AP Gov judicial branch and bureaucracy and executive (copy)

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Federalist #78 said

• judiciary is the “least dangerous branch” since it has no power over military (executive) or money (legislative)

• defends importance of judicial branch/judiciary laws

• wanted to make the judiciary independent since it interprets constitutionality

• lifetime appointments = no political pressure = fair decisions

  • courts strike down unconstitutional laws to prevent abuse of power

where is judicial review established

the power of the courts to declare a law, presidential action, or regulation unconstitutional

• NOT ESTABLISHED IN CONSTITUTION - ESTABLISHED BY Marbury v. Madison (1803)

Marbury v. Madison (1803) BG

Lame duck president John Adams appointed several Federalist judges at the end of his term (midnight judges), one of them being Marbury. New president Thomas Jefferson’s Secretary, Madison, refused to deliver Marbury’s commission. Marbury sued Madison and asked SCOTUS to force his commission by writ of mandamus, from the Judiciary Act of 1789

Marbury v. Madison (1803) Constitutional question

Did SCOTUS have the authority to order Madison to deliver the commission under the Judiciary Act of 1789?

Marbury v. Madison (1803) Ruling

YES, Marbury has a right to his commission.

YES, Judiciary Act of 1789 claimed that SCOTUS can give a writ of mandamus

BUT, the Judiciary Act of 1789 was unconstitutional and the court struck it down, which violated Article III

Marbury v. Madison (1803) Significance

created precedent of judicial review

Article III

• sets up federal court system as one of three branches of government.

• gives basic powers/structure of judiciary

• made SCOTUS and gives Congress authority to establish lower courts as needed

• gives federal courts power to hear cases incolcingL Constitution, federal law, treaties, and certain disputes

• judicial independence: lifetime appointments (as good behavior stands), protecting the justice salary from being reduced

• intentionally broad, role of courts has grown and changed over time, especially with judicial review

How the judicial branch checks the legislative branch

Court can strike down unconstitutional federal/state laws

How the judicial branch checks the executive branch

Court can block executive orders and agency actions that are unconstitutional or too far

Legal precedent

past judicial decisions guide future rulings

• provide consistency and strengthens legitimacy

• rooted in stare decisis (let the decision stand) doctrine

• allows less courts to go to SCOTUS

• makes judicial action faster

how is legal precedent used

judges use it to

• review facts of the case

• compared to previous rulings

  • decide if precedent applies, can be distinguished, or should be overturned

judicial implementation

when judges in lower courts use SCOTUS precedents (which is what’s expected of them)

can SCOTUS overturn precedents

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Judicial philosophy of judicial restraint

favor upholding precedent - “Courts should limit theorem own power by deferring to branches’ decisions. Only strike down clearly unconstitutional laws.”

Judicial philosophy of judicial activism

more willing to overturn precedent for injustices or societal changes - “Judges should interpret the Constitutiona based on modern values or societal needs. Overturning precedent, or striking down laws that don’t give rights or are not in justice.”

Life tenure and it’s significance

lifelong justice terms (while good behavior stands

• protects judicial independence (no election = no care for public opinion)

• Fed #78 says: “judiciary should be insulated from public influence”

• decisions are not easily reversible and are infinitely lasting

  • judges leaning politically can raise public concern about legitimacy

Court curbing

efforts by Congress or the President to reduce power, authority, or influence of federal courts, usually because of controversial decisions or perceived judicial overreach

Types of court curbing

• presidential appointments

• jurisdiction stripping (Congress limits case type that federal courts can hear, constitutional power)

• constitutional amendments (Congress adds amendments to overturn SCOTUS decisions)

• executive non-compliance or delay

The court’s decisions carry weight only when..

other branches approve them and the public accepts their legitimacy

Justice nomination and confirmation is biased?

Yes, nomination is from president and confirmation is from Senate

High profile justice confirmation battles leads the public to believe what?

Causes tension and public skepticism over Court’s neutrality, and removes view of an independent branch. These can lead to discussion about judicial reform

Forms of judicial reform discussed by the public

• term limits

• court size expansion

• reforming confirmation process

Court roles/important cases

Marbury v. Madison	1803	Established judicial review	Declared SCOTUS power to strike down unconstitutional laws
Brown v. Board of Education	1954	Declared school segregation unconstitutional	Sparked civil right movement/desegregation
Roe v. Wade	1973	Protected abortion	Cultural and legal flashpoint for decades
Obergefell v. Hodges	2015	Legalized same sex marriage	Major expansion of civil liberties
Dobbs v. Jackson	2022	Overturned Roe v. Wade	Returned abortion decision to individual states

Congressional checks on Judicial branch

• jurisdiction stripping

• rejecting presidential nominees (senate)

• impeaching federal judges. can be removed for “high crimes and misdemeanors”

• constitutional amendments

• legislative overrides (passing new laws that change decision application

Judicial checks on courts

• stare decisis (overturning precedent)

• reliance on lower courts (SCOTUS depends on lower courts to carry out rulings)

• no enforcement power (relies on executive branch and public for decision enforcement

  • legitimacy and public trust: does not want to be seen as overly partisan, leading to less authority, less decision influence, and more resistance

other checks on courts

• legislative revisions (Congress can pass ruling-atlering laws)

• implementation resistance (state govts/officials may delay or resist ruling enforcement

• judicial structure changes: Congress can adjust federal courts size/jurisdiction

bureaucracy definition

system of agencies, departments, commissions, and staff that operates under the executive branch to implement and enforce federal laws and policies. They serve as government corporations.

bureaucracy explanation

Carries out the day to day operations of gov’t.

While the president & Congress make laws & set policies, bureaucratic agencies (like the EPA, FDA, etc) are responsible for enforcing those laws through rulemaking and administration. These agencies exercise discretionary authority, meaning they often decide how best to implement broad laws passed by Congress. This gives them significant influence over public policy.

the federal bureaucracy operates under the __ branch

executive

bureaucrats are

unelected officials

bureaucracy is a bridge between ___ and ___

lawmaking and implementation

5 forms of bureaucracy’s policy implementation

1. writing and enforcing regulations

2. issuing fines

3. testifying before congress

4. forming iron triangles

5. creating issue networks

writing and enforcing regulations bureaucracy

Agencies interpret vague laws passed by Congress and write specific rules to carry them out.

They also enforce these rules, like the EPA fining a factory for pollution violations.

issuing fines bureaucracy

Bureaucracies have power to punish people or organizations that violate regulations.

testifying before Congress bureaucracy

Agency heads are often called to give expert information or explain their actions during congressional hearings (oversight role).

forming iron triangles bureaucracy

stable alliances between: Congressional committees (write funding laws), Bureaucratic agencies (implement laws), and Interest groups (push for specific outcomes).”

issue networks

temporary coalitions of interest groups, media, Think tanks, bureaucrats, and lawmakers working on a specific issue

Less rigid than iron triangles—more like policy “teams”

2 forms of hiring in the bureaucracy

merit system and political patronage

merit system

Bureaucrats are hired based on qualifications, exams, and experience, not political connections.

Promotes professionalism, neutrality, and specialization.

political patronage system or spoils system

Giving jobs to political supporters or allies.

Largely replaced by the merit system after reforms like the Pendleton Act (1883).

hatch act 1939

Limits certain political activities of federal employees and local government employees who work in connection with federally funded programs. ​

ensure that federal programs are nonpartisan, protect federal employees from political coercion, ensure that federal employees are advanced based on merit

role of Environmental Protection Agency

works on environmental protection matters

role of Department of Education

Works on educational funds, setting policy, and ensuring better education.

role of Department of Transportation

manages and oversees the U.S. transportation system, focusing on safety and efficiency

role of Federal Election Commission

enforces federal campaign finance laws, provides transparency for campaign spending, and administers public funding for presidential campaigns

role of Securities and Exchange Commission

stock markets and prevents fraaaaaaaaaaaaaaaudddddddddddddduuhhhhhhhhhhhhh

role of Department of Veterans Affairs

provides healthcare, benefits, home loans, pensions, etc. for veterans

role of Department of Homeland Security

secures US from threats by managing borders, immigration, cyber security, disaster response, etc.

how does the president carry out their policy

through formal and informal powers

formal powers are established where

article II of the constitution

veto

president’s formal power that allows president to revoke a bill that would have been passed otherwise. either the bill dies, congress redoes the bill process, or congress overrides the veto

commander in chief

formal power/authority of the president that allows them to deploy troops

executive agreements

formal power of the president that lets them make agreements with other heads of state (presidents, prime ministers)

presidential appointments

formal presidential power - appoints cabinet, judiciary, ambassadors, white house staff

who does the president appoint and which one of them causes the most tension

cabinet, foreign ambassadors, white house staff, and JUSTICES, which cause the most tension

threatening a veto

an informal power of the president which makes congress refine the bill

pocket veto

informal power of the president where, if there are 10 or less days left in the congressional session, the president waits for the bill to expire

bargaining and persuasion

informal power of the president… yes

executive order, who does it direct

informal power of the president, directs bureaucracy and military

signing statement

informal power of the president which lets everybody know how the executive interprets or will carry out the law that the president just signed.

bully pulpit

informal power of the president to shape public view, e,g, using State of the Union address

federalist 70 said

by hamilton as a rebuttal against anti-federalists who thought a single executive would be tyrannical

• a single executive can make quicker decisions compared to a group

• executive is checked by judicial and legislative so no tyranny

• corruption is easily detectable if its only one person

22nd amendment

defined 2 4 year term limits for prez

federal court system structure

low

• US district courts (94)

• US Circuit court of appeals (12)

• SCOTUS (1)

high

how does judicial review affect the people’s view on the courts

lead people to question the legitimacy of the courts power

two ways that the executive branch can curb the impact of court decisions

• The president can appoint new judges

• Lack of enforcement

three ways at the legislative branch can curb the impact of court decisions

• Amendments

• Can reduce what type of cases courts can hear

• Laws that impact decision enforcement/implications

bureaucracy

A part of the executive branch, elected workers to carry out the responsibilities of the federal government

structure of bureaucracy

top

• cabinet secretaries - leaders of 15 executive departments

• agencies - subdivisions in the departments that work to achieve dept goals eg the IRS in the dept of the treasury.

• commissions - regulatory groups who operate somewhat independently of president authority but still under executive authority. run by board of individuals for specific purposes

• government corporations - hybrid of business and government agency , used when the government wants to offer public good and the best way is in the fir of an item in the free market eg pbs

bottom

— passes tax legislation, — make sure taxes are collected

congress, agencies

2 ways congress can check the bureaucracy

• holding committee hearings to make sure the law is being carried out

• power of the purse, allocating funds to agencies

how can executive branch check on bureaucracy

by just telling them… bureaucracy is under executive branch

how can the judicial branch check on bureaucracy’s

people can sue bureaucracy’s for being unconstitutional although the bureaucracy usually does win

bureaucrats are not elected which means

they are not responsive to the people and that makes some people upset