bureaucracy and judiciary

Checks on the Bureaucracy

Oversight by executive (president appoints and removes agency heads) and legislative branches (congressional hearings and control over budgets).

Iron Triangle

A stable relationship between a bureaucratic agency, an interest group, and a congressional committee that works to influence policy.

Issue Networks

A temporary coalition of interest groups, experts, media, and government officials that collaborate to influence policy on a specific issue.

Discretionary Authority

The ability of bureaucrats to interpret laws and make decisions not explicitly stated by legislation.

Judicial Activism

Judges interpret the Constitution broadly and apply it to modern circumstances.

Judicial Restraint

Judges interpret laws strictly, adhering to the original meaning of the Constitution.

Judicial Review

The power of the Supreme Court to declare laws or actions unconstitutional.

Writ of Certiorari

An order from the Supreme Court to a lower court to send up case records, requiring agreement from four justices.

Amicus Curiae Brief

A brief submitted by someone not directly involved in a case to influence the Court's decision.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Checks on the Judiciary

Oversight functions of the executive and legislative branches on judicial actions, including appointments and constitutional amendments.

Federalist #78 - Key Points

Hamilton argued the judiciary is the weakest branch, judges should have lifetime tenure, and judicial review ensures adherence to the Constitution.

Judicial review permits SCOTUS to overrule all except:

The Bill of Rights; the Supreme Court cannot overrule constitutional rights.

Concurring opinion means:

Justices agree on the ruling but for different reasons.

Antonin Scalia’s quote reflects:

Judicial Restraint (strict interpretation of the Constitution).

Writ of Certiorari:

Order to send case records to SCOTUS, requiring Rule of Four.

Litmus test example:

Senate Judiciary Committee questions nominees about ideology.

EPA decision taken to court is an example of:

Adversary culture (people challenge bureaucratic decisions).

Madison argued the president should fire federal employees because:

Ensures control over subordinates.

Cabinet members often don’t influence the president because:

Their agency goals conflict with presidential priorities.

Discretionary authority allows bureaucrats to:

Make policies not explicitly spelled out by laws.

Bureaucratic imperialism means:

Agencies grow regardless of costs or benefits.

Those who complain about litmus tests are usually:

Out of power (because they dislike ideological bias).

Federal courts follow precedent because:

Equal justice requires similar cases to be decided the same way.

Bureaucratic power comes from:

The ability to set rules after Congressional authorization.

Congress cannot control bureaucracy by:

Firing agency heads (only the president can).

Discretionary authority is held by:

Bureaucracy (decides how to implement laws).

Most federal cases start in:

District courts.

Supreme Court justices have lifetime tenure to:

Keep them free from political pressure.

SCOTUS selects its cases based on:

The Court chooses its own cases with some limits.

Stare decisis means:

Judges follow precedent.

SCOTUS grants certiorari to:

Less than 1-2% of appealed cases.

Bureaucratic inefficiency helps:

Protect liberties (prevents rash decisions).

Reducing waste requires:

Red tape (strict regulations).

"Courts are the last resort for the powerless" supports:

Judicial activism (using courts for social change).