politics honros ch 14-15

Bureaucracy

- executive branch departments, agencies, boards, and commissions that carry out the responsibilities of the federal government

Federal Regulations

- guidelines issued by federal agencies for administering federal programs and implementing federal law

*cabinet

- set of executive departments responsible for carrying out federal policy in specific areas

*cabinet secretaries

- heads of cabinet departments and chief advisors to the president on the issues under their jurisdiction

federal register

- official published record of all executive branch rules, regulations, and orders

independent agency

- a federal organization that has independent authority and does not operate within a cabinet department

federal regulatory commission

- federal agency typically run by a small number of officials who are appointed by the president for fixed terms and oversee economic or political issues

oversight

- powers of congress to monitor how the executive branch implements the laws

civil service commission

- administers entrance exams for the federal civil service and sets standards for promotion based on merit

merit system

- system of employment under which employees are chosen and promoted based on merit

political appointees

- federal employees appointed by the president with the explicit task of carrying out his political and partisan agenda

schedule C appointees

- federal employees appointed by the president to oversee civil service employees

senior executive service

- senior management personnel in the federal government appointed by the president

whistleblower

- employees who report mismanagement, corruption, or illegal activity within their agencies

adversary process

- confrontational legal process under which each party presents its version of events

appeal

- legal proceeding whereby the decisions of a lower court on a question of law can be challenged and reviewed by a higher court

Court of Appeals

- intermediate federal courts that are above the district courts and below the Supreme Court

civil suit

- lawsuit by a person, organization, or government against another

criminal case

- government prosecution of an individual for breaking the law

district court

- federal trial courts at the bottom of the justice hierarchy

jurisdiction

- lawful authority of a court to hear a case

Judicial Review

- the authority of courts to declare laws passed by Congress and acts of the executive branch to be unconstitutional

en banc

- decision by an entire court of appeals circuit, typically following an original judgment by a three-judge panel of the circuit

precedent

- practice of reaching decisions based on previous decision of other judges

Common Law

- judge-made law in England and that results from gaps in statutory law

marbury v madison

- an 1803 supreme court decisions that established judicial review

petition for writ of certiorari

- request by the supreme court that it reviews a lower court case

plea bargain

- agreement by a criminal defendant to plead guilt in return for. reduced sentence

rule of four

- supreme court rule that grants review to a case if as few as four of the justices support review

class action lawsuit

- lawsuit filed by one person on behalf of that person plus all similarly situated people

amicus curiae

- used to describe individuals or interest groups who have an interest in a lawsuit but are not themselves direct parties to the suit

solicitor general

- official in the justice department who represents the president in the federal court

counter-majoritarian difficulty

- a phrase for the tension that exists for the representative government when unelected judges have the power to strike laws passed by elected representatives

judicial activism

- decisions that go beyond what the law requires, made by judges who seek to impose their own policy preferences on society

judicial restraint

- decision by judges respecting the decisions of the other branches or, through the concept of precedent, the decision of earlier judges

judicial independence

- the ability of judges to reach decisions without fear of political retribution

concurring opinion

- opinion that agrees with the result of the majority opinion but sets a separate rationale

dissenting opinion

- opinion that disagrees with the result of the majority

office management and budget (OMB)

- a federal agency that oversees the federal budget and federal regulations

omnibus bill

- one very large bill that encompasses many bills

administrative law judge

One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.

executive functions

- responsible for making and approving laws and policies, and non-political executives are responsible for implementing approved laws before the people.

15 cabinet positions

Vice President of the United States

Department of State

Department of the Treasury

Department of Defense

Department of Justice

Department of the Interior

Department of Agriculture

Department of Commerce

Department of Labor

Department of Health and Human Services

Department of Housing and Urban Development

Department of Transportation

Department of Energy

Department of Education

Department of Veterans Affairs

Department of Homeland Security

Securities and Exchange Commission

- an independent agency of the government that regulates financial markets and investment companies

expertise

- specialized knowledge (in a particular field); expert skill

self perpetuation

most children are taught to think of themselves as either Democrats or Republicans

Pendleton act

1883 law that created a Civil Service Commission and stated that federal employees could not be required to contribute to campaign funds nor be fired for political reasons

Private contractors

Private companies that contract to provide goods and services for the government

Chevron Case

Whether the courts should defer to an agency's interpretation of a statute giving it authority to act.

notice and comment

A step in the rule-making process in which proposed rules are published in the Federal Register and made available for debate by the general public.

Title IX

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance

fairness

Free from bias, dishonesty, or injustice

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

diversity jurisdiction

the power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount in controversy exceeds $75,000

constitutional basis of bureaucracy

the president's power to nominate and appoint officers of executive departments, from whom he may request advice. The bureaucracy is also based in the president's broad grant of executive power

Explain how one determines whether to file in state or federal court. What are the differences between a criminal and civil case? Are all appeals by right or discretionary? Can you appeal from state to federal court? If so in what kind of cases? How do appeals to the United States Supreme Court work? Can someone file a brief to a Supreme Court case if they are not a party?

- Whether or not you file in state or federal court depends on the jurisdiction.

- State courts handle cases involving state laws, local crimes, and family stuff. Federal courts handle cases regarding federal laws disputes between states, and other constitutional issues.

- Criminal cases involve offenses against the state or federal government that can lead to fines or imprisonment, while civil cases involve disputes between individuals or specific actions.

- Appeals can be by right or discretionary.

- State court decisions can only be appealed to federal courts if there is a federal constitutional or legal issue.

- Appeals to the Supreme Court are usually through a writ of certiorari, which the court can grant.

- Non-parties can file amicus curiae briefs in Supreme Court cases to offer additional perspectives on legal issues.

How will President's Trump proposed changes to the Bureaucracy work. Generally, what is he trying to do? What are the arguments for and against what he is doing. What is Schedule F and how has he tried to implement it? Does he need to get Senate approval for his high-level appointments?

- His changes specifically to schedule F aim to increase political influence over the civil service by making it easier to replace career employees with politcal appointees.

- Schedule F is an executive order that reclassified certain federal positions which took away job protections.

- Supporters believe that it increases accountability and efficiency, while others believe it undermines the merit-based system.

- Trump would need senate approval for high-level appointments, but temporary appointments can be made.