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Cheatography

American Government Exam 3 Cheat Sheet (DRAFT) by

Covering Congress, the Presidency, the Courts, and domestic, economic, and foreign policy

This is a draft cheat sheet. It is a work in progress and is not finished yet.

The Congress

Instit­utions and American Government
Importance of Political Instit­utions
David Hume
argues for instit­utions and laws and regula­tions to prevent abuse of power
Defining Instit­utions
agency
capacity of indivi­duals to act indepe­ndently and make their own free choice
structure
recurrent patterned arrang­ements, which limit and influence choices and opport­unities
instit­utions according to....
Anthony Giddens (1984)
"­ins­tit­utions by definition are the more enduring features of social life"
Rom Harre (1979)
"an interl­ocking double­-st­ructure of person­s-a­s-r­ole­-ho­lders or office­-be­arers and the like, and of social practices incolcing both expressive and practical aims and outcom­es"
Douglas North (1990)
"­rules of the game in a society or, more formally, are the humanly devised constr­aints that shape human intera­ction. In conseq­uence they structure incentives in human exchange, whether political, social, or econom­ic"
What do Instit­utions Accomp­lish?
help us understand the world and structure life
Formal versus Informal Instit­utions
formal
written, generally accepted, establ­ished, who holds power is clear, law establ­ishes them
informal
some rules, interp­ret­able, different ways to do it, unwritten (ex parties), no law establ­ishing them or dictating their existence
How are instit­utions important for politics?
channeling prefer­ences
incentives and disinc­entives
influe­ncing prefer­ences
instit­utions influence how people make decisions
Constr­aints with instit­utions
exclus­ionary
only certain people are part of it and have access and this happens naturally
rigidity
same processes all the time, which becomes an issue if there is something system­ati­cally wrong with the instit­ution, good to predict the process
Overcoming these Restraints
plan
join instit­ution, acquire power to make change
issue
this takes time and by the time you get enough power, you tend to want to maintain the system or outside pressures make it extremely difficult to make change
Unders­tanding the U.S. Congress
Theories of Repres­ent­ation
formal respre­sen­tation
to be duly elected or appointed to act on another's behalf
descri­pti­ve/­dem­ogr­aphic repres­ent­ation
to reflect the underlying social or political compos­ition of your district
symbolic repres­ent­ation
the extent to which legisl­ative behavior is acceptable to your consti­tuents
substa­ntive repres­ent­ation
legisl­ative respon­siv­eness to consti­tuents on matters of public policy
delegate
vote as your consti­tuents dictate
trustee
use your own judgement when it comes to voting
politico
do what is necessary to win elections and increase influence
What do Members of Congress do?
Work of the Chamber
voting on legisl­ation, serviving on committees and sub-co­mmi­ttees, crafting legisl­ati­on/­bills, partic­ipating in party caucuses
standing committee
permanent panels identified as such by chamber rules
select or special committee
establ­ished generally by a separate resolution of the chamber (e.g. conduct invest­iga­tions and studies, consider measures)
joint committees
permanent panels that include members from both chambers (conduct studies or perform housek­eeping tasks)
Consti­tuency servic­e/c­asework
immigr­ation, military person­nel­/se­rvice academies, social security issues, tours/­flags, intern­ships, grants­/do­mestic assist­ance, "­super casewo­rk"
"Home Style" (Richard Fenno)
focuses on what repres­ent­ative do in their district not Washingotn
Fenno argues that Congre­ssmen view their consti­tue­ncies in four shrinking concentric circles
1. Geographic (geogr­aphic districts)
all potential voters and regions
2. Reelection (electoral suppor­ters)
"who is likely to vote for me?"
3. Primary (primary suppor­ters)
"who is actually going to do work for me?"
4. Personal (candi­date's intimates)
family, close friends, and trusted advisors
What influences members of congress' votes?
ideology, voters­/co­nst­itu­ency, influe­ntial collea­gues, congre­ssional staff, political party, the president, lobbyi­sts­/in­terest groups­/PA­Cs/­Pol­lsters
Unders­tanding Modern Congress
It is a "­ref­orm­ed" Congress
The Early Days
- in the early 1900s, power in the house was held by the speaker
- a revolt against Speaker Joe Cannon (R-IL) occurred on March 17, 1910. After two failed attempts to curb Cannon's absolute power in the House George Norris (R-NE) led a coalition of 42 progre­ssive republ­icans and the entire delegation of 149 Democrats in a revolt. With many of Cannon's most powerful allies absent from the Chamber, but enough Members on hand for a quorum, Norris introduced a resolution that would remove the Speaker from the Rules Committee and strip him of his power to assign committees
- after the revolt, power was concen­trated in the committee chair. Committee assign­ments, as well as who chaired the commit­tees, was determined by seniority (benefited southern conser­vative democrats because they dominated elections)
The Reforms
- In the 1950s and 1960s, the seniority system was challenged
LBJ became "­master of the Senate­", the Speaker of the House, and the majority party caucus takes a greater role in determ­ining committee assign­ment, sub-co­mmi­ttees become more important for legisl­ative processes
- In the late 1960s and early 1970s, Congress became more "­pro­fes­sio­nal­ize­d"
increased pay and staff plus the franking privilege
Effects of the Reformed Congress
- Party and the majority party leader become more important in legisl­ation
- Members increase their ability to campaign for (and win) re-ele­ction
Re-ele­ction means everything and incumbents have a big advantage
- In 2020, Congre­ssional approval averaged 23%. And yet, 90% of the House Members and 91% of Senators who sought re-ele­ction won last November
- The seeming paradox between the low regard with which people hold Congress and the high rate of re-ele­ction of incumbents points o a simple reality: People hate Congress but (gener­ally) like their Member of Congress
- Why do incumbents win re-ele­ction?
they bring back money, jobs, and projects for their distri­ct/­state, they build name-r­eco­gnition through consti­tuency service, local visibi­lity, and personal contacting (franking privil­ege), they raise a great deal of money (and much more than challe­ngers), They tend to run in districts where the underlying distri­bution of partisans favors them
Re-ele­ction is a big deal
- Every 10 years there is a Census of the US which determines how many members a state gets in the House of Repres­ent­ative (appoi­nted)
- Every 10 years states have to re-draw their district (re-di­str­icting) to make sure that an equal number of people are in each district (so you have to re-draw the lines even if your overall number of repres­ent­atives doesn't change)
- states get approx­imately one repres­ent­ative per 710K people (WY, ND, and VT have fewer than that but get one repres­ent­ative each)
- drawing the district lines can be done in a way to maximize (or minimize) the seats that a party gets per vote (gerry­man­dering)
- Court Requir­ements for re-dis­tri­cting
contig­uity, compac­tness, historical connec­tedness
Congress has polarized
- partisan difference score is trending up at high historical numbers (lows in 1950s)
Members of Congress don't look like the rest of the country
female
20% in the Senate versus 53% in the US
black
2% in the Senate versus 13% in the US
hispanic
3% in the Senate verus 18% in the US
attorneys
51% in the Senate versus <1% in the US
college degree
100% in the Senate versus 40% in the US
military service
20% in the Senate versus 13% in the US
Profes­sio­nalism, Redist­ric­ting, and Gerrym­and­ering
*Profe­ssi­onalism of State Legisl­ation
components
salary and benefits, time demands of service, staff and resources (more of all of this = more profes­ional; basically how much is this considered a full time job?)
Where does TX rank?
about #15 and we've been getting more profes­sio­nalized over time, CA has been #1 for a long time
Aspects of TX Legisl­ature
Filibuster in TX Legisl­ature
only allowed in the Senate, no eating or drinking in the Senate Chamber, member of the Senate required to stand at their desk to address the Senate (no sitting, leaning, use of desk or chair in any way and bathroom breaks are not allowed), other Senators can raise objections if a speaker does not confine their remarks to the issue under consid­eration or if their voice is inaudible, the speaker is given two strikes by the presiding officer about violating rules for decorum or debate (after third violation, Senate votes on point of order, id it is sustained Senator speaking must yield the floor)
Chubbing
practice of one or more members of the legisl­ature debating bills at great lengths to slow down the legisl­ative process (frequ­ently practiced on those legisl­ative days which have deadlines near the end of the session, occurs in both the House and the Senate)
The redist­ricting Battle in TX
2001 Regular Session
increase in popula­tion, increase in seats, and population movement, districts as is favored Democrats, debate over redist­ricting to even field and was decided by commission (4R and 1D), resulted in more Republican repres­ent­atives
2003 Regulat Session
redo congre­ssional districts, Democrats protested; protesting failed so they left the state (so state troopers couldn't return them to the Chamber) to prevent quorum from being met, the Democrats came back when it was decided not to vote on this during this session
2003 First Special Session
Governor Perry called session to try to redist­rict, Democrats denied the bill, and special session ended
2003 Second Special Session
Governor Perry called another special session, the Democrats left the state again, which angered the public so enough Democrats came back to meet quorum, they voted and the Republ­icans got more influence and repres­ent­ative
Future of Gerrym­and­ering
- racial Gerrym­and­ering is illegal
- but the Supreme Court stays out of partisan Gerrym­and­ering

The Presidency

The Power of the Presidency
Imperial v. Imperiled
The Imperial Presidency (Schle­singer)
1. unrest­ricted Presid­ential War-Making Power 2. Too many Emergency Powers 3. Too Much Diplomacy Through Executive Agreements 4. Assertion of Executive Privilege 5. Right to Impound Approp­riated Funds
The Imperiled Presidency
1. War Powers Resolution (1973) 2. The National Emerge­ncies Act (1976) 3. Case Act on Executive Agreements 4. Budget and Impoun­dment Control Act (1974) 5. Both Houses must approve non-fu­nding of projects already approved by Congress
10 Comman­dments of Presid­ent­ial­-Co­ngr­ess­ional Relations
1. The president must "know the deck" (power structure and influence)
2. The president needs a good sense of timing
3. The president needs to establish his priorities
4. The president should consult with party leaders prior to undert­aking major policy initia­tives
5. The president needs to follow through on his proposals
6. The president needs a first-rate congre­ssional liaison staff
7. The president should respect Congress as a co-equal instit­ution
8. The president should specif­ically seek bi-par­tisan support for his programs
9. The president needs to be able to compromise
10. The president needs a sound program
How a President Gets What He Wants
Presid­ential Persuasion
Presidents have a hard time getting things done, so they need to be able to persuade Congress to get things done
agenda setter
Congress and the media pay attention to what the president says, causing that to get on the agenda
Power of the Veto
Veto power is more concrete than the power to inform because it gives the president power to prevent bills passed by Congress from becoming law, this doesn't initiate policy and allows for better negoti­ation with Congress
Pocket Veto
once a bill passes through Congress, POTUS has 10 days to sign/veto; if Congress is in session and the POTUS doesn't sign the bill it becomes a law; if Congress is not in session and the POTUS doesn't sign then no law
line item veto
POTUS authority to negate particular positions of a law, granted by Congress in 1996, struck down by Supreme Court in 1998
Going Public
this is a strategy that uses public as support for himself and his policies in Washin­gton, which is seen as going over the heads of fellow politi­cians and was popular in the second half of the twentieth century
Instit­uti­ona­lized Pluralism
structure of politics where only elites matter
- political exchange amongst a dense setting that spreads resources among actors and identifies bargaining partners
- in providing stable bargaining enviro­nment informal rules are instit­uti­ona­lized ("honor one's commit­men­ts" and "­don't use force")
Protoc­oal­itions
dense networks of Congre­ssional Bureau­cratic and Interest Group Leaders
Public opinion and elections are seen as disrup­tions to stability
using public opinion is akin to using force
Indivi­dua­lized pluralism
A system of indepe­ndent members who have fewer and weaker groups or instit­utional loyalties
less interest in short-term sacrifices for long-term benefits; politics has intruded on relati­onships in Washington
Reasons for change
expansion of welfare state increased size and number of groups interested in national policy, modern commun­ication has made it easier for citizens to be aware of the details of Washin­gton, decay of parties amongst voters and policy­makers
Public Opinion and Indivi­dualism
going public has its risks ("read my lips" and Clinton and the Health Care reform), president must calculate risks
Outsiders verus Insiders
change in party nomina­tions provided outsiders more opport­uni­ties, outsiders used to going public which created diffic­ulties when it comes time to negotiate, divided government (unified government breeds internal conver­sations while divided government breeds public conver­sat­ions)
Presid­ential Lobbying
Players in the Game
supportive leaders, opposing leaders, pivotal voters
House of Repres­ent­atives
majori­tarian instit­ution (435 members, need 218 votes in order for a bill to pass, the 218th House member or median voter is the pivotal voter in the House
Senate
super majori­tarian instit­ution because of filibuster (need 60 Senators to invoke cloture, 60th senator is the pivot point in the Senate
Additional Consid­era­tions
status quo and POTUS' political capital
Tools of Persuasion
agenda setting, creating policy, bringing the public's attention to policy, lobbying
Lobbying strategies
vote centered (when new policy is close to status quo), agenda centered (when new policy is far from status quo)
Presid­ential Leadership
priori­tizing problems, extreme status, quo, drafting policies, devising strategy, executing, principles v. pragmatism
Theories of the Presidency
The "­Hat­s" Theory
Unders­tanding presid­ential action requires unders­tanding which job he is perfor­ming...
Chief Executive
Kennedy issues Executive Order to establish Peace Corps
Commander in Chief
G.W. Bush sends U.S. troops to Iraq
Head of State
G.H.W. Bush entertains Queen Elizabeth at the White House
Director of Foreign Policy
Nixon visits China
Head of Political Party
Reagan campaigns for Republican Congre­ssional candidates
Economic Guardian
Clinton balances federal budget
Legisl­ative leader
Johnson signs Voting Rights Act
The Two Presid­encies Theory (Wilda­vsky)
The "Two Presid­enc­ies­" Theory states that Presidents operate in two different realms: Foreign Policy and Domestic Policy
Presidents end up preferring to conduct foreign policy because they are less constr­ained by partisan politics and Congress
The Sub Presid­encies Theory (Cronin)
Crisis Management
Cuban Missile Crisis (foreign affairs), Depression in 1929 and Economic melt down in 2008 (Aggregate Econom­ics), Watts riots in 1965 and LA riots in 1992 (domestic policy)
Symbolic Leadership
United Nation's Address (foreign affairs), State of the Union Address (Aggregate Economics and Domestic Policy)
Priority Settin­g/P­rogram Design
Nixon to China (foreign affairs), FDR's New Deal (aggregate econom­ics), Obama's Health Care Initiative (Domestic Policy)
Recrui­tme­nt/­Lea­dership
Biden's cabinet: General Lloyd Austin for Secretary of Defense (foreign affairs), Biden's cabinet: Janet Yellen for Secretary of Treasury (Aggregate econom­ics), Biden's cabinet: Merrick Garland for Attorney Genral (domestic policy)
Presid­ential Power (Neustadt)
1. Presid­ent's Power is the power to persuade and bargain (not the power to command)
2. The American system is one of shared not separate power
3. Sources of the Presid­ent's Power (the formal position of the presid­ency, profes­sional reputa­tion, public prestige
4. The president often is more constr­ained in the executive branch than when he goes to Congress, where he gets to propose things
The "­Pre­sid­ential Person­ali­ty"T­heory (Barber)
Presid­ential behavior is hugely affected by the psycho­logical tendencies of the president
world view (positive v. negative) and style (active v. passive)
Active Postive
JFK, Theodor Roosevelt, Bill Clinton, George w. Bush
Active Negative
Richard Nixon and Lyndon Johnson
Passive Positive
Ronald Reagana dn Dwight Eisenhower
Passive Negative
Warren Harding and Calvin Coolidge
Unders­tanding the Bureau­cracy
Defining the Bureau­cracy
Bureau­cracy is the hierar­chical organi­zation designed to perform a particular set of tasks (imple­menting laws)
Bureau­crats as Lawmakers
Chevron v. National Resources Defense Council (1984)
Establ­ished legal standard for upholding an agency's authority to write law in a specific area
Patronage
when jobs, contracts, favors given to political allies (spoils system)
Pendleton Act
1883 Legisl­ation passed to create Civil Service Commis­sion, Employees are chose according to educat­ional qualif­ica­tions, perfor­mance on exams, and work experi­ence, patronage lives on (ex. POTUS' cabinet)
Principal Agent Problem
principal
gives directive
agent
carries out directive
problem
in government there are too many principals
Neutral Competence (Hugh Hecto)
giving best work to principal regardless of person because loyal to the position no the party nor the person, smooths commun­ica­tion, neutral party-wise (you carry out wishes of party in power but knowing that you will have to switch sides when someone new comes in)
Bureau­cratic Drift
Bureau­crats have prefer­ences that may differ from those of elected officials
mandates given to agencies can be vague, which allows expert bureau­crats some flexib­ility to solve problems, this flexib­ility or discretion can be abused by bureau­crats who wish to substitute their own prefer­ences for that of elected officials
changes in prefer­ences of elected officials present diffic­ulties for bureau­crats
many do not wish to conform to the expect­ations of new officials, they may prefer the old way of doing things or prefer to honor the original statute and not the newly elected officials, Civil service employment protection makes drift less costly to bureau­crats
Coalition Drift
bureau­cracy tries to catch up to new changes in president, house, or senate party, occurs when the other party takes control
Bureau­cratic Oversight
police patrol
preven­tative, costly (time and resour­ces), patrol, check on everyone
fire alarm
go where emergency is, not preven­tative nor costly
Reforming the Bureau­cracy
hard because people benefit from current instit­ution so they don't want to change

The Courts

Judicial Policy Making and Judicial Processes
Courts as Policy Makers
Robert A. Dahl
To Consider the Supreme Court of the United States strictly as a legal instit­ution is to undere­stimate its signif­icance in the American political system. For it is also a political instit­ution, an instit­ution, that is to say, for arriving at decisions on contro­versial questions of national policy
examples of courts not writing laws but influe­ncing its interp­ret­ation
Health Care reform, Same Sex Marriage, Campaign Financing, Immigr­ation, Abortion
The Courts can influence the policy process because of the perceived legitimacy of their decisions
the courts have no power to enforce their decisions, reliant on perceived legitimacy to have Congress and the President enforce their decisions
This is seen as increa­singly partisan and president and legisl­ation become increa­singly dependent on the courts
Establ­ishing Judicial Review
Judicial Review
the power to declare laws null and void if the law is uncons­tit­uti­onal; not explicit in consti­tution; an implied power
Marbury versus Madison
Facts of the case
Part of the Rivalry between John Adams and Thomas Jefferson; Jefferson admini­str­ation refused to deliver appoin­tments made by Adams' admini­str­ation; Judiciary Act of 1789 allowed appointee to request a court order to force granting of appoin­tments; the act gave the Supreme Court original jurisd­iction
Problem for the Supreme Court
Jefferson saw the court as antago­nistic to him because they were appointed by Adams ("A hospital of decayed politi­cia­ns"); A ruling in favor of Marbury would be ignored by Jefferson admini­str­ation; A ruling in favor of Madison would confirm the Court is subord­inate to POTUS
Decision
Marbury did have the right to receive his commis­sion; portion of Judiciary Act of 1789 that gave the Supreme Court original jurisd­iction was uncons­tit­utional (only consti­tution can establish original jurisd­iction for Supreme Court); Therefore the Supreme Court could not order the Jefferson admini­str­ation to deliver the appoin­tment
Ramifi­cation of Decision
establ­ished the ability of the Court to strike down a law as violating the Consti­tution ("It is emphat­ically the province and duty of the judicial department to say what the law is"); allowed the Court to sidestep political contro­versy and establish itself as an indepe­ndent instit­ution
Applic­ation of Judicial Review
Rational Applic­ation
the Court is concerned that Congress may attempt to circumvent their decision, creating a worse policy outcome; In response to striking down law A, Congress passes law B, which is a worse law in the Court's eyes
Instit­utional Mainte­nance
Fear of Congre­ssional or Presid­ential retrib­ution for striking down a law may lead the court to keep a law in place
Types of attacks on the Court's instit­utional mainte­nance
using Senate confir­mation power to select certain types of judges, enacting consti­tut­ional amendments decisions, impeac­hment, withdr­awing Court jurisd­iction over certain subject, slashing the budget, altering the size of the court
Rational antici­pation has little to do with the Court's decisions
Instit­utional mainte­nance concerns do impact the Court's decision
When the Court feels Congress or the President will attempt to act against the Court, the Court is less likely to strike down a law
Unders­tanding the Federal Courts
The Evolution of the Federal Courts
National Supremacy and Slavery (1787-­1865)
up until the Civil War, the great issue left unresolved by the framers was the nation­-state relati­onship; The Supreme Court (led by Chief Justice John Marshall) maintained that the national law was the supreme law, and that the Court had the power to decide what the Consti­tution meant; key cases: Marbury v. Madison (1803), McColloch v. Maryland (1819), Dred Scott v Sanford (1857)
Government and the Economy (1865-­1937)
The main issue is the extent to which the economy could be regulated by national or state govern­ment; Generally the Court has viewed the 14th Amendment as protecting private property and corpor­ations from state activity; Pro-bu­siness decisions: Court prevented labor strikes, struck down federal income tax, restricted powers of the ICC to regulate railroad rates, prevented maximum laws hours on employers; Anti-b­usiness decisions: Court upheld laws affecting public works, allowed regulation of business through government agency (ICC), approved safety rules on railroads, approved of states' anti-l­iquor laws, approved safety mine laws
Protection of Civil Liberties (1937-­pre­sent)
After 1936, The court is no longer a threat the government regulation of the economy (FDR's "­court packing scheme­", From 1937-1974 no regulatory statutes were over-t­urned, during this same time period, 36 congre­ssional enactments that dealt with personal liberties were over-t­urned); Rights establ­ished or expanded: freedom of speech, freedom of political and religious expres­sion, rights of the accused (right to counsel, search and seizure, self-i­ncr­imi­nat­ion), Voting rights, Anti-d­isc­rim­ina­tion, right to privacy
Jurisd­iction of the Federal Courts
Federal District Courts
one in each of 94 districts (at least one per state), only have original jurisd­iction, hear the vast majority of federal cases: federal crimes (mail, state-­lines, high seas crimes), Civil law suits under federal law over $10K, Civil law suits between citizens of different states over $10K, Maritime cases bankruptcy cases admini­str­ative agency review cases
U.S. Court of Appeals
13 total; One in each of 12 circuits or regions (including DC), and one for the federal circuit; they only hear cases on appeal, no original jurisd­iction: Cases on appeal from Federal District Courts, US Regulatory Commis­sioners (e.g., cases on appeal from the Federal Commun­ica­tions Commission on cable licens­ing), Cases on appeal from other federal courts
Judicial Policy Making and Judicial Process
Gaming the federal Court System
94 US District Courts
each state has 1-4 district courts, TX has 4 district courts
12 regional circuit courts
TX is in the 5th circuit
patent suits like to go to the TX northern court because accuser is more likely to win (patent trolls)
people go to courts that will most likely give them the outcome they want
TC Heartland v. Kraft foods
the court voted unanim­ously to say that patent lawsuits should be tried where the defending company is based rather than in a court of the plaint­iff's choosing
Structure of Texas Courts
Texas Supreme Court
Civil Jurisd­iction, Civil law encomp­asses all disputes between two or more private parties; These may include indivi­duals, corpor­ations, or government agencies, always hears cases en banc
Texas Court of Criminal Appeals
Criminal jurisd­iction
Criminal law is generally defined as crimes against the state, understood as violations of the penal code for which the state can bring actions against the alleged perpet­rators according to the rules defined by the law of criminal procedure
may sit in panels of 3 judges, except in capital murder cases
Selecting Judges in Texas
October 22, 2013 Bexar County Court-­as-Law No. 11 Judge Carlo Key switched partis­anship from Republican to Democrat
Elected in 2010 along with a wave of Republican judges throughout Texas, felt out of sync with the GOP, lost to Republican in 2014 election
Brace and Boyea
elective state supreme courts are more likely to uphold capital punishment decisions if there is strong support for capital punishment in the state, there is no effect on non-el­ective state supreme courts
James L. Gibson
Judicial elections may actually boost the instit­utional legitimacy of the court; however, the negative effects of campaigns may detract from it
Unders­tanding the Federal Courts-The Supreme Court
Jurisd­iction
Original Jurisd­iction (cases involving 2+ states, US v. a state, state v. citizen of a different state if begun by the states, diplom­ats); Appellate jurisd­iction (from federal court of appeals if federal and state law conflict, from federal district court if state law is found uncons­tit­uti­onal, if federal law was held to be uncons­tit­utional and the US was party to the suit); Granting a "writ of certio­rar­i" (if the case involves a substa­ntive federal question, if the case comes from the highest state court or the Federal Court of Appeals, Must have four votes from justic­e—"rule of four")
The Supreme Court in Action
In session for 36 weeks, from early Oct. until the end of June, Lawyers have one hour to present briefs during oral argume­nta­tion, Federal government is involved in 50% of cases (Solicitor general makes arguments on behalf of government and decides which cases the government will appeal from lower courts), Amicus Curae may be filed on behalf of contesting parties, justices go to conference to discuss cases on Fridays, most cases parallel ideolo­gical blocs on court
Limita­tions for the Court
The US Consti­tution, Precedent, Doctrine of "­pol­itical questi­ons­", inability to enforce its own decisions, necessity for public accept­ance, "­Ult­imate Limita­tio­ns" (impea­chment, court packing, Consti­tut­ional amendment)
The Liberals (nominated by Democratic President)
Sotomayor (0.6L), Kagan (0.3L), Brown Jackson
The "­Swing Vote" (nominated by Republican President)
Roberts (Chief Justice ~0.15C)
The Conser­vatives (nominated by Republican President)
Alito (0.25C), Gorsuch (0.45C), Coney Barrett (0.55C), Kavanaugh (0.65), Thomas (~0.7)

Domestic and Economic Policy

Public Policy: Simple Defini­tions
Public Policy
- the decisions, actions, and commit­ments of govern­ments
- regulation of key industries and acpects of American life (tobacco, saturated fats, drink sizes, food and drug standards, etc)
- protection of Americans from enemies at home and abroad
- encour­aging the eccomp­lis­hment of important social goals (Head Stat, Pell Grant)
- providing assistance to a wide range of Americans (subsidies for farmers, help for low-in­comes families, policy money for stats and local govern­ments)
Public Policy Categories
Regulatory Policy
involve use of police powers by the federal government to supervise the conduct of indivi­duals, busine­sses, and other government agencies (ex enviro­nmental protec­tion, consumer safety, public health, civil rights
Social Welfare Policy
involves use of policy incentives to promote or encourage basic social and economic fairness (ex food stamps, welfare, education grants, Temporary Assistance for Famili­es—­TAFI)
Entitl­ement Policy
benefits and cash payments to those who meet specific requir­ements (ex Social Security and Medicare)
Reforms
(1) "­Means Tests"—only those below a certain income would be eligible for entitl­ement benefits (2) Raising the age thresh­old­—mi­nimum age for social security and Medicare would rise from 65 to 67 or 68 (3) Stricter time limit on dependent aid—people would be kicked off certain programs after some set time period
US Budget
Federal Expend­itures, 2023
25% Social Security, 16% National Defense, 28% Medica­re/­Med­icaid, 14% Interest on National Debt, 7% other entitl­ements, 10% Domestic programs
Federal Revenues, 2023
45% Income Taxes, 34% payroll taxes, 11% Corporate Income taxes, 6% other, 4% excise (sin) taxes
Economic Policy
economic policy
policy aimed at producing a vibrant, healthy, and growing economy
goals
stable prices (low inflat­ion), full employment (defined as unempl­oyment rate of 4% or less), economic growth (a positive and signif­icant GDP)
Fiscal Policy
government budgetary choices concerning how much (and when) to tax, spend, subsidize, and borrow)
Monetary Policy
actions by Federal Reserve Board to influence GDP growth or the rate of inflation. Usually involves manipu­lation of interest rates
Regulatory Policy
regulation of businesses and/or the workplace
Intern­ational Economic Policy
exchange rates, trade agreem­ents, tariffs, and implem­ent­ation of policies structured by intern­ational instit­utions such as the World Bank, the Intern­ational Monetary Fund, and the World Trade Organi­zation
Economic Policy Theories
Laisse­z-faire
belief that unfettered markets will produce an equili­brium of economic opport­unity and growth
Keynianism
belief that government policies must address aggregate demand through fiscal policy (taxes and spending)
Monetarism
belief that government policies sometimes destab­ilize the economy and mist be combatted through strict control of the money supply
The Federal Reserve System (goes with Moneta­rism)
establ­ished in 1913 to affect monetary policy, consists of 12 banks run by an appointed board of governors and directed by a Chair (appointed by POTUS). The Board members have staggered, 14 year terms and the Chair is appointed for 4 years (Jerome Powell is the current Chair). The Federal Reserve Board controls the money supply by buying and selling federal securities (treasury notes and bonds), regulating the money that member banks have on deposit (the "­reserve requir­eme­nt"), Manipu­lating interest rates (changes in rates that member banks must pay when borrowing from reserve banks—the "­dis­count rate")
Supply­-Side Economics
the belief that the stimul­ation of economic supply, rather than demand, can stabilize and re-inv­igorate the economy. This perspe­ctive grew more popular after the "­sta­gfl­ati­on" of the late 1970s (high unempl­oyment and high inflation) and was associated with several of President Reagan's economic advisors. The key premise is that inflation can be reduced by stimul­ating production in business sector's with tax cuts and reduced regulation
Purpose of Policies
Schneider and Ingram (1993)
Policies are attempts to change people's behavior: "­Beh­avioral change is sought by enabling or coercing people to do things they would not have done otherwise
Constr­uction of Target Popula­tions
Strong power and Positive behavior
Advantaged (Elderly, Business, Veterans)
Strong power and Negative behavior
Contenders (Rich, Unions, Minori­ties)
Weak power and Positive behavior
Dependents (Children, Mothers, Disabled)
Weak power and Negative behavior
Deviants (Crimi­nals, drug users, gangs)
Allocation of Benefits and Burdens
Strong power and Positive behavior
Advant­aged: high control of benefits which are oversu­bsc­ribed; High control of burdens which are unders­ubs­cribed
Strong power and Negative behavior
Conten­ders: low control of benefits which are secret; some control of burdens which are symbolic and overt
Weak power and Positive behavior
Depend­ents: Low control of benefits which are unders­ubs­cribed; no control of burdens which are oversu­bsc­ribed
Weak power and Negative behavior
Deviants: No control of benefits whihc are unders­ubs­cribed; no control of burdens which are oversu­bsc­ribed
Importance of Social Constr­uction
By unders­tanding the social constr­uction of target popula­tions we can better understand what problems get on the agenda, the solutions offered, solution chosen, policy tools used and how it is evaluated
Policy Instru­ments
- The actual means or devices which govern­ments have at thier disposal for implem­enting policies, and from which they must select
Suasion
- Government and particular political officials are in a good position to persuade people because they can speak in the name of political interest (healthy eating campaigns, recycling)
- power of suasion is contigent upon the level of trust in government
Compulsory Instru­ments
Laws
govern­ments have the right to make author­itive decress about back up those decrees with the legitimate use of force. Law establish rights, regula­tions, distribute benefits and burdens
regula­tions are rules and standards that control economic, social, and political activities (natural monopoly, extern­ali­ties, protecting the uninfo­rmed)
Deregu­lation
removal of government rules that once controlled an industry
Mixed Instru­ments
taxes
the govenr­nment can use taxes to discourage certain forms of behavior or encourage forms of behavior; taxes also help in distri­buting burdens and benefits
sin taxes
a tax intended to discourage unwanted behavior (cigar­ettes and alcohol, snack tax, health insurance mandate
tax incentives
encourage people to engage in a preferred behavior (tax deductible donations to charities, tax rebates for purchasing a hybrid vehice, interest payments on mortgage, proposed tax breaks for working couples
Sin Taxes, Tax Incentives and Price Elasticty of Demand (PED)
Price Elasticity of Demand
The change in the quantity demanded (QD) of a product in relation to its change in price (P) (PED = %chang­eQD­/%c­hangeP)
Submerged State
Mettler (2011)
The clouded and indirect nature of public policy implem­ent­ation makes it difficult for citizens to identify government welfare progra­ms—thus threat­ening democratic respon­siv­eness and advant­aging special interests and wealthier citizens
- "­Pol­icies of the submerged state obscure the role of the government and exaggerate that of the market, leaving citizens unaware of how power operates, unable to form meaningful opinions, and incapable, therefore, of voicing their views accord­ing­ly"
- Many of these "­sub­mer­ged­" policies benefit the most affluent the most
- Home Mortgage Interest Rate Deduction ($230,000; 6.25%; rate 30 years) Family Income and First year savings
$16,75­1-$­68,00 -> $3,619; $68,00­1-$­137,300 -> $5,146; $373,650+ -> $6,673
Income Inequality
- the varying incomes of different socioe­conomic groups in an economy (sometimes referred to as the income gap and it highlights the gap between these with the highest and lowest incomes in a country, region, or the whole world
- it exists when there is an unequal distri­bution of income across various groups of indivi­duals and households in an economy
- it usually compares socioe­conomic groups but it may also compare the incomes of men versus women, or white people versus African Americans
- usually expressed in percentage terms
Measur­ement
The Gini Index is a summary measure of income inequality
incorp­orates the detailed shares data into a single statistic, which summarizes the dispersion of income across the entire income distri­bution and ranges from 0, indicating perfect quality (where everyone receives an equal share), to 1, perfect inequality (where only one recipient or group of recipients receives all the income)
Economic Explan­ation
Education
income gap between those with a Bachelors degree and those without one has grown substa­ntially
Global­ization
increasing imports of manufa­cture goods from low-sk­illed developing countries reduces manufa­cturing opport­unities for low-sk­illed workers
Technology
It is estimated at least helf of the wage gap among American workers can be attributed to techno­logical advances that allow for more automation of tasks
Political Explan­ation
Mobili­zation of Business Interests, Demobi­liz­ation of Middle Class Interests, Neolib­era­lism, Taxes, Financial Deregu­lation
Political Conseq­uences
- poorer people are happier when there is less income inequality
- politi­cians are more likely to engage in redist­rib­utive policies the closer they are to an elections
- the gap between the poor and wealthy regarding America being a merito­cracy is largest in areas with high levels of income inequality (Merit­ocr­acy=a system in which the talented are chosen and moved ahead on the basis of their achiev­ement)

Domestic and Economic Policy (copy)

Public Policy: Simple Defini­tions
Public Policy
- the decisions, actions, and commit­ments of govern­ments
- regulation of key industries and acpects of American life (tobacco, saturated fats, drink sizes, food and drug standards, etc)
- protection of Americans from enemies at home and abroad
- encour­aging the eccomp­lis­hment of important social goals (Head Stat, Pell Grant)
- providing assistance to a wide range of Americans (subsidies for farmers, help for low-in­comes families, policy money for stats and local govern­ments)
Public Policy Categories
Regulatory Policy
involve use of police powers by the federal government to supervise the conduct of indivi­duals, busine­sses, and other government agencies (ex enviro­nmental protec­tion, consumer safety, public health, civil rights
Social Welfare Policy
involves use of policy incentives to promote or encourage basic social and economic fairness (ex food stamps, welfare, education grants, Temporary Assistance for Famili­es—­TAFI)
Entitl­ement Policy
benefits and cash payments to those who meet specific requir­ements (ex Social Security and Medicare)
Reforms
(1) "­Means Tests"—only those below a certain income would be eligible for entitl­ement benefits (2) Raising the age thresh­old­—mi­nimum age for social security and Medicare would rise from 65 to 67 or 68 (3) Stricter time limit on dependent aid—people would be kicked off certain programs after some set time period
US Budget
Federal Expend­itures, 2023
25% Social Security, 16% National Defense, 28% Medica­re/­Med­icaid, 14% Interest on National Debt, 7% other entitl­ements, 10% Domestic programs
Federal Revenues, 2023
45% Income Taxes, 34% payroll taxes, 11% Corporate Income taxes, 6% other, 4% excise (sin) taxes
Economic Policy
economic policy
policy aimed at producing a vibrant, healthy, and growing economy
goals
stable prices (low inflat­ion), full employment (defined as unempl­oyment rate of 4% or less), economic growth (a positive and signif­icant GDP)
Fiscal Policy
government budgetary choices concerning how much (and when) to tax, spend, subsidize, and borrow)
Monetary Policy
actions by Federal Reserve Board to influence GDP growth or the rate of inflation. Usually involves manipu­lation of interest rates
Regulatory Policy
regulation of businesses and/or the workplace
Intern­ational Economic Policy
exchange rates, trade agreem­ents, tariffs, and implem­ent­ation of policies structured by intern­ational instit­utions such as the World Bank, the Intern­ational Monetary Fund, and the World Trade Organi­zation
Economic Policy Theories
Laisse­z-faire
belief that unfettered markets will produce an equili­brium of economic opport­unity and growth
Keynianism
belief that government policies must address aggregate demand through fiscal policy (taxes and spending)
Monetarism
belief that government policies sometimes destab­ilize the economy and mist be combatted through strict control of the money supply
The Federal Reserve System (goes with Moneta­rism)
establ­ished in 1913 to affect monetary policy, consists of 12 banks run by an appointed board of governors and directed by a Chair (appointed by POTUS). The Board members have staggered, 14 year terms and the Chair is appointed for 4 years (Jerome Powell is the current Chair). The Federal Reserve Board controls the money supply by buying and selling federal securities (treasury notes and bonds), regulating the money that member banks have on deposit (the "­reserve requir­eme­nt"), Manipu­lating interest rates (changes in rates that member banks must pay when borrowing from reserve banks—the "­dis­count rate")
Supply­-Side Economics
the belief that the stimul­ation of economic supply, rather than demand, can stabilize and re-inv­igorate the economy. This perspe­ctive grew more popular after the "­sta­gfl­ati­on" of the late 1970s (high unempl­oyment and high inflation) and was associated with several of President Reagan's economic advisors. The key premise is that inflation can be reduced by stimul­ating production in business sector's with tax cuts and reduced regulation
Purpose of Policies
Schneider and Ingram (1993)
Policies are attempts to change people's behavior: "­Beh­avioral change is sought by enabling or coercing people to do things they would not have done otherwise
Constr­uction of Target Popula­tions
Strong power and Positive behavior
Advantaged (Elderly, Business, Veterans)
Strong power and Negative behavior
Contenders (Rich, Unions, Minori­ties)
Weak power and Positive behavior
Dependents (Children, Mothers, Disabled)
Weak power and Negative behavior
Deviants (Crimi­nals, drug users, gangs)
Allocation of Benefits and Burdens
Strong power and Positive behavior
Advant­aged: high control of benefits which are oversu­bsc­ribed; High control of burdens which are unders­ubs­cribed
Strong power and Negative behavior
Conten­ders: low control of benefits which are secret; some control of burdens which are symbolic and overt
Weak power and Positive behavior
Depend­ents: Low control of benefits which are unders­ubs­cribed; no control of burdens which are oversu­bsc­ribed
Weak power and Negative behavior
Deviants: No control of benefits whihc are unders­ubs­cribed; no control of burdens which are oversu­bsc­ribed
Importance of Social Constr­uction
By unders­tanding the social constr­uction of target popula­tions we can better understand what problems get on the agenda, the solutions offered, solution chosen, policy tools used and how it is evaluated
Policy Instru­ments
- The actual means or devices which govern­ments have at thier disposal for implem­enting policies, and from which they must select
Suasion
- Government and particular political officials are in a good position to persuade people because they can speak in the name of political interest (healthy eating campaigns, recycling)
- power of suasion is contigent upon the level of trust in government
Compulsory Instru­ments
Laws
govern­ments have the right to make author­itive decress about back up those decrees with the legitimate use of force. Law establish rights, regula­tions, distribute benefits and burdens
regula­tions are rules and standards that control economic, social, and political activities (natural monopoly, extern­ali­ties, protecting the uninfo­rmed)
Deregu­lation
removal of government rules that once controlled an industry
Mixed Instru­ments
taxes
the govenr­nment can use taxes to discourage certain forms of behavior or encourage forms of behavior; taxes also help in distri­buting burdens and benefits
sin taxes
a tax intended to discourage unwanted behavior (cigar­ettes and alcohol, snack tax, health insurance mandate
tax incentives
encourage people to engage in a preferred behavior (tax deductible donations to charities, tax rebates for purchasing a hybrid vehice, interest payments on mortgage, proposed tax breaks for working couples
Sin Taxes, Tax Incentives and Price Elasticty of Demand (PED)
Price Elasticity of Demand
The change in the quantity demanded (QD) of a product in relation to its change in price (P) (PED = %chang­eQD­/%c­hangeP)
Submerged State
Mettler (2011)
The clouded and indirect nature of public policy implem­ent­ation makes it difficult for citizens to identify government welfare progra­ms—thus threat­ening democratic respon­siv­eness and advant­aging special interests and wealthier citizens
- "­Pol­icies of the submerged state obscure the role of the government and exaggerate that of the market, leaving citizens unaware of how power operates, unable to form meaningful opinions, and incapable, therefore, of voicing their views accord­ing­ly"
- Many of these "­sub­mer­ged­" policies benefit the most affluent the most
- Home Mortgage Interest Rate Deduction ($230,000; 6.25%; rate 30 years) Family Income and First year savings
$16,75­1-$­68,00 -> $3,619; $68,00­1-$­137,300 -> $5,146; $373,650+ -> $6,673
Income Inequality
- the varying incomes of different socioe­conomic groups in an economy (sometimes referred to as the income gap and it highlights the gap between these with the highest and lowest incomes in a country, region, or the whole world
- it exists when there is an unequal distri­bution of income across various groups of indivi­duals and households in an economy

Foreign Policy

Thinking About US Foreign Policy
Goals
survival and indepe­ndence, territ­orial integrity (acqui­sition of new territ­ory), military security, economic security, democratic values and ideals
Key Foreign Policy Terms/­Con­cepts
Monroe Doctrine
statement that sny effort by European or other foreign powers to colonize North or South America would be viewed as an act aggres­sion, requiring military interv­ention
"­Spheres of Influe­nce­"
notion that the world is divided into regions in which a specific country holds political and economic sway
Isolat­ionism
belief that the US should foster economic relations abroad without committing to strategic alliances that could draw us into war
Globalism
belief that American "­sphere of influe­nce­" has expanded to every corner of the world and that we should therefore be involved in politics everywhere
Truman Doctrine
the US should assist free, democratic countries against totali­tar­ianism everywhere
NATO- North Atlantic Treaty Organi­zation
Originally an alliance among the US Canada, Turkey, and 11 European nations signed in 1949. Now encomp­asses 30 members. According to article 5 of the NATO charter, an attack on one considered an attack on all (spawns the "­Warsaw Pact") Invoked only once (after 9/11)
Contai­nment
policy designed to prevent the expansion of communism in the face of Soviet efforts to promote communism abroad
Bipolarity
view that the world is dominated by two super powers
Détente
ending of hostile relations between two countries
Enlarg­ement
Bill Clinton's plan to expanding democracy and market capita­lism; replacing "­con­tai­nme­nt"
Bush Doctine
Several different interp­ret­ations: (1) George W. Bush's policy of preventive war, which held that the US should depose foreign regimes that repres­ented a potential or perceived threat to the security of the US, even if hat threat was not immediate (2) GWB's policy of spreading democracy around the world, especially in the Middle East as a strategy for combatting terrorism; GWB's willin­gness to unilat­erally pursue US military interest
Obama Doctrine
emphasis on negoti­ation and engagement as opposed to the support of unilat­eralism of the Bush years, but Obama acted unilat­erally, especially drone strikes
Foreign Policy Players
State Department
Anthony Blinken (Sec of State)
Defense Department
Lloyd James Austin III
National Security Council
chaired by POTUS; regulatory attendees: VP, Secretary of State, Secretary of Treasury, Secretary of Defense, and Assistant to the President for National Security Affairs
Limits on US Foreign Policy
other countries (allies and enemies, the US military, the Consti­tution, the News Media, Public Opinion
Attitudes towards US Foreign Policy
Miscon­cep­tions of American Foreign Policy
"God has a special providence for fools, drunkards, and the USA"
European leader regarding American foreign policy
Emphasis on Trade
George Washin­gton's Farewell Address
"The great rule of conduct for us in regard to foreign nations is, in extending our commercial relations, to have with them as little political connection as possible. So far far as we have already formed engage­ments, let them be fulfilled with perfect good faith. Here let us stop."
Myth of Isolat­ionism
foreign policy was critical to early nation, 12 of the first 15 presidents held some role in foreign relations (6 served), in order to advance trade relations, the US could not isolate itself. By 1815, the US Navy establ­ished a squadron in the Medite­rranean to combat the Barbary pirates and by 1822 squadrons had been establ­ished in the Caribbean and Pacific and by 1843 the US Navy had an establ­ished presence on every major continent and virtually every ocean
Public Opinion and Foreign Policy
Unstru­ctured
public's belief that foreign policy is random and makes no sense
Structured
opposite of unstru­ctured; core values -> general postures -> specific issue preference
Dimensions of Foreign Policy Attitudes
Cooper­ative Intern­ati­onalism
working with other nations toward common goals
Militant Intern­ati­onalism
need to look and act strong to the world
Isolat­ion­alism
avoid foreign entang­lements
Morality and Support for War
Support for war peaks when boots first hit the ground then drops drasti­cally after first casual­ties, then continues to decrease, albeit much slower over time
Domestic Issues and Foreign Policy Hypothesis
Presid­ential Influence and foreign policy concerns
Legisl­ators should be more likely to support economic aid and trade libera­liz­ation if the policy has the endors­ement of the president who shares their party affili­ation
economic Interests
The greater the endowment of human (or physical) capital in a district the higher the probab­ility that the legislator votes in favor of trade libera­liz­ation and foreign aid
Ideology
The more conser­vative the members of a district are, the greater the probab­ility that the legisl­ators votes in favor of trade libera­liz­ation but the less likely the legislator votes in favor of foreign aid