The Function Of Bureaucracy In The United States

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Question 2- Bureaucracy Bureaucracy is defined as “A large organization which is structured hierarchically to carry out specific functions,” however not everyone agrees on how exactly it should or even currently functions (Chapter 13). There are four prominent theories as to how bureaucracies should run, with the first being the classic Weberian model. This model, envisioned by German sociologist Max Weber, involves a clear hierarchy of power that flows from the top down and which operations depend solely on logical analysis and the law (Chapter 13). The second theory, known as an acquisitive model, states that top level bureaucrats constantly seek to expand the size of their staff and budgets as to increase their power and influence (Chapter …show more content…

Common law is based on decisions made by judges in court rulings as opposed to laws passed by legislature (Chapter 14). Once a decision is reached in a court case, then that decision because precedent for all similar future cases. An example of this practice is the precedent set by the case of Gitlow V. New York, in which Gitlow filed a lawsuit after being imprisoned for criminal anarchy after publishing a paper called “the left wing manifesto,” (Gitlow V. New York). This case would be ruled that the 14th amendment of the United States had extended the limits of the federal government's authority, specifically in regard to the first amendment and the freedom of speech. This set a precedent that defined that every provision of the bill of rights applies to both state and federal governments. This case was cited numerous times, such as in the cases of De Jonge V. Oregon, Wolf V. Colorado, and Gideon V. Wainwright. Common law principles are not universally used by governments around the world, but are in fact only used by a few countries such as the United States, the United Kingdom and Australia. Despite this, Common Law is an effective way to organize the United State’s judicial system. Common law arises from court cases, and therefore are often used to clarify specific details of how a pre-existing law should be interpreted. Common law also creates consistency within the legal system, setting precedents for how future cases should be ruled. This also means that common law allows for a more flexible body of law, reacting and changing when necessary, and much faster than laws that must pass through legislation. Common law is also able to overlook any political bias, as they are not affiliated with any specific ideology or party, creating less biased rulings, even if they undermine the agendas of the political party in power. All in all, he common law practiced by the

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