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Patronage
- the practice of giving government jobs or political favors to supporters, friends, or loyal party members.
- It was common in the 19th century and often rewarded political loyalty rather than qualifications.
- Today, civil service reforms have reduced patronage, emphasizing merit-based hiring instead.
Stare Decisis
- a legal principle meaning "to stand by things decided."
- It requires courts to follow previous judicial decisions (precedents) when the same points arise again in litigation.
- This ensures consistency, stability, and predictability in the law over time.
Judicial Review
- the power of the courts to examine laws, executive actions, or lower court decisions to determine whether they violate the Constitution.
- Established in Marbury v. Madison (1803), it allows the Supreme Court to strike down unconstitutional acts.
- This power serves as a check on the legislative and executive branches.
Discretionary Authority
- refers to the power given to bureaucratic agencies to make decisions and interpret laws within broad legislative guidelines.
- Agencies use this authority when specific details are not outlined in laws passed by Congress.
- It allows experts to create policies and rules that address complex or technical issues.
Life Tenure
-means federal judges, including Supreme Court justices, serve for life unless they resign, retire, or are removed by impeachment.
- This is intended to shield them from political pressures and allow them to make decisions based solely on the law.
- It helps ensure judicial independence and consistency over time.
Rulemaking Authority
- the power of executive agencies to create regulations that have the force of law.
- Congress grants this power to agencies to fill in the details of legislation and address specific policy areas.
- These rules guide how laws are implemented and affect how individuals and organizations behave.
Jurisdiction
- a court's legal authority to hear and decide a case.
- It can be based on geography, subject matter, or the parties involved.
- Without proper jurisdiction, a court cannot issue a legally binding decision.
Precedent
- a previous court decision that guides future cases involving similar facts or legal issues.v
- Courts often rely on precedents to ensure consistency and fairness in the legal system.
- They can either follow or, in rare cases, overturn them if societal views or legal interpretations change.
Civil Service
- refers to the system of hiring and promoting government employees based on merit and qualifications rather than political connections.
- This system ensures a professional, stable, and nonpartisan workforce.
- It replaced the patronage system and is designed to improve efficiency and fairness in government.
Implementation
- the process of putting laws and policies into action by government agencies.
- After Congress passes a law, agencies create regulations, enforce rules, and oversee programs to achieve the law's goals.
- Effective implementation determines whether a policy achieves its intended outcomes.
Federalist No. 78
- Written by Alexander Hamilton, argues for the independence of the judiciary and supports life tenure for judges.
- Hamilton explains that courts are the "least dangerous" branch because they rely on judgment, not force or will.
- He also emphasizes the importance of judicial review to protect the Constitution and individual rights.
Judicial Independence
- means that courts operate free from influence or pressure from the other branches of government or public opinion.
- This ensures judges make decisions based solely on the law and Constitution.
- Independence is protected by life tenure, fixed salaries, and separation of powers.
Iron Triangle
- the close, stable relationship between a congressional committee, a bureaucratic agency, and an interest group.
- These three groups work together to shape policy, exchange information, and support each other's goals.
- While effective for policymaking, iron triangles can sometimes lead to favoritism or lack of accountability.
Supreme Court
- the highest court in the United States and the final authority on constitutional interpretation.
- It hears cases that involve significant legal questions or conflicts among lower courts.
- Its decisions set binding precedents that shape American law and society.
Judicial Restraint
- the philosophy that judges should interpret the Constitution narrowly and defer to the decisions of elected branches unless laws clearly violate the Constitution.
- Judges using this approach avoid overturning laws or setting broad precedents.
- It reflects a belief that policymaking should mainly be done by legislatures.
Marbury v. Madison
- was a landmark Supreme Court case that established judicial review.
- The Court ruled that it had the power to declare acts of Congress unconstitutional.
- This decision significantly strengthened the judiciary's role as a co-equal branch of government.
Judicial Activism
- the philosophy that judges should interpret the Constitution more broadly and use their power to promote justice, equality, or social change.
- Activist judges are more likely to strike down laws or create new precedents.
- Critics argue it allows judges to overstep their role, while supporters say it helps protect rights.
Legitimacy of the Supreme Court
- refers to public trust and acceptance of its authority to interpret the law and Constitution.
- Its legitimacy depends on perceptions of fairness, impartiality, and adherence to legal principles.
- If the Court is seen as too political, its decisions may face public resistance.
Article III of the U.S. Constitution
- establishes the judicial branch of the federal government.
- It outlines the structure, powers, and jurisdiction of the Supreme Court and allows Congress to create lower federal courts.
- also guarantees judicial independence by granting life tenure and protecting judges' salaries.