Unit 2: The Federal Judiciary, Bureaucracy, and Congressional Oversight

Comprehensive vocabulary flashcards covering the federal judiciary, the bureaucracy, and the systems of checks and balances as described in the Unit 2 lecture notes.

Article III

The section of the United States Constitution that establishes a judicial branch and "one Supreme Court," allowing Congress to determine the structure and jurisdiction of lower federal courts.

Judicial Review

The power of federal courts to determine the constitutionality of laws and governmental actions; it was established in the Supreme Court case $Marbury\,v.\,Madison\,(1803)$.

Federalist 78

An essay written by Alexander Hamilton describing the federal judiciary as "the least dangerous branch" and advocating for the power of judicial review to ensure no legislative act contrary to the Constitution is valid.

Marbury v. Madison (1803)

The landmark Supreme Court case in which Chief Justice John Marshall established the principle of judicial review, stating it is the "province and duty of the Judicial Department to say what the law is."

Stare decisis

A Latin term meaning "let the decision stand," representing the legal principle of following judicial precedents to ensure consistency in the law over time.

Standing

A legal principle requiring that a case heard in the U.S. Supreme Court must first demonstrate that there is a specific constitutional question at stake.

Judiciary Act of 1869

The legislation that fixed the number of Supreme Court justices at $9$.

Judicial Independence

The separation of judicial powers from the executive and legislative branches, reinforced by lifetime tenure ("during good behavior") and protections against salary reductions.

McCulloch v. Maryland (1819)

A Supreme Court case that established the supremacy of the national government over state governments and recognized the "necessary and proper clause" as authoritative.

District of Columbia v. Heller (2008)

A case where the Court overturned decades of precedent to rule that the Second Amendment confers an individual right to keep and bear arms.

Certiorari Act of 1925

Also known as the "Judges Bill," it granted the Supreme Court discretion to decide which cases to hear on its legal docket.

Rule of Four

The internal Supreme Court practice where at least $4$ of the $9$ justices must agree to hear a case before it is granted a writ of certiorari.

Judicial Activism

A judicial philosophy where judges are more open to changing the application of laws or constitutional interpretations to reflect changing societal viewpoints.

Judicial Restraint

A judicial philosophy, often called strict constructionism, where judges defer to elected lawmakers and only use judicial review sparingly.

Judicial Originalism

A decision-making practice where judges base their rulings extensively on the believed intent of the original writers of the law or Constitution.

Judicial Textualism

An interpretive method that seeks the plain meaning of the text and words of the law, as seen in the majority opinion of $Bostock\,v.\,Clayton\,County\,(2020)$.

Federal Bureaucracy

The large arm of the executive branch responsible for translating laws passed by Congress into actionable services, programs, and regulations.

Civil Service Act of 1883

Legislation that eliminated patronage as the primary qualification for bureaucracy jobs and established the merit system for career civil servants.

Iron Triangle

A policy-making model representing the relationship between a congressional committee, a specific executive agency, and a related interest group to shape detailed rules.

Issue Network

A pluralistic model of policy-making involving many competing interest groups, congressional committees, and agencies, typically resulting in slower, more conflict-filled processes.

Discretionary Authority

The power granted by Congress to federal agencies to use their expertise to create specific rules and regulations to implement broad laws.

Government Corporations

Congressionally approved entities that raise revenue and spend funds outside of typical taxation, such as the U.S. Postal Service and Amtrak.

Independent Regulatory Commissions

Bureaucratic agencies that regulate specific industries, such as the Securities and Exchange Commission (SEC) and the Federal Communications Commission (FCC).

INS v. Chadha (1983)

The Supreme Court case that ruled the legislative veto unconstitutional, stating it violated the separation of powers.

Congressional Oversight

The "watchdog" function of Congress to ensure that executive agencies implement legislation as intended, often conducted through committee hearings and the "power of the purse."

Power of the Purse

The constitutional authority of Congress to raise revenue and grant final approval for the spending of budget funds (appropriations).

Budget and Impoundment Control Act (1974)

A law that restored Congress's role in the budgetary process and prohibited the president from impounding funds without notifying Congress.

Government Accountability Office (GAO)

A legislative agency that investigates violations of budget laws and evaluates how the executive branch spends federal funds.

Office of Information and Regulatory Affairs (OIRA)

A part of the OMB that serves as an "information aggregator" to help the president coordinate and oversee federal regulations and bureaucratic activity.

Bicameralism

The division of the legislature into two chambers; the House serves as the "cup" responding to immediate voter demands, while the Senate serves as the "cooling saucer."

Standing Committees

Permanent congressional committees that specialize in specific policy areas, such as the House Ways and Means Committee which handles revenue and taxation.

Discharge Petition

The only method available to House members to bypass a standing committee that is blocking a bill, requiring a majority to bring the bill to the floor.