Unit 3: The Federal Bureaucracy and the Judicial Branch

Amicus Curiae Brief

Legal reasoning based on previous cases filed by interest groups or other interest parties - This “friend of the court” brief is supposed to give judges more information about the arguments and the possible outcomes.

Appellate Jurisdiction

Courts that here appeals of cases from lower courts, review the legal issues (not the facts) to determine if an additional trial is needed

Brief

A summary of case arguments given to the judges and justices before a hearing to outline the parameters of the case - legal reasoning based on law and past judicial decisions

Bureaucracy

Hierarchical structure that uses task specialization, operates on the merit principle, and behaves with impersonality

Bureaucrats

Government employees who work in the executive branch in executive departments and independent federal agencies

Civil Service

Merit-based employment in the federal bureaucracy, began with the Pendleton Act, a nonpartisan system where hiring and promotion are based on merit

Concurrent opinion

A document drafted by court justices who voted with the majority to explain how they differ in beliefs about the meaning of the majority vote.

Continuing resolution

An action allowing the government to continue to be funded for temporary times if Congress is unable to complete the new federal budget by the October 1^st deadline.

Congressional Budget Office (CBO)

Congressional agency that reviews the President’s budget

Doctrine of Original Intent

Philosophy by which judges attempt to understand the meaning of the constitution as intended by the founding fathers and base their decisions on that meaning

Discretionary spending

The programs that Congress can choose to fund.  Even though spending to run the government and keeping up the military are seen as given needs, such funding is considered discretionary due to possible changes in the level of funding

Executive Department

Conducts broad areas of government operations, secretaries are the CEOs

Government corporations

Government bureaucratic agencies that operate like a business, often offer a service that could be provided in the private sector, The postal service and the Federal Deposit Insurance Corporation are the two most famous examples 

Independent Regulatory Commissions

Usually 5-10 member board that regulates specific economic activities or interest, serve for fixed terms for independence, enforce rules and programs designed to protect the public interest, and allows for independence and expertise, i.e. FEC, FCC, SEC

Iron Triangle

Composed of a congressional committee, interest group, and bureaucratic agency for a specific area or program, not as common as issue groups/networks today

Judicial review

The power of the Supreme Court to evaluate the constitutional status of laws and lower court rulings, established as a result of the case Marbury v. Madison, 1803.

Judicial Activism

Philosophy in which judges make bold policy decisions to promote justice, equality, and personal liberty

Judicial Restraint

Philosophy in which judges play a minimal policy-making role

Judiciary Committee

Senate standing committee that reviews all presidential appointments to the courts

Jurisdiction

Powers of the court set within the limits of certain specific areas of law or location

Litigation

Presenting a lawsuit in court.

Litmus Test

Issues such as abortion, gay rights, and gun control that are important enough to determine where voters will give their support or how certain elected officials will vote on confirmations

Mandatory spending

Budget items that Congress is required to fund.  Most noted is Social Security because these funds are based on previous contributions from the public that are owed back

Majority opinion

The decision written by the majority justices of the Supreme Court describing the meaning of the announced decision for the legal community

Minority opinion

When the one-to-four justices who did not vote with the majority give their reasons for opposing the majority opinion.  The legal community uses minority opinions as a guide to the power of the majority opinion and possible future challenges to that decision.

Markup

The action made when correcting or revising a bill

Original jurisdiction

A court that hears the original trial and the facts of the case, in rare cases, this includes the Supreme Court

Patronage (the “spoils system”)

The act of doling out political positions to supporters of a party and its candidates, often used as an incentive to gain that support.  The system was so corrupt that major reforms now limit such appointments to very few positions like ambassadorships

Per curium decisions

Supreme Court decisions that are announced without legal explanation or without a majority opinion

Red tape

Refers to the standard operating procedures used in the bureaucratic agencies, meant to ensure fair implementation but often become obstacles to action

Rule of Four

Principle that states that the Supreme Court will hear any case that 4  justices want to hear

Senatorial courtesy

Custom by which the President will not appoint a federal judge to a district if the senator from that district opposes the appointment and is in the same party as the President

Stare Decisis

‘let the decision stand’, the principle that the Supreme Court uses past cases as precedent for their decisions

Street level bureaucrats

Lowest level in the bureaucracy, those who deal directly with the people, welfare agents