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What are trial courts?
They are the first courts to hear a case; they determine facts and apply law.
What are appeals courts?
Courts that review decisions of trial courts; they do not hear new evidence.
What is the highest court in the U.S.?
The U.S. Supreme Court.
What types of cases fall under federal jurisdiction?
Cases involving federal law, foreign diplomats, or state governments.
What types of cases do state courts handle?
Cases involving state and local laws.
What are criminal laws?
Laws where the government prosecutes violations of law.
What are civil laws?
Laws involving disputes between individuals, including torts.
What is administrative law?
Rules created by bureaucratic agencies that must align with legislation.
What is statutory review?
The process where courts interpret what a law means and can overturn regulations inconsistent with the statute.
What is constitutional review?
Determining whether a law or action violates the Constitution.
What is judicial review?
The power to declare actions of Congress, the President, or states unconstitutional.
What does overturning precedent mean?
When a court reverses a previous ruling; generally avoided.
Which courts can strike something down?
District courts.
Which courts can affirm or reverse decisions?
Appeals courts.
Whose rulings apply nationwide?
The Supreme Court.
What does stare decisis mean?
“Let the decision stand.”
How many petitions does SCOTUS receive and hear?
Receives ~10,000; hears 60–80.
What is a writ of certiorari?
An order where four justices agree to hear a case (“Rule of Four”).
What is a key reason SCOTUS selects a case?
Conflicts between federal circuits or state/federal courts.
What is another reason SCOTUS selects a case?
Conflict with previous SCOTUS precedent.
What role does the Solicitor General play in case selection?
They may request review, increasing likelihood of acceptance.
What issues increase likelihood of SCOTUS review?
Major civil rights or civil liberties issues.
What do amicus curiae briefs signal?
The importance of a case.
How are federal judges appointed?
President nominates, Senate confirms.
How long do federal judges serve?
Lifetime appointments under “good behavior.”
Can federal judges be impeached?
Yes.
What criteria influence judicial selection?
Party, ideology, merit, age, confirmability, rewards, representation.
What is the role of home‑state senators in district court nominations?
They recommend nominees of the president’s party.
What is the blue slip?
A tool allowing a home‑state senator to block a nominee.
How does the blue slip differ for appellate courts?
It matters less; more presidential discretion.
How do presidents choose Supreme Court nominees?
As part of their legacy with greater ideological focus.
What additional SCOTUS criteria matter?
Race/gender balancing and avoiding being “Borked.”
What was the nuclear option?
Eliminating filibusters for judicial nominees.
When was the nuclear option applied to lower courts?
2013.
When was the nuclear option applied to the Supreme Court?
2017.
What does the nuclear option allow?
Confirmation with a simple majority.
What is originalism?
Interpreting the Constitution as understood at the founding.
What methods do originalists use?
Literal text reading and historical documents.
What are criticisms of originalism?
Selective history, inability to address new technology, and lack of adaptation to social norms.
What is the living Constitution approach?
Interpreting the Constitution through modern values.
What does the living Constitution emphasize?
Underlying principles and evolving rights.
What are criticisms of the living Constitution?
Accusations of judicial activism and creating new rights not in the text.
What is judicial activism?
Decisions based on ideology rather than legal reasoning.
What behaviors indicate judicial activism?
Willingness to overturn precedent and change policy.
How does activism differ from interpretation?
Interpretation is a method; activism is a motivation or behavior.
What is court polarization?
The ideological separation of judges.
How often does SCOTUS still rule unanimously?
25–50% of cases.
How many ideologically split cases occur yearly?
5–14 cases.
What are major recent SCOTUS issues?
Abortion, presidential power, and religious liberty.
What is the federal bureaucracy?
The collection of cabinet departments, agencies, and bureaus that carry out federal laws and programs.
Who leads most federal agencies?
A presidential appointee confirmed by the Senate.
How is the bureaucracy organized?
Hierarchically, with authority from political appointees at the top to career civil servants at the bottom.
What are cabinet departments?
The largest and most visible parts of the bureaucracy.
How many cabinet departments exist?
15.
What is an example of a cabinet department?
Department of Homeland Security (DHS).
What is another example of a cabinet department?
Department of Defense (DOD).
What is another example of a cabinet department?
Department of Education.
What is another example of a cabinet department?
Health and Human Services (HHS).
What are independent agencies?
Agencies not part of cabinet departments with narrower missions and more independence.
What are examples of independent agencies?
EPA, CIA, NTSB.
What are independent regulatory commissions?
Agencies designed to be insulated from politics that make rules for the economy.
What are examples of independent regulatory commissions?
SEC, FEC, Federal Reserve.
What are government corporations?
Government‑run businesses providing public services that could be private.
What are examples of government corporations?
Amtrak, U.S. Postal Service.
Why do agencies have power?
Congress writes broad laws, leaving agencies to fill in details.
What are three main bureaucratic powers?
Writing regulations, implementing policies, adjudicating disputes.
What is the social welfare role of the bureaucracy?
Protecting health and well‑being.
What agencies handle social welfare?
HHS, CDC, FDA, Veterans Affairs.
What is the national security role of the bureaucracy?
Protecting the nation.
What agencies handle national security?
State, Defense, Homeland Security.
What is the national economy role of the bureaucracy?
Regulating money, taxes, and markets.
What agencies handle the national economy?
Treasury, IRS, Federal Reserve.
What is fiscal policy?
Taxing and spending.
What is monetary policy?
Managing banks, credit, and currency.
What are the two major goals of agencies?
Survival (budget protection/expansion) and mission (policy purpose).
What is the merit system?
Hiring based on qualifications and expertise instead of political loyalty.
What replaced the spoils system?
The merit system.
What characterizes bureaucratic hiring and firing?
Formal and transparent procedures.
What is bureaucratic culture?
The values, norms, and procedures developed within agencies.
How does bureaucratic culture affect government?
It shapes how policies are implemented.
Who are bureaucrats?
Career civil servants working within departments, agencies, or bureaus.
What do whistleblowers do?
Expose corruption or errors and receive legal protection.
Who must be confirmed by the Senate?
Cabinet secretaries, most agency heads, and sometimes bureau leaders.
What is the appointment process step 1?
The president nominates a candidate.
What is the appointment process step 2?
The Senate holds hearings.
What is the appointment process step 3?
The Senate votes on confirmation.
What rule changed Senate confirmations in 2013?
They cannot be filibustered.
Why do some appointees face conflict?
They must follow the president’s agenda but may have independent authority.
How has partisanship changed confirmations?
Senate “no” votes on cabinet nominees have increased dramatically.
What is congressional oversight?
Congress monitoring and controlling agencies through budgets and hearings.
What does Congress control that gives it power over agencies?
The federal budget.
What does congressional oversight often focus on?
Scandals rather than routine monitoring.
How has oversight changed over time?
It has become more partisan.
What is an iron triangle?
A stable relationship between Congress, the bureaucracy, and interest groups.
Why are iron triangles powerful?
Each side benefits through support, funding, and favorable policy.
Where are iron triangles most common?
Low‑visibility policy areas.
What are issue networks?
Larger, more fluid coalitions of actors involved in policymaking.
How do issue networks differ from iron triangles?
They are more open, fluid, and common today.
How long has the U.S. had budget deficits continuously?
Since 2001.
What happened to deficits after 2017?
They increased.