Federal judiciary
the branch of the federal government that interprets and applies the laws of the nation
Supreme Court
the highest level of the federal judiciary, which was established in Article III of the Constitution and serves as the highest court in the nation
Original Jurisdiction
the authority of a court to act as the first court to hear a case, which includes the finding of facts in the case
Appellate jurisdiction
the authority of a court to hear and review decisions made by lower courts in that system
Senatorial courtesy
when presidents consult with senators from the state in which the vacant district judgeship is located, especially if those senators are from the president's political party
Federalist 78
argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches
Marbury v. Madison
a Supreme Court decision that established judicial review over federal laws
Judicial review
the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution
Criminal law
a category of law covering actions determined to harm the community
Civil law
a category of law covering cases involving private rights and relationships between individuals and groups
Federal district courts
the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level
Federal court of appeals
the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts
Precedent
a judicial decision that guides future courts in handling similar cases
Stare decisis
letting a previous decision stand
Majority opinion
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
Judicial restraint
a philosophy of constitutional interpretation that justices should be cautious in overturning laws
Judicial activism
a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies
Federal bureaucracy
the departments and agencies within the executive branch that carry out the laws of the nation
Bureaucrat
an official employed within a government bureaucracy
Political patronage
filling of administrative positions as a reward for support, rather than merit
Pendleton Act
an act of Congress that created the first United States Civil Service Commission to draw up and enforce rules on hiring, promotion, and tenure of office within the civil service (aka Civil Service Reform Act of 1883)
Federal civil service
the merit-based bureaucracy, excluding the armed forces and political appointments
Spoils system
practice in which a political party, after winning an election, supplies its supporters with government civil service jobs as a repayment for supporting them and as incentive to continue to do so
Merit system
a system of hiring and promotion based on competitive testing results, education, and other qualifications rather than politics and personal connections
Iron triangle
coordinated and mutually beneficial activities of the bureaucracy, Congress, and interest groups to achieve shared policy goals.
Issue network
webs of influence between interest groups, policymakers, and policy advocates
Implementation
the bureaucracy's role in putting into action the laws that Congress has passed
Bureaucratic discretion
the power to decide how a law is implemented and, what Congress meant when it passed the law
Regulation
the process through which the federal bureaucracy makes rules that have the force of law, to carry out the laws passed by Congress
Bureaucratic adjudication
when the federal bureaucracy settles disputes between parties that arise over the implementation of federal laws or determines which individuals or groups are covered under a regulation or program