The Bureaucracy and Civil Law Continued AP GOPO Unit 2

What has congress empowered US District court to have jurisidiction over?

Disputed involving more than 75,000 with diversity citizenship (two parties reside in different states)

Class action suits

large group of plaintiffs claim common damage by one party

Injuction

court order

Key to common law

A prior court decision sets a precedent that constrains future courts

Early Courts to the New Deal

Important Chief Justice Courts:-Taney Court, took up states’ rights and upholding a fugitive slave act, Dred Schoot v. Sanford(1857)(caused the start of the civil war)

Corporations and the State

Conservative strict constructionists interprets the Constitution in its original text, Liberal Constructionists interprets the Constitution as a living document and takes into account changes and social conditions since ratification

Stare Decisis

Legal principle of determining points in litigation according to the precedent (If the court does not hear a case the previous ruling stays, used mostly on matters deealing with the Constitution

Judicial Activism

When judges strike down laws or reverse public policy(think judges acting to create the laws)

Judicial Restraint

critics of judicial activism believe elected representatives’ legislatures should create policy; court should not decide a dispute rule there is a concrete injury to be relieved by the decision.

Litmus test

a quick determination of the appointees political philosophy

Getting “borked”

destroy a judicial nominee through a converted attack on his character, background, and philsophy

The Bureaucracy

Responsible for ensuring that the policies and programs enacted by Congress and the executive departments are carried out, considered part of the executive branch because it helps carry out our laws

Are bureaucrats elected?

Not elected, there is cabinet secretaries are appointed by the president with the consent of the senate, most of the civilian employees in federal government work for one of the executive departments

Burearcratic structure

Each of the 15 departments are broken down into smaller units called bureaus offices, or services and are responsible for dealing with a particular clientele or specific subject

How are undersecretaries elected?

Directly subordinate to the secretary is the undersecretary who is appointed by the President without senate confirmation, both secretaries (and undersecretaries) are replaced at the end of the president’s term

Competitive service

merit based jobs that require some type of exam or competitive hiring process(pendleton civil service act)

Organizations in the Bureaucracy

1. Departments (15 cabinet level)

2. Agencies (ICE, Coast Guard, TSA, FBI)

3. Commissions (Federal Reserve system, SEC, EPA)

4. Government Corporations (FDIC, Amtrak, TVA, PBS, USPS)

More oversight as you go up