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Merit System and Checks on Bureaucracy and Judicial Branch

Explore the characteristics of the merit system and factors contributing to bureaucratic independence, as well as constitutional provisions and presidential powers that check the bureaucracy. Additionally, examine the role of the judicial branch and the impact of political factors on court decisions. Legislative and executive checks on court decisions are also discussed.

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Merit System and Checks on Bureaucracy and Judicial Branch

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  1. AP Gov FRQ Focus for Bureaucracy / Federal Courts (Judicial Branch) Exam Exam: Thursday, March 28th

  2. Characteristics of Merit System • Hiring or promotion based on qualifications / experience • Hiring based on testing

  3. Factors Contributing to Bureaucratic Independence • public policy problems are complex so bureaucrats have: • Specialized units / expertise • Delegated authority-because Congress and the president cannot handle everything, they must delegate authority to the bureaucracy • Discretionary authority-because legislation lacks details, the bureaucracy can fill in the gaps / has flexibility to implement laws how they see fit

  4. Constitutional Provisions that can Check Bureaucracy • Congress: • Appropriations-can reward or punish agency with $ (funding) = power of the purse • Legislation-can pass legislation affecting the bureaucracy • Rejection of presidential appointments to the bureaucracy

  5. Constitutional Provisions that can Check Bureaucracy • Courts: • Court rulings that limit bureaucratic practices (ex. injunctions against bureaucratic agencies) • Judicial review-can declare bureaucratic actions unconstitutional

  6. President’s Powers that can Check Bureaucracy • President is the Chief Administrator / Bureaucrat so: • Can appoint senior agency heads • Issue executive orders • Prioritize agency activities / use White House staff to control bureaucrats

  7. The Judicial Branch: Separate from Politics? • serve life terms / have the authority to interpret the Constitution; the “law of the land” (protected from politics) • BUT:

  8. Political Factors Involved in Judiciary • Political factors affecting confirmation of federal / SC judges: Ideology / interest group input / scandal / race / religion / gender / etc. • Ideology = if majority of Senate has different ideology than president (ex. when Obama nominated Merrick Garland), will be less likely to confirm a candidate they perceive as having president’s ideology

  9. The Judicial Branch: Separate from Politics? • Interest group input can affect confirmation of nominee • ex. if NRA felt that a nominee wanted stricter gun control, would try to influence Senators to reject the candidate; if pro-choice interest groups felt that a nominee wanted to overturn a woman’s right to an abortion, would try to influence Senators to reject

  10. Scandal in past ex. anything done politically / in personal life is thoroughly investigated if a questionable incident is revealed Senate may be less likely to confirm the candidate

  11. Race / religion / gender • ex. president may try to please his / her constituents by taking any of these factors into consideration, and Senators have different constituents (based on state rather than nationally) so may prefer a different option ex. senators from more diversely populated states may be more open to a nominee who is an ethnic minority

  12. Legislative Checks on Court Decisions • Confirmation of federal judge nominees (including Supreme Court nominees) • Constitutional amendment

  13. Executive Checks on Court Decisions • Power of appointment / nomination • Enforcing the law ex. Brown v. Board of Education decision desegregating public schools Eisenhower sent in the U.S. army to Little Rock, Arkansas to enforce the court’s decision

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