Judicial Branch and Bureaucracy

"Good Behavior Clause"

Justices can only be removed for misconduct.

Judicial Review

SCOTUS power to review if laws/actions are constitutional; established in Marbury v. Madison.

Original Jurisdiction

A court hears a case first.

Appellate Jurisdiction

A court with the ability to review a lower court's decision.

Writ of Certiorari

An order issued by the Supreme Court directing a lower court to send the record of a case for review.

"Rule of Four"

At least four justices must agree to hear a case.

Decision

The outcome of a SCOTUS case.

Opinion

Written explanation of why the court reached its decision.

Majority Opinion

Official ruling of the Court that explains its reasoning.

Concurring Opinion

Justice agrees with the outcome but for different reasoning.

Dissenting Opinion

Justice disagrees with the majority; no legal force but can influence future cases.

Amicus Curiae Brief

"Friend of the court" brief submitted by outside groups to influence rulings.

Chief Justice

Head of the SCOTUS; John Jay was the first Chief Justice.

Precedent

A legal principle or rule established in a past court case used to decide future cases with similar issues.

Stare Decisis

Latin for "let the decision stand"; principle that courts follow prior decisions and past rulings.

Judicial Activism

The belief that SCOTUS should be willing to strike down laws to reflect current values (ex. Brown v. Board).

Judicial Restraint

The belief that SCOTUS should refrain from striking down laws and setting new precedents (ex. Plessy v. Ferguson).

Originalism

A method of constitutional interpretation focusing on the original intent or meaning of the text when written.

Living Constitutionalism

A method of constitutional interpretation viewing the Constitution as a flexible, evolving document.

Political Polarization

Growing ideological divide where Republican Presidents tend to appoint conservative judges and Democrats liberal ones.

Court Packing

When a President tries to add more Justices to SCOTUS to change its ideological balance.

Congressional Checks on Judiciary

Senate confirms judges, passes laws/amendments to overturn rulings, or impeaches judges.

Presidential Checks on Judiciary

Nominates judges, may refuse to enforce rulings, and has the power to pardon.

Bureaucracy

Unelected officials in executive agencies who implement, enforce, and administer federal laws.

Cabinet Departments

15 main agencies (ex. Department of Justice, Department of Defense).

Independent Executive Agencies

Agencies with narrow areas of responsibility (ex. FBI, NSA, NASA, EPA).

Independent Regulatory Commissions

Agencies that regulate parts of the economy, free from direct political control (ex. SEC, FCC).

Government Corporations

Mix of government agency and private company providing services for fees (ex. USPS, Amtrak).

Implementation

Carrying out laws Congress passes ("Do what the law says").

Regulation

Writing rules to enforce laws ("Set the rules to follow the law").

Administration

Managing federal programs and services ("Run the program for the people").

Iron Triangles

Stable, three-way relationships among Congressional committees, bureaucratic agencies, and interest groups.

Issue Networks

Looser, more fluid coalitions of interest groups, experts, media, bureaucrats, and policymakers.

Discretionary Authority

Bureaucrats' ability to decide how to enforce laws when Congress writes vague rules.

Rule-Making Authority

Agencies' power to issue regulations that have the force of law.

Compliance Monitoring

The process by which federal agencies ensure that individuals and organizations follow regulations set by law.