The Bureaucracy/Courts

10/10/2011

Clearly Communicated Learning Objectives in Written Form

• Upon completion of this course, students will be able to:– identify and explain the role of formal (bureaucratic,

judicial) institutions and their effect on policy. – students will have a better understanding of why our

national government works and why the American system of government is unique.

– students will be able to understand and interpret the United States Constitution and apply it to present policy dilemmas.

Office Hours and Readings

• Chapter 10 on the Bureaucracy• Chapter 11 on the Courts

• Office Hours– Tuesday 8-12– Wednesday 8-10:30

THE BUREAUCRACY AS POLICY MAKER

Delegated Legislative Authority

• This is the power of the Bureaucracy to draft as well as execute, specific policies.

• Why?

• Effect

THE BUREAUCRACY AS REGULATOR

What is Regulation?

• an imposition of restrictions on the activity of market participants.

• “The Watchdog of Public safety, Is there any lower form of Life

• Usually the action of a regulatory agency

THE PROBLEM OF MARKET FAILURE

Market Failure: Imperfect Information

• Government acts to correct deficiencies in the marketplace

• Imperfect Information• http://www.youtube.com/watch?v=oc1TBBp4dC8

Market Failure: Taking advantage of Workers

• Why?

• Examples– Child Labor– Unsafe work Conditions

Damage of Common Property

• Exploiting shared resources

• Tragedy of the commons

• Government must intervene

Market Failure: Monopoly

• What is it?

• Horizontal

• Vertical

HOW THE BUREAUCRACY REGULATES

Requiring Information

• Reduce information costs

• Placed on food, prescription drugs, tobacco

The Case of Prescription Drugs

• Single largest factor in increasing health care costs

• Direct-to-consumer marketing

• Must say certain things

• http://www.lunesta.com/about/see-our-tv-ad.html

Licensing and Ownership

• Control who participates in the marketplace

• Television- Radio

• Poor Jesse- addicted to caffeine

Rule-Making and Adjudication

• Very inexpensive to do

• Money through fines

• Federal Law Enforcement

Incentives and Sanctions

Incentives• These try to encourage

behavior

• Money, tax breaks

• Electric Cars

• Heavy Duty Vehicles

Sanctions• These Try to Discourage

Behavior

• Fines and taxes

• Gas Guzzlers

Problems with Regulation

• Higher Prices

• Foreign Competition

Deregulation

• Reducing regulations on business

• Attempts to lower costs to consumers and business

• Can lead to re-regulation

THE SUPREME COURTArticle III

The Courts in the Constitution

• Article III Section I– One supreme court

– Ability to Create others

– Tenure of office

• Article III Section 3- treason

Article III Section 2

• ambassadors and other ministers, counsels, and admiralty

• controversies between two or more states

• between citizens vs foreign citizens or states.

THE FEDERAL COURT SYSTEM

Federal District Courts

• The Main Trial Courts of the System

• Federal Crimes are Tried here

• The Federal Court Downtown

Court of Appeals

• can only hear appeals

• lacks original jurisdiction

• Our court is in New Orleans

The Supreme Court

• Chief Justice

• 8 Associate Justices

Jurisdiction

• Original

• Appellate

HOW YOU GET ON THE COURT

Role of the President

• A very great power

• Judges must be confirmed by the senate

• Who are our judges

How Presidents Decide

• try to appoint people like themselves (90% of all Justices come from the President's party)

• Other Factors

• the courts need to work with the president to ensure its actions are followed.