Part 2 of Unit 2 Test Review (Judiciary and Bureaucracy)

Appellate

Refers to the power of a higher court to review and revise the decisions of a lower court.

• This process is the foundation of the appeals system,where a party who loses a case in a trial court can ask a higher court to review the proceedings for legal errors

Original Jurisdiction

The authority to hear a case for the first time

• In cases affecting ambassadors and public ministers and those in which a state is a party 

• Rare Situation : The Supreme Court exercise original jurisdiction and thus serve as a trial court, typically when one state sues another over a border dispute or to settle some type of interstate compact 

Attorney General

Is the chief legal officer for a nation or state who represents the government in legal matters

• They advise the executive branch, supervise government attorneys, and handle high-level cases

• Federal level: Heads the Department of Justice and is a member of the President’s cabinet

• They are appointed by the President and confirmed by the Senate

Judicial Review

To examine acts of legislatures to see if they comport with the proposed Constitution.

→Shapes the law and how it is carried out

Binding Precedent

When a U.S district court receives a case that parallels an already decided case from the circuit level, the district court is obliged to rule the same way

• Even an independent-minded judge who disagrees with the higher court’s precedent knows an appeal of a uniquely different decision, based in similar circumstances, will likely be overruled by the court above.

*All courts in the land are bound by U.S. Supreme Court decisions

Persuasive Precedent

Judges can consider past decisions made in other district courts or far away circuit courts as a guiding basis for a decision

Things to consider Precedents

• Precedents can of course be overturned

• No two cases are absolutely identical, which is precisely why judges make decisions on a case-by-case basis

• Attitudes and interpretations differ and evolve over time in different courts

Concurring Opinion

Justices who differ from the majority can draft and issue differing opinions.Some may agree with the majority and join the vote but have reservations about the majority’s legal reasoning

Dissenting Opinion

Justices who vote against the majority 

• An opinion has no force of law and no immediate legal bearing but allows a justice to explain his or her disagreements to send a message to the legal community or to influence later cases

Majority Opinion

Reflecting the Court’s ruling 

• Justices who write this type of opinion have expertise on the topic or are obviously passionate about the issue

• The majority opinion sums up the case, the Court’s decision, and its rationale

Federalist 78

 Hamilton affirmed that the independent judicial branch has the power of judicial review to examine acts of legislatures to see if they comport with the proposed Constitution

• He emphasized that as long as judges are acting properly, they shall remain on the bench.This “permanency” shall protect them from the other branches of government when they make unpopular but constitutional decisions

• He believed an independent judiciary posed no threat

           *The establishment of judicial review was not settled by Hamiltom’s writing, instead the landmark in Marbury v.Madison established that principle of judicial

Rule of Four (Supreme Court)

Once four of the nine justices agree to accept the case, the appeal is granted. This rule of four, a standard less than a majority, reflects court’s commitment to claims by minorities

• Justices consider the wider national and societal impact if they take and rule on the case

Activism

When judges strike down laws or reverse public policy,

*To remember this concept, think judges acting to create the law

• Can be liberal or conservative, depending on the nature of the law or executive action that is struck down

Restraint

When judges hesitate to inject their own preferences into legal rulings unless a law is clearly unconstitutional

• A law should only be struck down if it violates the actual written word of the Constitution

Standing (in court)

Is the capacity of a party to bring a lawsuit in court.

• To have standing, a party must demonstrate a sufficient connection to and harm from the law or action being challenged

Iron Triangle

The relationship among these three entities–an agency, a congressional committee, and an interest group – is called an iron triangle because the three-way interdependent relationships are so strong

• The three points of the triangle join forces to create policy 

• Iron triangle establishes  tight relationships that are often collectively beneficial.

  •  Ex. 

→Bureaucrats have an incentive to cooperate with congressional members who fund and oversee their agencies

→Committee members have an incentive to pay attention to interest groups that can provide policy information and reward them PAC donations

→Interest groups and agencies generally are out to advance similar goals from the start

*At times iron triangles are criticized for those goals when they are exclusively for the benefit  of special interest and not for the common 

Issue Network: ( People )

 Includes committee staffers (often the experts and real authors of legislation), academics, advocates, leaders of think tanks, interest groups, and/or the media,

• These experts and stakeholders–sometimes at odds with another on matters unrelated to the issue they are addressing– collaborate to create specific policy on one issue 

• The policy making web has grown because of so many overlapping issues, the proliferation of interest groups, and the influence of industry Big Idea: Multiple actors and institutions interact to produce and implement possible policies

Civil service Commission

To oversee the process and prevent officials from requiring federal employees to contribute to political campaigns 

• A bipartisan

• Part of the Pendleton Civil Service Act of 1883

Civil service reform act (1883)

 Congress passed this act to prevent the constant reward to loyal party members

Merit System

Includes competitive, written exams for many job applicants

• Part of the Pendleton Civil Service Act of 1883

Office of Personnel Management (OPM )

Runs the merit system and coordinates the federal application process for jobs and hiring.

• Goals: Promoting the ideals of public service, finding the best people for federal jobs, and preserving merit system principles

Patronage

 The bureaucracy became a place to reward loyal party leaders with federal jobs 

• As presidents of different parties came and went, this “rotation system” continued regardless of merit or performance of appointees

• Historical Context: Jefferson filled every vacancy with members of his party 

Spoils System

Presidents appointed regional and local postmasters in the many branch offices across the nation expecting loyalty in return 

• Type of patronage

Delegated Discretionary Authority

The power to interpret legislation and create rules– to executive departments and agencies 

• Congress has granted departments, agencies, bureaus, and commissions–staffed with experts in their field – varying degrees of discretion in developing their own rules and regulations required to implement sometimes vague legislation

• Sometimes the laws are so vague that it not even clear that authority has been delegated to an agency

Federal Election Commission

Administering and enforcing federal campaign finance laws

Independent Regulatory Agencies

Have unique charges from Congress to enforce or regulate industry-specific law. These entities can create industry-specific regulations and issue fines and other punishments.Some are structured with a director and assistants, and some are headed by a board or commission led by a chairperson.

• The president can remove upper-level executive branch officials at will, except those that head independent regulatory agencies

• Can create policies with the enforcement of law for unique industries or jurisdictions

• Have more specialized responsibilities in their administrative mission compared to the other agencies [ Have greater leeway and power to shape and enforce national policies than the other

Ex.FedeeralCommunications Commission (FCC), Federal Electrons Commission (FEC), Food & Drug Administration (FDA), Environmental Protection Agency (EPA), Securities & Exchanges Commission (SEC)

Appropriations

Funds set aside for a certain purpose – are typically made annually as part of the federal budget 

•  Is a law passed by Congress that grants a specific amount of money to be spent for a particular purpose, agency, or program.

• This power is a check that Congress has on the executive branch,as it controls the “power of the purse”

• Appropriations Committees, are found in both houses where they influence or control the “purse strings”

Congressional Oversight

Is essentially a check and balance on the agencies themselves and competes with the president for influence with them.

• With some regularity, House and Senate committees hold oversight hearings to address agency action, inaction, or their relationship with the agency.

Compliance Monitoring

Making sure the firms and companies that are subject to industry regulations are following those standards and provisions

• Ex. The Environmental Protection Agency monitors for compliance in several ways. It assesses and documents compliance, requiring permits for certain activities. It collects measurable scientific evidence by taking water or air samples near a factory to measure the amount of pollutants or emissions coming from the factory

Legislative Veto

Is a requirement that certain agency decisions must wait a defined period of either 30 or 90 days.

• Congress established the legislative veto in the 1930s to control executive agencies 

• Historical Example: During the conflict in Vietnam, congress used the legislative veto to put some limits on the deployment of military activity.

*But the public interest groups that had fought to create regulatory agencies in the 1960s watched agencies’ lawful decisions being stopped by one or the other house of Congress.

Declared unconstitutional in the 1980s

Precedent

A ruling that firmly established a legal principle

What was the constitutional argument for lifetime appointments for the courts ? : Hamilton Arguments

→As long as judges are acting properly, they shall remain on the bench.

→This “permanency” shall protect them from the other branches when they make unpopular decisions but constitutional decisions

→Believed an independent judiciary posed no threat 

Mandamus

We command

• Is a court order from a superior court that compels a lower court, government officer, government agency to perform a mandatory or ministerial duty they are legally required to do 

Stare Decisis

Let the decision stand

Amicus Curiae

 Friend of the court brief

• Is an individual or organization not a party to a lawsuit who provides information, expertise, or arguments to the court to assist in making decisions, often by submitting a written amicus brief

• May represent collective interest or offer specialized knowledge not covered by the involved parties

• Aren’t bound by the court’s decision and may even support or oppose a party’s stance 

• Are often court opinions and can influence judicial decisions by highlighting broader implications or offering unique insights An amicus brief argues for a particular ruling in the case

  • Ex.Academic Institutions may provide expert opinions on legal matters

Writs of Certiorari

To make more certain 

• A court order for an official to do what they’re legally required to do