AP US Government Review

Bureaucracy and the Courts

Bureaucratic Organization

• Cabinet departments: top of the pyramid, very public. Secretary of…

• Regulatory agencies: Fed, FCC, NLRB, SEC• Government corporations: COULD be private,

USPS, Amtrak• Independent exec. agencies- everything else.

NASA

Implementation

• SOPs- What they seek to accomplish (standardization) vs. what actually happens (ossification)

• Street-level bureaucrats- who these people are, why their job sucks

• Slippage- what gov’t expects vs. what actually happens

Iron TrianglesCong. Committee

Private industry/lobbyPart of the

bureaucracy

Incest!(Professional)

Criticisms of the System• Red tape- link to SOPs• Conflict- agencies clash for a variety of reasons, counter to

the intention of a bureaucracy• Duplication• “Imperialism”- not Spanish-American War style, inter-office

politics style• Waste- Like an auditorium full of students and one poor,

tortured soul trying to teach them. How can he possibly do anything about the people texting and watching YouTube in the last row? System is too big to be efficient and properly monitored

Who runs this mess?• The President– Appointments– Executive orders- pros and cons– Budget proposal– Reorganization/elimination- capitalize on his level of public

attention, can be a risky move• Congress– Senate approves appointments– Budget must be passed by Congress– Legislative oversight- definition of– Rewrite legislation- clarify, add detail

FRQ Topics!

• Iron triangles- the three vertices, how they influence each other, what makes it “iron”

• Presidential/Congressional interaction- the tug of war that is the bureaucracy, esp. when a Pres. and Cong. are not happy in their marriage (to each other, not their personal marriages… that would be the Clintons)

• Impact on scope of government- “The government spends too much!” says EVERYONE. “My department/pet project/pork fest can cut back a little to save cash.” says NO ONE.

The Courts- Supreme Court

• Supreme Court JUSTICES, not judges. Even your packet mixes this one up frequently

• Appellate jurisdiction– Remember, you can’t “take it to the Supreme Court”

(at least, not right away)• Writ of Certiorari• Cannot rule in the abstract• Tries to avoid political issues, stays above the

parties’ bickering (at least, tries to)

Judicial Selection

• Pres. rarely nominates from “across the aisle”• Things to consider:– Demographics– Professional experience and reputation– Legal record– The “litmus test”

• Senatorial courtesy

Judicial Selection- Undue Influence• Process is meant to be non-political and shielded from

those outside gov’t, but…– Advertisements– Campaign contributions to Senators– Op-ed pieces– Press conferences– Protests– Talk shows– Testifying at confirmation hearings– Writing to voters

All of these can be used in an effort to sway the public and get the voters more involved. SIGs are particularly good at this

Public Opinion Doesn’t Matter

• The most protected of all branches, why?• Appointment means no elections, states that have gone

to electing judges/justices have found it disastrous• Serve for life, practical as well as political• Can be impeached/removed, but rare• No reelection or retention votes (another state favorite)• Deliberations held in secret, media outlets have people

that specialize in “court watching,” essentially verdict divination

• Salaries cannot be reduced

Public Opinion Matters• Important issues such as the number of justices are not clearly

outlined in the Constitution, meaning Congress could change• Presidents are beholden to public opinion and their

nomination choices can factor into an election• Same with Senators and approving the nomination• Justices care about their reputation, as they are the most

famous people in their field• The Court cares about its reputation. SC is aware that it is the

“least democratic” of branches.– This is especially important since it is wholly reliant on other

branches to enforce its rulings

SIGs and Influence on Court Rulings

• Influence appointments (already discussed)• Amicus curiae briefs- as much about showing

which groups support which side of a case as it is about shedding new light or insight

• Bringing the actual lawsuit- NAACP and the origins of the Civil Rights movement

When SIGs Go Legal

• When popular support is lacking (tyranny of the majority)- Linda Brown

• Lack of influence in Congress- gay marriage• Civil Rights are involved- Constitutional matter

to be solved by the branch designed to solve such quandaries

• Establish a precedent- tearing down a wall must start with a single crack

Courts as Policymakers

• Judicial Review- perhaps the greatest bit of judicial activism EVER

• Original intent• Judicial activism vs. judicial restraint- narrow

vs. broad interpretation of the Constitution– Contrary to popular belief, one is not liberal and

the other conservative. Rulings popular with conservos can be just as activist as one loved by a libby

Checking the Court (or, Slaying the Monster, if you prefer)

• Impeachment- justices must show good behavior, not impeached for political reasons (in theory)

• Congress can clarify legislation- mold the law to bend around a ruling

• Executive can refuse to enforce rulings- Sway over Justice Dept. has great impact on what the fed. gov’t will prosecute and what not

• Constitutional Amendments- beyond the reach of the court, hence marriage amendments, abortion amendments, flag burning amendments, gender equity amendments, etc.

FRQ 2!

• Influences on appointments- how a supposedly non-political branch can become quite politicized. What goes into deciding who gets to be among the longest-serving public officials

• Courts and public opinion- how the Court stays away from it, how it still manages to seep in. Evidence of both

• SIG influence- why SIGs care so much about a ruling and how they will go out of their way to impact it

Vocab Worth Remembering

Bureaucracy• Iron triangle (issue

network)• Lobbying• (Legislative) Oversight

The Courts• Amicus curiae• Judicial activism• Judicial restraint• Judicial review• Litigation• Original intent• Stare decisis• Writ of certiorari