Bureaucratic Politics
Test Bank
Course Introduction
This course explores the dynamics of bureaucratic politics within governmental and organizational settings, examining how agencies, departments, and various actors within the bureaucracy influence policy outcomes and decision-making processes. Through historical case studies and theoretical frameworks, students analyze the interplay between political leaders, bureaucrats, and institutions, considering factors such as organizational culture, internal competition, inter-agency rivalry, and the impact of external pressures. The course also addresses the challenges of accountability, effectiveness, and reform in bureaucratic systems, equipping students with a nuanced understanding of how bureaucratic politics shape public policy and administration.
Recommended Textbook
Administrative Law Bureaucracy in a Democracy 6th Edition by Daniel E. Hall
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11 Chapters
620 Verified Questions
620 Flashcards
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Chapter 1: Introduction
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51 Flashcards
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Sample Questions
Q1) The Administrative Procedure was enacted in:
A) 1926
B) 1936
C) 1946
D) 1956
Answer: C
Q2) Which of the following agencies was NOT created during the New Deal to revive the economy during the Great Depression?
A) Tennessee Valley Authority
B) Works Progress Administration
C) Civilian Conservation Corps
D) Department of Homeland Security
Answer: D
Q3) The federal Administrative _______ Act is the comprehensive statute governing the procedures that agencies must follow when performing their functions.
Answer: Procedure
Q4) One particular concern with administrative law involves the rights of _____ whendealing with administrative agencies.
Answer: individuals
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Chapter 2: Bureaucracy and Democracy
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50 Flashcards
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Sample Questions
Q1) Explain why the U.S.Supreme Court invalidated the line item veto in Clinton v.City of New York.
Answer: Based on the same reasoning in INS v.Chadha,the U.S.Supreme Court held that Congress could not bypass the bicameralism requirement (both the House and Senate must pass laws)with the line item veto.The Court took a strict adherence to the doctrine of separation of powers.
Q2) What is the name of the U.S.Supreme Court case where the Court found the line-item veto unconstitutional?
A) Clinton v. New York
B) INS v. Chadha
C) Myers v. U.S.
D) Buckley v. Valeo
Answer: A
Q3) The Secretary of the U.S.Department of Labor is called to testify before Congress concerning activities of the agency.Congress engages in oversight of agencies through
Answer: committees
Q4) The Attorney General of the United States is appointed by the _____.
Answer: President
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Chapter 3: Agency Discretion
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58 Flashcards
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Sample Questions
Q1) Mediation is also known as conciliation.
A)True
B)False
Answer: True
Q2) Which of the following is not a method that may be available to an agency charged with protection of the public?
A) A mandatory recall of a defective product
B) Imposing mandatory and binding arbitration regarding the agency's dispute with a manufacturer producing a defective product without prior agreement
C) Issuance of a cease and desist order stopping production of a defective product
D) All of the above can be valid exercises of an agency's right to protect the public.
Answer: B
Q3) The APA provides that an agency may issue a(n)_____ order to resolve questions of law that have arisen but have not yet been contested.
Answer: declaratory
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5
Chapter 4: The Requirement of Fairness
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Sample Questions
Q1) Due process always requires that a formal hearing be conducted.
A)True
B)False
Q2) Interpretation of the Fifteenth Amendment was the primary issue in:
A) Goss v. Lopez
B) Perry v. Sindermann
C) Goldberg v. Kelly
D) Rice v. Cayetano
Q3) Due process cost-benefit analysis focuses on the costs and benefits of additional _____.
Q4) At one time,interests in receiving governmental rights or entitlements were notcovered by due process requirements.
A)True
B)False
Q5) Name the three tests that courts use to determine whether a law or action violates the Equal Protection Clause.How do they differ and do you believe that it is necessary to have three separate tests or could one test suffice?
Q6) Discuss the main three interests protected by the Due Process Clauses.
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Chapter 5: Delegation
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60 Flashcards
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Sample Questions
Q1) In which of the following was a Congressional delegation of authority found improper?
A) Lichter v. United States
B) Arizona v. California
C) Panama Refining Co. v. Ryan
D) Crowell v. Benson
Q2) Congress may delegate the adjudication of public rights to non-Article III courts.
A)True
B)False
Q3) Article III judges enjoy a lifetime appointment to the bench.
A)True
B)False
Q4) A delegation of legislative authority is constitutional if Congress establishes thenation's fundamental legislative policy and leaves only "gap filling" to the agency.
A)True
B)False
Q5) Explain three ways how a delegation by Congress may violate the U.S.Constitution.
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Chapter 6: Agency Rulemaking
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55 Flashcards
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Sample Questions
Q1) "Notice and comment" rulemaking is known as _____ rulemaking.
Q2) Hybrid rulemaking requirements may be imposed by:
A) the Congress only
B) the President only
C) either the Congress and/or the President
D) None of the above. Only the judiciary exercising judicial review may mandate hybrid rulemaking requirements.
Q3) The FDA does not have the authority to regulate tobacco and tobacco products. A)True
B)False
Q4) The process whereby agencies establish law to implement or perform a statutory duty is known as _____.
Q5) The APA does not require that the following factor be considered when determiningthe appropriateness of negotiated rulemaking in a given situation:
A) the need for a rule
B) whether it's likely that a committee will reach a decision
C) the experience and qualifications of committee members
D) the likelihood that the agency will use the negotiated rule
Q6) Explain the difference between rulemaking and adjudication.
Page 8
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Chapter 7: Agency Investigations and Information Collection
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58 Flashcards
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Sample Questions
Q1) Exceptions for agency-related area searches,based on warrants issued without ashowing of probable cause:
A) apply only to individuals
B) apply only to businesses
C) apply to both individuals and businesses
D) are unconstitutional; warrants must always be supported by probable cause
Q2) Discuss whether mandatory AIDS testing of prison inmates without having probable cause or a warrant violates the Fourth Amendment.
Q3) Common law and statutory privileges such as attorney-client,husband-wife,anddoctor-client are not applicable or effectual regarding administrative agency search andreporting powers.
A)True
B)False
Q4) Requiring that records be held by an individual or business subject to review by theagency is called reporting.
A)True
B)False
Q5) Generally,blood,drug,or urine testing to uncover criminal activity requires _____.
Page 9
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Chapter 8: Formal Adjudications
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Sample Questions
Q1) Rulemaking decisions made by agencies are considered orders.
A)True
B)False
Q2) Written statements propounded by one party that must be responded to by the other party by admitting,denying,or objecting to each statement are called requests for _____.
Q3) There is no findings requirement for ____adjudications (hearings).
Q4) Recusal is the disqualification of a judge or administrative hearing officer because ofbias or interest regarding the case.
A)True
B)False
Q5) Which of the following automatically becomes final unless appealed?
A) Initial decisions
B) Recommended decisions
C) Preliminary decisions
D) All of the above
E) None of the above
Q6) The procedures used for formal _____ are borrowed from formal adjudication.
Q7) Written questions presented to a party to be answered under oath and in writing are called _____.
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Chapter 9: Accountability Through Reviewability
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Sample Questions
Q1) Under the common law,standing required a showing of:
A) a violation of a legally protected right
B) personal injury
C) financial injury
D) a violation of a legally protected right and/or personal injury
E) personal injury and/or financial injury
Q2) The U.S.Supreme Court has held that taxpayers may have ____ if a nexus between thetaxpayers' status and the expenditure can be shown and it can be shown that the statute exceeds a constitutional limitation.
Q3) Under the _____ standard of review,courts review agency decisions anew with no deference given to the agency's factual findings.
Q4) Mixed questions of law and fact decided upon by an agency are required under theAPA to be subject to a substantial evidence standard of review. A)True
B)False
Q5) The degree to which a court defers to an agency's decision is known as a standardof
Q6) Explain the common law writs for review.
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Chapter 10: Accountability Through Accessibility
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Sample Questions
Q1) Law suits brought by submitters of records to agencies to prevent disclosure ofinformation are known as reverse FOIA suits.
A)True
B)False
Q2) When an agency is required to disclose a document but blacks out or otherwiseconceals exempted information,the information is said to be: A) redacted B) revoked C) rescinded D) repealed
Q3) The Freedom of Information Act (FOIA)provides that no fee can be charged for thefirst ___ hours of search time or for the first 100 pages of copying,except for commercialrequesters.
Q4) A federal prisoner incarcerated on racketeering and drug-related convictions brings an action against the U.S.Department of Justice (DOJ)alleging violation of the Government in the Sunshine Act in connection with his requests for a variety of records that he believes would exonerate him and show government misconduct.Describe the purpose of the Government in the Sunshine Act and how the act could help the prisoner.
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Chapter 11: Accountability Through Liability
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Sample Questions
Q1) When the government institutes regulations that prohibit a property owner from using his or her property as he or she intended,the property owner can argue that the government action constitutes a _____ taking.
Q2) With exceptions,the Eleventh Amendment generally provides immunity for states from liability in federal courts.
A)True
B)False
Q3) Under the Federal Tort Claims Act,law enforcement officers are currentlyimmunized against:
A) false arrest
B) battery
C) assault
D) deceit
Q4) Which amendments to the U.S.Constitution require the government to pay justcompensation to the property owner for takings?
A) Fifth and Fourteenth Amendments
B) Fifth and Fifteenth Amendments
C) Fourth and Fourteenth Amendments
D) Fourth and Tenth Amendments
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