Unit 2 Part 2 Vocabulary

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