue, which is a cycle Increase bureaucracy |
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Create resources and incentives for citizens |
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They can affect major life choices → lock in a particular path of policy development Ex. Highways and suburban sprawl |
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Shape what policy makers know |
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Awareness of problems higher Knowledge of alternatives Ex. Budget, the poor laws |
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Some policies generate a lot of attention (NASA) Some policies are essentially invisible (tax subsidies) Some policies are traceable to their sources (tariffs) Some policies are not traceable (food prices) Some policies affect citizens’ political engagement (Motor Voter; GI Bill) |
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Discuss how to survive policy feedback |
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How will the policy affect interest groups? Do I want them to be strong/weak? How will the policy affect administrative capacity? How will the policy affect citizens who make “locked-in” choices? Will this affect policy changes in the future? Other possibilities? Easier/more difficult for citizens to hold government accountable? Policy-making is never really over |
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Congress is more unpopular now |
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than it ever was before since Gallup began surveying in 1954 |
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49 bicameral, 1 unicameral (49 to 424 members) |
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(3,033), cities (>18,000), special districts (>14,000 school districts) |
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Federal→2.5 trillion, State → 1 trillion, Cities → 1.5 trillion |
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Congress: Powers Enumerated |
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Raise revenues, regulate interstate and foreign commerce, coin/borrow money, declare war, impeach (House) and remove (Senate) public officials, approve treaties and appointees (Senate), propose amendments to the Constitution |
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Implied Congressional powers |
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Implied: Necessary and proper clause Article 1, Section 8, Clause 18 • Anything necessary/proper to execute its powers Commerce Clause Article 1, Section 8, Clause 3 Regulate commerce with foreign nations, among the several states, and the Indian tribes |
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without the majority party leadership the support of committee leaders to pass stuff |
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20 standing committees in each chamber |
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Approximately 20 for representatives, 40 for senators Chief aide, press secretary, legislative assistants, correspondents, case workers Staff members often stand in for members of Congress |
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Typically in 3,000-4,000 range in the Senate 600-700 votes in the Senate their workload has never been higher than it is now |
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Congress: legislative process |
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Introduction Referral Committee Action (hearings, markup) Report Scheduling Floor Debate Passage (in both chambers) |
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Constrain behavior, won’t risk re-election Legislator/constituency attitudes are correlated Direct/anticipated Independent consequences: advertising, credit-claiming, and position-taking Collective consequences: delay, symbolism, provincialism, and clientelism |
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Help solve collective action problems Coordinate a single platform |
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Allows legislators to specialize Pursue: good public policy, prestige within congress, prestige with constituency |
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Lobbyists don’t buy votes Counteractive lobbying Interest groups lobby their would-be opponents and demobilize/counteract them → not vote for you, just prevent them from stopping you Buying time Educate/mobilize your supporters |
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Executives provide an important check against the legislatures and courts |
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Represent constituent interests (unlike courts) Represent the entire constituency (unlike legislatures) |
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Presidential enumerated powers |
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Command of the military Issuing pardons Making treaties (with the Senate) Appointing executive officials (with the Senate) Making recommendations to Congress Supervising the execution of laws Vetoing new legislation |
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other presidential powers |
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Executive privilege: the ability to withhold information from the public in matters of national security The Bully pulpit: the ability to elevate any issue onto the national political agenda |
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The President and Congress |
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The threat of a veto (or an override) Persuasion and bargaining Proclamations and executive orders Signing statements
Less than 1% of federal employees can be fired by the President |
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Must be a natural-born citizen and at least 35 years old Elections held quadrennially (starting in 1792) on the Tuesday between November 2 & 8 Indirect vote: citizens cast ballots for a state of delegates to the Electoral College according to rules established by each state 4 presidents failed to win a plurality |
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Constitutional powers: President of the Senate can cast the tie-breaking vote Succeeds the president (9 of our 43 presidents) Sometimes in/out of the loop |
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Executive Office of the President |
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Created in 1939 by FDR Chief of Staff (top aide) Ex: Council of Economic Advisors, NSA Cabinet The VP and heads of the 15 Executive Departments |
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The two presidencies thesis: |
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President has more power over foreign policy Traditional, Constitutional, and statutory authority Able to act faster than Congress Fewer interest groups Veto bargaining Gives president the power to shape policy Pushes policy to the President’s preferences Works in reverse: the Senate has final say over many presidential appointments |
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ability of bureaucracy to propose/enact new policies that are not the preferred policies of the Executive branch of Congress |
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what is the structure of the federal judiciary? |
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State trial courts>state appeals courts>state supreme courts tax courts/US district courts>US court of appeals Claims court/court of international trade>federal circuit court of appeals military courts>court of military appeals |
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the power to hear a case for the first time Breach of Constitution, federal laws, international actors, federal government, interstate conflict |
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Power to review a lower court’s decision |
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How does a case get to the Supreme Court? |
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In 2008, the court received 7,738 petitions It issued 230 decisions (3%) |
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The Supreme Court must have jurisdiction The person must submit a petition for a writ of certiorari If four judges agree to hear the cases, they grant the petition and the case is scheduled |
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How does the Supreme Court decide a case? |
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After writ of cert is issued and the case is scheduled Lawyers from each side submit briefs Outsiders submit amicus curiae briefs Justices individually read the briefs Judges interrogate lawyers On Friday, the justice deliberate in secret and vote on the outcome The Supreme Court then issues a decision (or decisions) Can be unanimous, majority, concurring, dissenting |
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Worst Supreme Court Justice ever |
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Gabriel Duvall Issued one opinion: “I dissent” |
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Can judges really make public policy? |
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The judicial branch plays a massive role in making public policy by enforcing it/striking down a law Judicial branch plays a major role in implementation |
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The right of federal courts to declare laws of Congress and acts of the President unconstitutional Asserted in Marbury vs. Madison |
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The right of federal courts to have the final say in constitutional questions Definitely not in the Constitution; gradually accepted by politicians for reasons of political convenience |
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Strict constructionist view |
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Judges should only apply to the rules that are stated in or clearly implied by the language of the constitution |
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Judges should discover the general principles underlying the constitution and its often vague language |
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What can you do to change policy via the judiciary? |
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Launch a test case in jurisdiction where you’re sure to be found guilty If it’s not overturned, you have to serve the sentence Griswold v Connecticut (1965) Submit an amicus brief in a pending case Pay the legal fees |
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They solve collective action problems in the political process Policy-making process is lengthy and complicated by checks and balances Complicated by the federalist structure of government Political leaders need some way to join together and pass policy They need a way to communicate their positions to citizens Modern democracy is unthinkable without political parties (Schattschneider) |
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Parties have distinct, coherent platforms They win elections because of platforms They work together to implement platforms |
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They develop distinct, coherent platforms Candidate-centered elections focus on candidates not parties Politicians are concerned first and foremost with re-election Parties facilitate many functions vital to the policy-making process Parties make sense of this |
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When there isn’t a two-party system: |
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Lack of clear distinctions between candidates Low voter turnout Disorganized and chaotic factionalism Unpredictable public policy |
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organizations that try to influence public policy |
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Parties in the Electorate |
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Direct control over election administration Set the rules about party registration Closed primary, semi-closed primaries, open primaries Conventions Nominate candidates and adopt a platform Indirect influence over elections Elections at all levels of government are structured by political parties |
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All 50 states, most counties (state/local) Primary goal is providing assistance to campaigns Polling, GOTV National party organization DNC/RNC National Republican Congressional Committee and Democratic Congressional Committee Campaigns have a lot of resources |
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Formal leaders Majority leader, whip Caucuses: legislators meet regularly to pursue objectives Policy committees: subsets of legislators meet |
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A public policy intended to prevent monopoly and maintain competition in the economy |
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The view that public policies are determined by a small segment of society, such as an upper class, uncontrolled by the mass of citizens. |
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A theory holding that policies result from conflict and struggle among political interest groups. |
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Theory that holds that public policies result from the pursuit of self-interest by citizens and officials |
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Law based on judicial decisions and custom and usage rather than on statutes |
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A private organization or group that strives to influence the actions of governmental officials. |
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A political subsystem comprising a government agency, congressional committees, and some interest groups that is resistant to external influences |
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Those governmental powers possessed by the states on the basis of the Tenth Amendment. |
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The unlawful use of force, violence, and intimidation against civilians in a society to advance political or ideological goals. |
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Problems that have a broad effect, including consequences for persons not directly involved. |
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A judicial decision rule that holds that precedents established by previous cases should be followed in deciding current cases |
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A legally binding policy statement issued by the president on the basis of his or her constitutional or delegated authority. |
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The exchange of support by persons interested in different matters often called “mutual back-scratching.” |
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Previous decisions and actions that limit what one can do in the future |
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Special provision in tax laws that lessen the impact of tax changes or increases. |
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appropriations legislation |
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Following authorization legislation, this law actually makes money available to support government programs. |
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Expenditures made by government agencies on the basis of borrowing and contracting authority, and which circumvent the normal appropriations process. Also includes entitlements. |
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Provisions included in laws that are intended to compel agencies to take actions. |
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A temporary group, created by the chief executive, consisting of public officials and/or private citizens who study and make recommendations on a problem. |
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An informal or ad hoc group of citizens and officials used to examine and/or propose action on a problem. Used by some presidents |
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Interest groups/lobbyists are ubiquitous in the policy-making process |
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Definition
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Term
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those who stand to gain or lose more than others as a result of public policy |
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organizations that try to “influence” public policy |
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actions intended to influence policy outcomes |
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Economic groups: seek monetary benefits, restraints on rivals, relief from regulation Businesses, trade, labor Policy groups: seek goals that benefit the broader group Ideology, public interest, think-tanks, foundations Campaign groups: influence the outcome of elections PAC’s, sec. 527 groups |
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Why do interest groups form? |
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Communications revolution Expansion of government activity Collective action theory: concentrated benefits and displaced costs = strong incentives for interest groups Economic specialization and social diversity Disturbance theory: as society becomes more complex, stable social arrangements are disturbed; those who are harmed organize to try to restore what’s lost Policy entrepreneurs Entrepreneur theory: groups form from desire of a dedicated organizer |
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Not heavily regulated Form and disband quickly Jump into politics temporarily |
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Total number of registered federal lobbyists in 2011: Total spending on registered federal lobbying in 2011: Duke spent |
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Definition
12,633 $3.3 billion $442,165 (0.01% of total) on 2 full-time lobbyists |
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What makes interest groups powerful? |
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Definition
Financial resources Advertising Campaign donations Membership Voters/campaign workers Disruptive action Policy expertise Drafts of legislation Advice about policy, politics Familiarity with policy-making process Revolving door: lobbyists are former government officials/staff Grasstops lobbying: enlisting support of people with personal connections to a lawmaker General prestige and reputation Ex. Heritage Foundation vs. KKK |
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Recruiting members Interest groups have to offer a benefit |
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Definition
Material: items/services with monetary benefits Purposive: desirable policy outcomes Solidarity: intangible rewards arising from the act of associating Free rider problem: if benefits are collective goods, many will choose to not participate and still enjoy the benefits Selective incentives: benefits that are private goods; only members can enjoy them |
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James Madison, Federalist 10 |
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Definition
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Pluralist theory: interest groups represent citizens’ concerns in our porous political process Interest groups advocate citizens’ demands outside of elections They enable people to concentrate resources on a common purpose Interest groups are a manifestation of our freedom of speech |
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Definition
People don’t recognize that the groups they’re affiliated with are interest groups Salvation Army lobbies on gay marriage and prayer in schools Elite theory: interest groups disproportionately represent the middle and upper classes Skewed against working class, women, and racial minorities This costs a lot of money |
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