judicial branch & bureaucracy quiz

judicial review

• the power of the courts to examine acts of the legislature to see if they comport with Constiution

• it allows the judiciary to check the powers of other institutions and state governments

life tenure

• all federal judges hold office “during good behavior” which essentially means life terms

• assures judges can operate independently from the other branches and make unpopular by necessary decisions

• contributes to debates about the courts legitimacy

stare decisis

• “let the decision stand”

• the concept governing common law, where prior court rulings (precedents) are generally followed in future cases

• lower courts are bound by higher court rulings (binding precedent) which ensures continuity and consistency in law

juidicial activism vs judicial restraint

• juidical activism: when judges strike down laws or revers public policy (acting to create law)

  • critics argue this allows judges to impose their own political views and exceeds the judicial role in a democracy

• judicial restraint; when courts hesitate from interfering with policies created by elected bodies unless a law is clearly unconstitutional

checks on judicial power

• executive branch: the president appoints judges with senate confirmation

  • the executive branch must implement court rulings and may not always cooperate

• legislative branch: the senate provides “advice and consent” for apppointments

  • congress sets judicial salaries, creates lower courts, defines court jurisdiction, can impeach and remove judges, and can propose constitutional amendments to overturn decisions

federalist 78

• alexander hamilton argued for an independent judicial branch with the power of judicial review

• hamilton claimed the judiciary would be the “least dangerous” branch because it has “no influence over either the sword or the purse”

the constitution: article lll & VI

• article lll: established the supreme court, allowed congress to create inferior courts, set judge’s terms during good behavior, and defined original appellate jurisdiction

• article VI: contains the supremacy clause, stating the Constitution and federal laws/treaties are the “supreme law of the land”

marbury v. madison (1803)

• outgoing president john adams appointed several midnight judges to secure federalist influencer before thomas jefferson took office in 1801

• william marbury’s commission as a justice of peace was signed but never delivered before the transition

• new secretary of state james madison refused to deliver to commission, resulting in marbury suing the supreme court for a writ of mandamus (a court order forcing an official to act) under the judiciary act of 1789

• established the principle of judicial review, allowing the court to declare an act of congress

writ of mandamus

a court order forcing a public official to perform an act

appellate jurisdiction

the authority of a court to hear cases on appeal from lower courts

original jurisdiction

the authority to hear a case for the first time

precedent

a ruling that establishes a legal principle to be followed in similar future cases

binding precedent

lower courts must follow rulings of higher courts

concurring opinion

an opinion by a justice who agree with the majority decision but has different legal reasoning

dissenting opinion

an opinion by a justice who votes against the majority, explaining their disagreements

rule of four

the supreme court practice where at least 4 of the 9 justices must agree to accept a case for review

senatorial courtesy

the custom where the senate will not confirm a district court nominee if a home-state senator objects

nuclear option

a threatened change to senate rules to disallow the filibuster of judicial nominees with a simple majority vote

the bureaucracy

• function: the federal bureaucracy (around 3 million employees) carries out the responsibilities of the federal government, administering and enforcing the laws passed by congress

• structure: a vast, hierarchal organization including 15 cabinet departments, independent executive agencies (ie. EPA or CIA), independent regulatory commissions (ie. FCC), and government corporations (ie. Postal Service)

• discretionary authority and rule-making: the federal bureaucracy uses delegated discretionary authority for rule making and implementation.

  • they interpret broad laws passed by congress and create specific regulations to implement them

bureaucracy

• the departments and agencies within the executive branch that carry out the laws of the nation

• simply meant to be an organization that carries out tasks

cabinet departments

• the 15 large executive branch divisions, each headed by a secretary appointed by the president, confirmed by the senate, and funded by congress (ie. Defense, State, Education)

• responsible for major area of public safety

independent executive agencies

agencies that are not part of a cabinet department but report directly to the president (ie. EPA, NASA)

independent regulatory commissions

agencies designed to regulate specific industries or economic activities, insulated from direct presidential control (ie. FCC, FTC)

government corporations

hybrid organizations run by the government for commercial purposes, like a private business (ie. Amtrak, Postal Service)

discretionary authority

the extent to which appointed bureaucrats can choose courses of action and make policies not spelled out in advance by laws

criminal law

• a category law covering actions determined to harm the community

  • government tries to prove guilty of defendants; state and federal laws vary, sometimes contradict

civil law

a category of law covering cases involving private rights and relationships between individuals and groups

the federal court system

• three layered pyramid

• lowest level: federal district courts

  • trial courts in federal system

  • handling most of the work

  • original jurisdiction

  • 94 in total

• middle level: federal courts of appeals

  • appellate jurisdiction only

  • reviewing decisions made by district courts

  • 13 total

• top level: scotus

  • resolves differences between the states and interprets the law

  • 1 court (appellate and original)

  • 9 justices since 1869

decisions of the court

• majority opinions: binding supreme court opinions, which serve as precedent for future cases

• concurring opinion: an opinion that agrees with the majority decision, offering different or additional reasoning that does not serve as precedent

• dissenting opinion: an opinion that disagrees with the majority opinion and does not serve as precedent

• percuriam: “of the court”, no name tied to the case

limitations of the power of the supreme court

• president nominations that the senate confirms

• congress sets the size and jurisdiction

• congress writes legislation modifying the impact of decisions

• lacks power of implementation - must rely on other branches to oversee decisions

• appointed for life, but public opinion shapes the legitimacy of the court

bureaucrats

officials employed within government agencies

issue network

the webs of influence between interest groups, policymakers and policy advocates

iron triangle

• 3 parts - the bureaucracy, congress, and interest groups

• each of which works with the other two to achieve their shared policy goals

bureaucratic adjudication

bureaucracy acts as a court to settle disputes between parties

match act

• cant raise money for campaigns, prohibited from participating in federal campaigns or holding elected office

  • separate official authority from partisan politics

evaluation and termination

• evaluation: determining if a policy is achieving its stated objectives

• congress has the authority the formally terminate a policy

• courts can terminate a policy using judicial review

presidential checks on bureaucracy

• appoints and remove individuals at the top layers

• write an annual budget

congressional checks on bureaucracy

• senate confirmation of presidential appointees

• legislation terminates or creates agencies and programs

  • sets goals, priorities and an organizational structure oversight

• government accountability office - monitors if funds are being spent appropriately

• serves as a safe guard against future mistakes and holds bureaucratic accountable for actions