4/5/06 Agenda Quiz on reading Check Reading Notes Finish Lecture: Civil Liberties The Bureaucracy

1. 4/5/06 Agenda Quiz on reading Check Reading Notes Finish Lecture: Civil Liberties The Bureaucracy

2. Please get out a separate sheet of paper. Thank you! Title the paper Chapter 17 Quiz and put your heading in the upper right corner. Number the paper 1-4.

3. The job of the Office of Personnel Management is to… Hire people for all government jobs Handle discipline problems with employees Handles laws, rules, and regulations of government jobs Handle criminal investigations for government officials accused of wrongdoing

4. 2) The main job of the bureaucracy is to… Criticize and advise the executive branch on policy decisions Serve as advisors for the legislative branch Implement policy after a bill has been signed into law Control how much money goes to different bureaucratic agencies

5. 3) A government corporation is a… A) Cross between a business and a government agency B) A business that also governs a country C) A business that lets its workers vote for the leadership D) A non-profit organization

6. 4) The 1939 Hatch act: A) Placed severe limitations on political participation for civil service employees B) Set temperature rules for incubators C) Made it easier for civil service employees to participate in politics D) Has never been amended or changed.

7. Check Reading Notes (Period 2: Check Ch.5 Reading Notes also)

8. Please open your Interactive Notebook to page 80. Thank you! Title the page Civil Liberties and get ready to take lecture notes.

9. Civil Liberties

10. The Politics of Civil Liberties • Civil liberties: protections the Constitution provides against the abuse of government power • State ratifying constitutions demanded the addition of the Bill of Rights

11. The Fourteenth Amendment (1868) • Due Process Clause: “no state shall deprive any person of life, liberty or property without due process of law” • Equal Protection Clause: “no state shall deny to any person within its jurisdiction the equal protection of the laws”

12. Incorporation • 1925 (Gitlow v. New York): declared federal guarantees of free speech and free press also applied to states • 1937 (Palko v. Connecticut): certain rights must apply to the states because they are essential to “ordered liberty” and they are “principles of justice” • These cases begin the process of “selective incorporation”

13. The First Amendment • The First Amendment protects freedom of speech, press, assembly, religion and petition. • Freedom of religion is protected in two clauses • The Free Exercise Clause • The Establishment Clause

14. Freedom of Expression • As a general rule, the Court does not permit restraint of material prior to publication (Pentagon Papers case). • There are limitations on freedom of expression, including speech that presents “a clear and present danger,” defamation, and obscenity.

15. Defamation • Libel: a written false statement defaming another • Slander: a defamatory oral statement • Public figures must also show the words were written with “actual malice”—with reckless disregard for the truth or with knowledge that the words were false.

16. Obscenity • Miller v. California (1973): judged by “the average person, applying contemporary community standards” to appeal to the “prurient interest” or to depict “in a patently offensive way, sexual conduct specifically defined by applicable state law” and lacking “serious literary, artistic, political, or scientific value”

17. Symbolic Speech • Some speech can be made illegal, even though it conveys a political message (example: burning a draft card). • However, statutes cannot make certain types of symbolic speech illegal: e.g., flag burning is protected speech.

18. Commercial Speech • Commercial speech, such as advertising, can be restricted; the FTC prohibits false claims. • In FCC v. Pacifica (1978) the Court upheld restrictions on foul language over the public airways.

19. The Free Exercise Clause • Insures that no law may impose particular burdens on religious institutions • Prohibits abridgement of the freedom to worship (or not to worship) • Some conflicts between religious freedom and public policy continue to be difficult to settle.

20. The Establishment Clause • Government involvement in religious activities is constitutional if it meets the following test (Lemon v. Kurtzman, 1971): • Secular purpose • Primary effect neither advances nor inhibits religion • No excessive government entanglement with religion

21. Rights of Defendants • The Fourth Amendment protects against unreasonable searches and seizures and requires search warrants. • The Fifth Amendment protects against self-incrimination. • The Sixth Amendment says the accused has a right to counsel. • The Eighth Amendment prohibits excessive bail and cruel and unusual punishment.

22. Exclusionary Rule • Exclusionary rule (Mapp v. Ohio, 1961): evidence gathered in violation of the Constitution cannot be used in a trial • Stems from the Fourth Amendment (freedom from unreasonable searches and seizures) and the Fifth Amendment (protection against self incrimination)

23. Search and Seizure • With a properly obtained search warrant: an order from a judge authorizing the search of a place and describing what is to be searched and seized; judge can issue only if there is probable cause • What can the police search, incident to a lawful arrest? • The individual being arrested • Things in plain view • Things or places under the immediate control of the individual

24. Confessions and Self Incrimination • Miranda case: confessions are presumed to be involuntary unless the suspect is fully informed of his or her rights • Miranda rights apply once a suspect is in custody.

25. The Right to Counsel • The Sixth Amendment provides the accused with a right to have the assistance of counsel for his defense. • Gideon v. Wainright (1963) says that the state must provide an attorney in felony cases if the accused cannot afford one. This was an unfunded mandate.

26. The Death Penalty • Furman v. Georgia (1972): the death penalty, was applied in a freakish and random fashion and was, in this particular case, unconstitutional. • States rewrote their death penalty statutes to include aggravating and mitigating factors • Gregg v. Georgia (1976): the death penalty is an expression of society’s outrage.

27. Please open your Interactive Notebook to page 82. Thank you! Title the page The Bureaucracy and get ready for more notes. Yay!

28. I. The Federal Bureaucracy A. Any organization with job specialization and formal rules, not privately owned, hierarchical authority. 1. Bureaucrat: a person in a bureaucracy. 2. Purpose is to carry out the policy decisions of President and Congress. 3. General Motors, the Southern Baptist Convention, the Catholic Church, and the Department of Justice are all examples of bureaucracies. (Note: some are not affiliated with the government)

29. B. Major Elements 1. Nearly all Federal bureaucracy is the executive branch. 2. The Constitution gives almost NO guidance 3. Three major agencies: the Executive Office of the President; the 14 cabinet departments; and independent agencies. 4. They affect public policy as follows: a. delaying implementation of policy b. writing rules c. enforcing such rules d. adjudicating conflicting interests.

30. C.The Name Game 1. "department“-- agencies of cabinet rank 2. "administration" or "agency“-- any governmental body headed by a single administrator of near-cabinet rank. “Agency and “administration” are used interchangeably. 3. ”Commission”--agencies charged with regulation of business. 4. "corporation" and "authority" : agencies with a board and a manager who conduct business-like activities. 5. The above terms are not used consistently.

31. E. Civil Servants (GS workers) 1. An employee of the federal government hired on merit rather than political affiliation. There are approximately three million civil servants (17 million if state and local public employees are included) in government. 2. Until 100 years ago, a person got a job with the government through the spoils system (Andrew Jackson) 3. Assassination of Garfield (1881)The Pendleton Act of 1883 created a system in which federal employees were chosen on the basis of merit, not the spoils system. 4. President Jimmy Carter improved the system with the the Civil Service Reform Act of 1978. Reforms included: a. The Office of Personnel Management (OPM), which tests and hires federal workers. b. The Merit System Protection Board which enforces the merit system. c. Today, most federal agencies are covered by some sort of civil service system, based on the merit principle.

32. 5. The Hatch Act a. Non-partisan civil service meant insulating government workers from being fired when a new party comes to power. b. The Hatch Act (1939) prohibited civil servants from active participation in partisan politics. After revision in 1993, civil servants could: 1) Vote in primary elections 2) Contribute money to a political party 3) Attend apolitical rally, and 4) Place a bumper sticker on their personal property 5) PRIOR to1993 , civil servants were prohibited from campaigning 6. Salaries are proposed by the Civil Service System. At low/ middle levels, pay is comparable to the private sector. At higher levels, it is lower. Example: the Secretary of Transportation paid less than CEO of General Motors.

33. II. The Executive Departments and the Independent Agencies･ A. The Cabinet 1.Cabinet:Presidential advisory body, composed of heads of the executive departments and other officers the President chooses. 1. The head of each department is the secretary, except for the Justice Department which is headed by Attorney General. 2. Department secretaries appointed by the President with approval of Senate. Cabinet members can be fired by the President. 3. Together, the department secretaries serve as the President's cabinet. (page 369 in textbook) 4. Cabinet departments organized into units based on geography. A cabinet member has "gone native" when he/she places their priorities above the president’s priorities B. Independent Agencies 1. Is created by Congress. Operates outside the cabinet 2. Is part of the executive branch of government. 3. Four reasons why they exist outside the cabinet. a. Functions don’t fit into the existing departments. b. Independent to protect officials from political pressures c. Some are Independent to make them responsive to interest-group pressures d. Some are independent because of the sensitive nature of their functions.

34. 4. There are three types of independent agencies: a. independent executive agencies b. independent regulatory commissions c. government corporations. 5. The Office of Personnel Management, the Peace Corps and the Civil Rights Commission are independent executive agencies which are "supposed" to be free from political influence. 6. Executive departments, on the other hand, are supposed to be biased. a. Department of Labor which was created for labor unions b. Department of Veterans' Affairs represents military veterans. c. Unions and veterans are important groups in American politics.

35. C. The Independent Executive Agencies 1. Examples: The Civil Rights Commission and Peace Corps. 2. Organized under a single administrator and have subunits that operate on a regional basis. D. The Independent Regulatory Commissions (Agencies) 1. Created to regulate the nation's economy. 2. Are quasi-legislative bodies which operate largely outside presidential control. a. Members are appointed by the President and approved by the Senate. They CANNOT be removed by the President at will. b. Members often have experience in the industry they regulate. (Can lead to Iron triangles) c. These commissions must have members of both parties. d. Members cannot be removed for political reasons. 3. These regulatory bodies possess all three powers - executive, legislative, and judicial - are exceptions to the principle of separation of powers.

36. E. The Government Corporations 1. Provide a service that can be handled by the private sector. These corporations are in the executive branch, controlled by the President. 2. Officers appointed by the President with Senate confirmation and are public officials. Postal Service and Tennessee Valley Authority are examples of government corporations. 3. Controversy: are government corporations accountable to the public? Advantage most often claimed is their flexibility. III. Understanding Bureaucracies A. Presidents and Congress have difficulty in controlling bureaucracies due to the existence of "iron triangles.” (refer back to earlier notes for information on this)