Unit 2: Judiciary and Bureaucracy

What documents outline the powers of the judicial branch and its independence?

Article III of the Constitution and Federalist No. 78.

What is stare decisis?

A legal doctrine under which courts follow legal precedents when deciding cases with similar facts.

How can ideological changes in the Supreme Court affect judicial precedents?

Presidential appointments can lead to the Court establishing new precedents or rejecting existing ones.

What allows Supreme Court justices to function independently of political climates?

Life tenure for justices.

How does judicial review lead to debate about the Supreme Court's power?

Judicial review allows courts to overturn laws or precedents, raising questions about the Court's authority.

What is judicial activism?

The belief that judicial review allows courts to overturn current Constitutional and case precedents or invalidate legislative or executive acts.

What is judicial restraint?

The belief that judicial review should be limited to decisions that adhere to current Constitutional and case precedents.

What are some restrictions on the Supreme Court?

Congressional legislation, Constitutional amendments, judicial appointments, delays in implementation by the president and states, and limiting the Court's jurisdiction.

What is the federal bureaucracy composed of?

Departments, agencies, commissions, and government corporations that implement policy.

How does the federal bureaucracy implement policy?

By writing and enforcing regulations, issuing fines, testifying before Congress, and forming alliances like iron triangles.

What is the civil service merit system?

A system prioritizing hiring and promotion based on professionalism, specialization, and neutrality rather than political patronage.

What discretionary power does the federal bureaucracy have?

The authority to interpret and implement policies as delegated by Congress.

Name some federal bureaucratic agencies.

Department of Homeland Security, Department of Transportation, Department of Veterans Affairs, Department of Education, EPA, FEC, SEC.

What is congressional oversight of the bureaucracy?

Review, monitoring, and supervision of bureaucratic agencies, including investigations and the power of the purse.

How does congressional oversight check executive power?

It serves as a means to curtail the use of presidential power.

What influences how executive branch agencies carry out administration goals?

Presidential ideology, authority, and influence.

What is compliance monitoring in the context of bureaucracy?

Ensuring that funds are used properly and regulations are followed, which can challenge policy implementation.

What are the formal and informal powers of Congress, the president, and the courts over the bureaucracy?

These powers are used to maintain accountability within the bureaucracy.

How does the allocation of powers among the three branches affect public policy?

It creates multiple access points for stakeholders and institutions to influence policy.

How is national policymaking constrained?

By the sharing of powers between the three branches of government.

What do liberal ideologies favor regarding marketplace regulation?

More governmental regulation of the marketplace.

What is fiscal policy?

Actions taken by Congress and the president to influence economic conditions, including Keynesian and supply-side positions.

What is monetary policy?

Actions taken by the Federal Reserve to influence interest rates and broader economic conditions.

What is the role of the Federal Reserve?

An independent agency that seeks to achieve maximum employment and price stability.