AP Gov Unit 2 Part 2 Study Guide PDF

Unit 2 Part 2 Study Guide Bureaucracy ○ People who are a part of Cabinet departments and Independent agencies ○ Bureaucrat Non-elected administrative official who works for the government Cabinet Departments ○ Article 2 of the Constitution allows congress to make these de...

Unit 2 Part 2 Study Guide Bureaucracy ○ People who are a part of Cabinet departments and Independent agencies ○ Bureaucrat Non-elected administrative official who works for the government Cabinet Departments ○ Article 2 of the Constitution allows congress to make these departments ○ 1789: Congress created State, Treasury, and War(defense) departments ○ These departments are in charge of day to day enforcement of laws and help the prez fulfill his various roles Department of State ○ This department specializes in foreign affairs, helps prez fulfill the role as chief diplomat Department of Treasury ○ This department manages federal finances, taxes, producing currency, U.S. bank Department of Defense ○ This department operates at the Pentagon, oversees armed forces, helps prez fulfill his role as commander-in-chief Department of Justice ○ This department enforces federal law, seeks just punishment for the guilty, ensures fair/impartial administration Department of Health and Human Services ○ This department administers programs for protecting the health of Americans ○ Center for disease control/prevention(CDC) Sub agency, working to ensure diseases don’t spread ○ National Institutes of Health(NIH) Sub agency, work to come up with medicine/vaccine for the disease Department of Homeland Security ○ Created because of 9/1l, improves the security of the U.S. ○ U.S. Customs/Border Protection Sub-agency monitors both the Mexican/Canadian border ○ Transportation Security Administration(TSA) Sub agency, make sure no weapons/explosives get on airplanes ○ Secret Service Sub agency, tasked with protecting U.S./international political leaders Independent Executive Agencies ○ Pretty much the same thing as cabinet departments, difference is IA’s operate outside of the cabinet structure, they have more specialized functions  ○ NASA IA responsible for U.S. space exploration, technology, science, and research ○ CIA IA that gathers/analyzes info on economic, military, political, and scientific to safeguard national security Independent Regulatory Agencies ○ Government agencies that regulate private businesses by telling them what/what not to do, these agencies also make laws and regulate those laws ○ Federal Communications Commission(FCC) Regulates interstate/international communications ○ Environmental Protection Agency(EPA) Protects human health and the environment ○ Consumer Financial Protection Bureau(CFPB) Enforces federal consumer laws and protects consumers in the marketplace ○ Securities and Exchange Commission(SEC) Regulates the offer and sale of all securities including ones by private businesses Government Corporations ○ Corporations that provide services people pay for through taxes or other payment ○ Federal Deposit Insurance Corporation(FDIC) Protects bank depositors against the loss of their insured deposits ○ U.S. Postal Service Provides mail processing and delivery services Types of Bureaucrats ○ Civil Servants These people are the civilian workforce of the U.S. government, these people are hired not appointed ○ Political Appointees Some appointees serve at the pleasure of the prez and can be removed without cause(cabinet department heads/members of white house) Others serve “fixed terms” and can’t be removed without cause, can be fired for crime/negligence(heads of independent agencies) Spoils System(1828) ○ First used by Andrew Jackson, it is when you fill cabinet positions with loyalists Civil Service Reform Act(1883) ○ This act created the Merit System: a system where civil servants have to pass a competitive exam specific to the department they want to join ○ Not all departments require someone to pass an exam  Bureaucracy=too powerful ○ Federal agencies can make rules that have the power of law, process of making these rules is long, but agencies are allowed to interpret and decide the punishments for breaking these rules ○ “Red Tape” Saying that refers to all the rules(“laws”) made by agencies/corporations Bureaucratic Reforms ○ Kisor vs Wilkie(2019) Case argued that agencies couldn’t interpret their own laws, S.C. disagreed and said yes they do because they made that law ○ Negotiated Rule Making Act(1990) Allows interest groups/companies to help make rules with federal agencies, and participants agree not to challenge rules in court Designed to improve process of creating regulations so they are more effective/accepted ○ Congressional Review Act(1996) Before a rule can take effect an agency must submit it to Congress, congress then passes it or disapproves it The president can sign/veto a resolution of disapproval Congressional Oversight ○ The government created all of these agencies so they have complete control over them Iron Triangle ○ Policy-making relationship between Congress, Interest groups, and the Bureaucracy Bureaucracy=wasteful ○ Example: Board of Tea Exports: inspected tea imports until 1996, paid a lot Government Paper Work Elimination Act(1998) ○ Requires federal agencies to use e-commerce(internet) whenever practical, attempt by federal government to be more efficient U.S. Court System ○ Supreme Court Outlined by the Constitution, less than 10% is about S.C. Congress inferred they could add more judges and decided how many Judiciary Act of 1789 Added 5 associate justices to S.C. to make it 6 justices, today there are 9 ○ U.S. District Courts  Deals with criminal/civil cases, can appeal decision to the Federal Court of Appeals ○ U.S. Court of Appeals Created by Judiciary Act of 1891 3 judges review the decision of the lower court and decide whether or not it was the right decision Court Packing Plan(1937) ○ When FDR wanted to add 6 justices to the Supreme Court so that he could pass “the new deal” and other laws and have control over all 3 branches of government Nomination of Supreme Court Justices ○ President nominates then the Senate confirms(Senatorial Courtesy) ○ Senatorial Courtesy Where senators defer to the judgment of a senator from the same state as the nominated justice, if the senator says no it is likely they won’t be confirmed ○ Judicial Committee Hearing Party members question the incoming justice, and opposing party members try to make the justice look bad Litmus Test Questions Questions asked to see where justice stands on certain issues Senators can ask as many questions as they want Soft ball questions Easy questions asked by the same party to make justice look good Federalist 78 ○ Hamilton argues why life tenure in the S.C. is necessary, outlines 3 reasons The judicial branch is the least dangerous The judicial branch is the weakest Life tenure ensures payment for the rest of their life ○ Another part of the document speaks of justices exercising judicial review Jurisdiction ○ Original(U.S. district courts) When the court is hearing a case for the first time/making first decision ○ Appellate(U.S. Federal Court of Appeals) When the court is reviewing the decision of a lower court ○ Exclusive(Court of International Trade) Only one court is allowed to preside over a specific case Sovereign Immunity ○ Doctrine that protects states from being sued without its consent, even if it's your own state, came from the 11th amendment  Supreme Court Process for handing down decisions ○ Petitions and Responses Petitions: formal request asking S.C. to review lower courts decision Response: filed by opposing party, provides argument on why/why not the S.C. should take the case ○ Meet in Conference S.C. meets to review petitions and responses, and votes on which ones the S.C. takes Rule of Four Takes 4 justices to say yes for a case to be taken by the S.C. Writ of Certiorari(Cert) When the S.C. asks the lower court to send them the case ○ Briefs Documents including all evidence, arguments, and facts as to why they should win, both sides submit a brief Amicus Curiae(“Friends of the Court”) When a person/organization who isn’t involved in the case submits a brief to provide insight ○ Hear Oral Arguments When the people of the parties from the case make their arguments in the official courtroom of the Supreme Court ○ Meet in Conference S.C. justices go back into conference room and vote on who they think won the case Majority rule 5 justices minimum need to vote one way for a side to win ○ Write Opinions Majority Opinion Document explaining why the majority of the judges voted the way they did Concurring Opinion One or more justices agree with the majority opinion but for a different reason Dissenting Opinion One or more justices disagree with the majority decision, they explain why they disagree Judicial Review ○ The power of the federal courts to declare government actions/laws unconstitutional ○ Not mentioned in the constitution, inferred power  Marbury vs Madison ○ Judiciary Act of 1801 Enacted by Adams towards the end of his term, act created 93 new federal judges ○ John Marshall Marshall was Adams's secretary of state and was supposed to deliver commissions to these new judges but didn’t because he was appointed to Chief Justice One of those commissions he didn’t hand out was for William Marbury Marbury was to become a justice of the peace ○ James Madison After Thomas Jefferson takes the white house, James Madison becomes his secretary of state and denies Marbury the commission Marbury sues Madison because of this ○ Judiciary Act of 1789 Act gave S.C. original jurisdiction and to issue writs of mandamus; court order telling a judge to do their job-Marbury was advised to file one of these ○ Supreme Court John Marshall-Cheif Justice decided they were not going to hear the case He also declared the writ of mandamus filed by Marbury to be unconstitutional under the Judiciary Act of 1789 He did this because he argued the Constitution didn’t grant the S.C. the original jurisdiction to grant a writ of mandamus under Article 3 This was the first time judicial review was used in the Supreme Court