AP Gov - Unit 2 Part 2 - Judiciary and Bureaucracy

Judiciary Act of 1789

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

Article III of the Constitution

creates the Supreme Court but allows Congress to establish lower courts.

Original Jurisdiction

the power of a court to hear a case first, before any other court

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts

Federal District Courts

the lowest level of the federal judiciary; these courts have original jurisdiction in cases that start at the federal level

Federal Appeals Court

a court that decides appeals from the district courts within its federal judicial circuit

Supreme Court

Consists of nine justices, each appointed by the President and confirmed by Congress. Created through Article III. Highest court of appeals.

Judicial Review

The power of the courts to declare laws unconstitutional and strike them down.

Federalist 78 (Hamilton)

A limited Constitution requires an independent judiciary to check legislative actions; courts have a duty to make sure laws adhere to the Constitution and if the laws do not, declare them null and void; least powerful of the three branches

Marbury v. Madison

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

Stare Decisis (precedent)

"Let the decision stand"...courts generally follow the decisions of higher courts and earlier cases in similar cases that set a precedent

Loose Constructionist

A person who interprets the Constitution as more of a guiding principal rather than a document that needs to be read and interpreted literally.

Strict Constructionist

A person who interprets the Constitution in a literal way. The Constitution only conveys the powers and rights that it specifically mentions.

Judicial Activism

An interpretation of the U.S. Constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

Judicial Restraint

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say. The Court should be careful with their power.

Binding Precedent

A decision of a higher court that must be followed by lower courts in the same hierarchy.

Dissenting Opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

amicus curiae

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

Bureaucracy

Officially part of the executive branch, this is the term that refers to the federal agencies and departments responsible for putting the law into action and carrying it out.

Pendleton Civil Service Act of 1883

Federal legislation which created a system in which federal employees were chosen on the basis of competitive examinations, therefore making merit, or ability, the reason for hiring people to fill federal positions

Spoils System

the system of employing and promoting civil servants who are friends and supporters of the group in power

Merit System

hiring people into government jobs on the basis of their qualifications

Iron Triangle

an informal association of a federal agency, congressional committee, and interest group that is said to have heavy influence over policy making. Each part provides benefits to the other parts.

Office of Personnel Management

The office in charge of hiring for most agencies of the federal government, using elaborate rules in the process.

Cabinet Departments

The fifteen largest and most influential agencies of the federal bureaucracy (e.g., Department of State, Treasury, Justice...) Headed by Secretary or Attorney General (Department of Justice)

Independent Regulatory Agencies

Federal regulatory agencies that are independent, thus not fully under the power of the president. Ex. Federal Trade Commission, Securities and Exchange Commission.

Government Corporation

A government organization that, like business corporations, provides a service that could be delivered by the private sector and typically charges for its services. The U.S. Postal Service is an example.

Independent Executive Agencies

Federal agencies that aren't large enough to get department status. They are also not found within a department. Directors appointed by President w/ advice & consent of Senate. Ex. NASA, CIA, EPA

Compliance Monitoring

making sure policies of the bureaucracy are effectively carried out and enforced. Can include fines, warnings, and other punishments.

Congressional Oversight

Power used by Congress to gather information useful for the formation of legislation, review the operations and budgets of executive departments and independent regulatory agencies, conduct investigations through committee hearings, and bring to the public's attention the need for public policy

Regulation

the use of governmental authority to control or change some practice

Deregulation

The lifting of government restrictions

Executive Order

A rule issued by the president that has the force of law. Used to direct federal agencies.

Delegated Discretionary Authority

the power given to bureaucratic agencies to interpret legislation and create rules