Review for 2302 Test 2

How was the bureaucracy organized?

Who is in the inner cabinet?

Know that the CIA, NASA, EPA etc. are independent executive agencies. Know who heads them and the makeup of the independent executive agencies.

Be able to give examples of government agencies and how they operate.

Know who the presidents can appoint/remove and whom he cannot remove.

Know the Hatch Act

Know the steps involved in the rulemaking process.

Know the four different ways the president can gain control over policymaking in a federal agency. (Especially an independent executive agency.)

How can Congress control a federal agency.

Know that the Cabinet positions are appointed.

Know captured agency, iron triangle, and with the components of an issue networks

Know what judicial review, strict construction, loose construction.

Know the chart on.

What kind of civil cases and criminal cases are handled in the federal courts.

Know the difference between constitutional, statutory, and administrative law.

Know what stare decisis (precedence), in forma pauperis.

Know the significance of Marbury v Madison.

What happens at the District Court (describe what one needs to have a trial). Remember the Appeals Court and the Supreme Court are basically appeals courts. Trials are never conducted at the Appeals level and very seldom at the Supreme Court (usually will have a magistrate if they need to have a trial in the rare circumstances). (Know the difference between trial and appeals courts)

Know the chief duties of the chief justice and when he is involved in writing the majority opinion.

Know concurring opinion, and dissenting opinions

Know the Rule of Four and the different combinations needed to render a decision. Remember there are 9 justices and a t least 5 must agree to reach a decision. ( 9/0; 8/1;7/2;6/3;5/4.)

What can be done to overturn a Supreme Court decision?

Know the types of cases the Supreme Court takes.

Know the Sherman and Clayton Acts.

Know five differences between the older regulatory commissions and the independent executive agencies of the 1960’s (It would help if you know the independent executive agencies (EPA and OSHA) and the regulatory agencies (FCC SEC etc.)

Know Cost-Benefit Analysis

Know the federal preemption of state authority .

There are some areas that both the federal and state are involved. (Environmental). Both the state and national government can regulate in the same area but the state cannot regulate in an area that is preempted by the national government (Nuclear Power).

Know monopoly, oligopoly, examples of a natural monopoly, and externalities. Be able to give examples of an externality.

What are the arguments opposing the minimum wage.

Tools the president can use to control regulatory policymaking.

Climate of Fear and Hockey Stick Hokum articles. One question from each.

What is the burden of proof in a criminal and civil trial?

What are some criminal cases and civil cases (state)

What is the outcome of a criminal and civil case (How are they different)

For example, monetary fines for civil cases but possible jail time (incarceration) with criminal cases.

State courts handle most of the murders, robberies, rapes, etc. Federal cases ( as discussed earlier) will involve federal property, bankruptcy, two different states with $75,000 or more.

Know plea bargain

Know what affirms and remand means.

Know the highest civil and criminal courts in the state of Texas. Which court would hear the automatic appeal for a capital punishment case? From the District Court, most appeals will go to the Court of Appeals (exception is capital punishment) first. Then depending upon whether civil or criminal, will go to one of the Supreme Courts.

Conditions when an appeal from the Texas Supreme Courts will be heard by the U.S. Supreme Court.

Know the process of the Merit Selection plan

Bonus Questions

Weidenbaum, Tribe, Scalia, and Bork articles.