POL 211 Final Exam

Amendment 11

Individual cannot sue a state in a federal court.

Amendment 18

Prohibition of alcohol

Amendment 21

Repeal of Prohibition

Types of Agencies

executive and independent

Executive Agencies

Federal agencies that are part of the executive branch but outside the structure of cabinet departments. Their heads typically serve at the pleasure of the president and can be removed at the president's discretion.

independent agencies

agencies in the executive branch of the federal government formed by Congress to help enforce laws and regulations not covered by the executive departments

President's cabinet made up of?

Executive agencies

Executive Departments

agencies of the federal government responsible for carrying out laws, administering programs, and making regulations in their particular area of responsibility

1st Department

Secretary of State (first among equals)

Beuracracy

a system of government in which most of the important decisions are made by state officials rather than by elected representatives.

beuracrats/ civil servants

Non elected individuals trained and specialized in position they hold in beuracracy

Functions of Bureaucracy

Efficiency, control, expertise

Job of the Bureaucracy

to implement policies established by congressional acts or presidential decisions

MAKES GOVERNMENT FUNCTION AND IMPLEMENTS LAWS

red tape

complex bureaucratic rules and procedures that must be followed to get something done

Highest court in the US

Supreme Court

The only court the Constitution creates is

Supreme Court

Supreme courts job is to

interpret the constitution and review laws

Supreme Court has original jurisdiction over cases involving:

ambassadors, public ministers or councils

state is a party to a specific case (state v. state)

What article establishes the Judicial Branch?

Article 3

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Majority in Supreme Court

5-9

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Brown v. Mississippi

No corporal punishment to obtain confession (DUE PROCESS)

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

appellate court

court that generally reviews only findings of law made by lower courts

apellate jurisdiction

the authority of a court to hear a case appealed to a lower court

Alabama is in which circuit court?

11

What percentage of cases does Supreme Court actually hear?

1%; between 80 to 100 per year

order of courts from lowest to highest

district courts (trial court), appeals courts (circuit court), Supreme Court

writ of certiorari

An order by a higher court directing a lower court to send up a case for review (case has been selected to be heard)

Federal judges are appointed by

president

Federal judges serve for

life, after appointment

NOT A POLITICAL POSTION

How many Supreme Court Justices are there?

9

A justice that is not the chief is referred to as?

Associate justice

The Supreme Court justice that heads the court is known as?

Chief justice

Judicial Review

review by the US Supreme Court of the constitutional validity of a legislative act.

Where did Supreme Court get power of judicial review?

Gave it to itself; first decided in Marbury v. Madison

Standing

legitimate justification for bringing a civil case to court

Mootness

a criterion used by courts to screen cases that no longer require resolution

Agencies are empowered by "enabling legislation" -- what is that?

Regulations that carry the weight of laws

amicus curiae

A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.

stare decisis

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

judicial activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

precedent

How similar cases have been decided in the past.

dry county

No sales of alcoholic beverages are legal anywhere in the county.

Wet County

Sales of alcoholic beverages are legal throughout the county.

Scoff Laws

people who do not respect the law

dual court system

the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts

Judiciary Act of 1789

A law passed by the first Congress to establish the federal court system.

How are circuit courts divided?

11 are regional

2 in Washington D.C., one hears D.C.'s cases, one hears administrative cases

What crimes go directly to federal courts?

Crimes involving multiple state lines being crossed

interring with/ harming federal employees

ANYTHING INVOLVING FEDERAL ENTITIES GOES TO FEDERAL COURT

Supreme Court hears cases involving...

Treaties, U.S. government is the complainant, state v. State, concurrent jurisdiction( multiple states involved)

Independent agencies are intended to be exempt from

Politics, chairmen can only be removed with cause

Executive Agencies examples

Homeland Security, Department of Justice, Heath and Human Services, Secretary of State, Department of Transportation, etc. all presidental cabinet entities

independent agency examples

NASA, EPA, CIA, FTC

Federal Trade Commission (FTC)

a federal agency empowered to prevent persons or corporations from using unfair methods of competition in commerce

Works to prevent monopolies, excessive mergers, price gouging, big pharmaceutical companies from becoming more profitable

INDEPENDENT AGENCY

Head of FTC in video?

Lina Kahn

Bernie Madoff

Operated largest ponzi scheme in American history., famous for the Ponzi Scheme in which he took billions from his investors ; responsible for largest criminal conspiracy in history; Sentenced to a life sentence.

Security and Exchange Commission (SEC)

U.S. government agency that oversees securities transactions, activities of financial professionals and mutual fund trading to prevent fraud and intentional deception.

LET MADOFF OFF HOOK MULTIPLE TIMES

Privitization

Letting the private sector take over an area that was typically run by the government.

Ex: power companies