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Lecture 13

COMPLETE The Policymaking Process Lecture 13 Notes (4.0ed this course!)

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Political Science
CAS PO 331
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Lecture #13/MidtermReview Tuesday, March 4, 2014 9:32 AM Judiciary (Cont.) - Courts and principal agent relations ○ Judges are agents of the people, Congress and the president  People and organizations can send briefs to the court to judge in a certain way  Not much can be done to "discipline" the courts □ Judges can be impeached and president has the power to appoint ○ Other branches implement the laws, people view judiciary as the weakest ○ Supreme Court can reverse decisions but cannot removelower court judges ○ Types of judges  Originalism: Constitution should be read as written □ Conservativeand bound to the words of the Constitution □ In case the Constitution is silent, the states have the say □ Pros  Not straying too far from the spirit of the country  Consistency of the laws  Objective decision  Judicial activism:Constitution is a living and breathing □ Interpreted and enumerated rights (rights not in the Constitution)  Right of privacy □ Framers allowed the constitution to be interpreted knowing the limitation of knowledge □ Pros  Founders anticipated changes in society  Language of the Constitutionis old and product of its time  Changes in the national mood  Supreme Court is currently ideologically divided □ Liberal: Ginsberg, Sotomayor,Kagan, Breyer □ Conservative:Roberts, Scalia, Thomas, Alito □ Swing: Kennedy Midterm Review - Policy models ○ Rational actor model  Set goals --> Gather all of the information--> Consider all the alternatives --> Cost benefit analysis □ Critiques of the model  Unrealistic amount of informationrequired  Goal consensus and solutions (Stone) ○ Incrementalism:Lindbolm  Branch method:Limited analysis and few alternatives(non-comprehensiveanalysis) □ Fairly close to the status quo □ Can learn from prior mistakes and the system adjusts quicker □ Good policy: Whe
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