The Bureaucracy & Judicial Branch Test Study Guide

Bureaucracy

A system of managing government through departments run by appointed officials; characterized by a hierarchy and specialized functions.

Red tape

Excessive regulation or rigid conformity to rules that can hinder decision-making and efficiency in the bureaucracy.

Pendleton Act (1883)

Ended the spoils system; created a merit-based civil service system to reduce corruption and favoritism.

Discretionary authority

The ability of bureaucrats to choose how to implement laws passed by Congress.

Rulemaking

The process by which bureaucratic agencies create regulations to enforce laws.

Iron triangles

A stable relationship between a bureaucratic agency, a congressional committee, and an interest group.

Issue networks

More informal and temporary alliances among various stakeholders (interest groups, media, experts).

Government corporations

Government agencies that operate like businesses (e.g., USPS, Amtrak).

Independent executive agencies

Agencies that exist outside the cabinet departments but report directly to the president (e.g., NASA).

Cabinet departments

Major administrative units responsible for specific policy areas (e.g., Department of State, Defense).

Independent regulatory commissions

Agencies designed to be free from political influence and regulate specific economic activities (e.g., FCC, SEC).

Clientele groups

Special interest groups that benefit from and support a specific bureaucratic agency.

Oversight

The process by which Congress monitors the activities of the bureaucracy.

Congressional checks

Funding, hearings, and legislation used by Congress to limit or direct bureaucratic actions.

Presidential checks

Appointments, executive orders, and budget proposals that influence the bureaucracy.

Judicial checks

Courts can declare agency actions unconstitutional or beyond their legal authority.

Merit system

Jobs awarded based on qualifications and exams.

Spoils system

Jobs given as political favors.

Judicial restraint

Courts should defer to elected branches unless clearly unconstitutional.

Judicial activism

Courts should actively correct injustices and interpret the Constitution broadly.

Judicial independence

Judges are free from outside influence, allowing impartial decisions (life terms, protected salary).

Judicial Review

The power of courts to declare laws or executive actions unconstitutional (established in Marbury v. Madison).

Structure of the federal court system

District Courts → Courts of Appeals → Supreme Court.

Dual court system

Separate federal and state court systems operating simultaneously.

Original jurisdiction

Authority to hear a case first.

Appellate jurisdiction

Authority to review a lower court’s decision.

Original jurisdiction of the Supreme Court

Includes cases involving ambassadors, public ministers, or disputes between states.

Judiciary Act of 1789

Established the federal court structure and gave the Supreme Court power to issue writs of mandamus (later declared unconstitutional in Marbury).

Checks on the federal courts

Amendments, judicial appointments, impeachment.

Federal courts’ checks on other branches

Judicial review of laws and executive actions.

Stare decisis

Let the decision stand; courts follow precedent.

Precedent

A prior case whose principles are used to decide current cases.

Types of Supreme Court Opinions

Majority: The official decision and reasoning of the Court; Dissenting: Disagrees with the majority; Concurring: Agrees with outcome, not reasoning; Per curiam: Unsigned brief opinion from the Court as a whole.

Anti-Federalist concerns about the judiciary

Feared an unelected, powerful judiciary would dominate other branches and limit liberty.

Rule of Four

At least four justices must agree to hear a case before it’s accepted by the Supreme Court.

Characteristics of Supreme Court nominees

Experience, ideology, diversity, judicial temperament, background checks.

Why Supreme Court nominees matter to presidents

They can influence law and policy for decades; part of a president’s legacy.

Strict constructionist

Interpret Constitution narrowly, based on original intent.

Loose constructionist

Interpret more broadly to reflect modern conditions.

Writ of certiorari

Order from the Supreme Court to a lower court to send up records for review.

Judicial conference

Private meeting of justices after oral arguments to discuss and vote on cases.