Bureaucracy and Judiciary Test

No

Adjudication

When a federal agency settles disputes or enforces compliance through quasi-judicial proceedings.

The Fourth Branch

A nickname for the federal bureaucracy because of its large influence on policy implementation, rulemaking, and enforcement.

Largest government corporation

USPS

Original three departments

State, Treasury, and War.

Civil War's effect on bureaucracy

Expanded the federal workforce and created new agencies to handle war logistics and veterans' needs.

Pendleton Act (1883)

Established that government jobs should be awarded on merit, not political affiliation; created the Civil Service Commission.

Spoils System influence

Rampant patronage and corruption led to public outrage, which inspired the Pendleton Act and Civil Service Reform.

First independent regulatory agency

Interstate Commerce Commission (ICC), 1887.

Departments created after the Great Depression

Social Security Administration (SSA), Securities and Exchange Commission (SEC), Federal Deposit Insurance Corporation (FDIC), and others under FDR's New Deal.

Political Activities Act of 1939 (Hatch Act)

Prohibited federal employees from engaging in partisan political activities.

General Accounting Office (GAO)

Now called the Government Accountability Office; audits and investigates how federal funds are spent.

1993 Federal Employees Political Activities Act

Relaxed Hatch Act restrictions, allowing most federal workers to participate in politics off duty.

Administrative Procedures Act (1946)

Requires agencies to publish proposed rules and allow public comment before implementation.

Leadership protection

Many top officials serve fixed terms and can only be removed 'for cause,' protecting them from political retaliation.

Government corporation

A government-owned business providing services that could be private. Examples: USPS, Amtrak, FDIC, Tennessee Valley Authority (TVA).

Independent regulatory commission

Agencies that regulate parts of the economy and operate independently of executive control. Examples: SEC, FCC, Federal Reserve Board.

Independent executive agency

Agencies not in a department but under presidential control. Examples: NASA, EPA, CIA.

Iron triangles

Mutually beneficial relationships among bureaucratic agencies, congressional committees, and interest groups

Bureaucratic powers

Executive: Implement/enforce laws. Legislative: Make rules/regulations. Judicial: Adjudicate disputes through hearings.

Accountability

President: Appoints/removes leaders, issues executive orders. Congress: Controls funding, conducts oversight hearings. Judiciary: Reviews agency actions for legality.

Problems with bureaucracies

Red tape, inefficiency, duplication, lack of accountability (e.g., Atomic Energy Commission controversy)

Standard operating procedures (SOPs)

Established rules to ensure consistency and efficiency.

Administrative discretion

Freedom agencies have to decide how to implement laws

Command and control policy

Government sets strict rules and punishes violators

Incentive system

Rewards or economic incentives encourage compliance instead of punishment.

Deregulation

Reduction or elimination of government rules over industries.

Homeland Security Act (2002)

Created the Department of Homeland Security, reorganizing agencies to address terrorism threats.

Article III of the Constitution

Establishes the judicial branch, including the Supreme Court, and defines judicial power.

Original jurisdiction of Supreme Court

Cases involving states, ambassadors, or public ministers.

The Supreme court hears a case when

When constitutional or federal law issues are involved

State courts handle

State laws, civil and criminal cases under state jurisdiction.

Federal courts handle

Constitutional issues, federal laws, treaties, disputes between states or citizens of different states.

Judicial review

Power of courts to declare laws or executive acts unconstitutional (Marbury v. Madison).

Judiciary Act of 1789

Created lower federal courts.

Chisholm v. Georgia (1793)

Allowed citizens to sue states; led to the 11th Amendment.

Marbury v. Madison (1803)

Established judicial review.

Federalist #78

Hamilton's defense of judicial independence and lifetime appointments.

11th Amendment

Prohibits citizens from suing states in federal court.

Precedent

Past judicial decision used as a guide for future cases.

Stare decisis

Doctrine of following precedent.

Per curiam

A brief, unsigned court opinion.

District Courts, Circuit Courts, Supreme Court

Trial, appellate, and highest courts in the federal system.

Trial courts

Hear evidence and determine facts.

Appellate courts

Review legal issues, not facts, from lower courts.

Jurisdiction

Authority of a court to hear a case.

Original jurisdiction

Court's power to hear a case first.

Dual court system

Separate state and federal court systems.

Constitutional courts vs. legislative courts

Constitutional courts (Article III) have lifetime judges; legislative courts are created by Congress for specific purposes.

Nomination process

President nominates; Senate confirms; background checks and hearings by Senate Judiciary Committee.

Senatorial courtesy

President consults senators from a nominee's home state before appointment.

African-American justices

Two: Thurgood Marshall and Clarence Thomas.

Judicial activism

Judges interpret Constitution broadly, shaping policy.

Judicial restraint

Judges defer to legislatures and precedent.

Judicial conservatism

Interprets Constitution narrowly, favors limited government.

Judicial liberalism

Interprets Constitution broadly, often expands rights and government roles.

Writ of certiorari

Supreme Court order to review a lower court's decision.

Rule of four

Four justices must agree to hear a case.

Amicus curiae ("friend of the court")

Third-party briefs offering arguments or expertise.

Attorney General

Head of the Department of Justice; top law enforcement officer.

Solicitor General

Represents the federal government before the Supreme Court.