Bureaucracy & Judicial Branch Study Guide

Bureaucracy

A large, complex organization of appointed officials that implements and enforces laws and policies.

Red tape

Excessive or overly complex regulations and procedures that slow down the bureaucracy’s efficiency.

Pendleton Act (Civil Service Reform Act of 1883)

Established the merit-based system for federal employment, ending the spoils system.

Discretionary authority

The power of bureaucrats to make decisions and enforce laws in vague areas.

Rulemaking

The process by which bureaucratic agencies create regulations that have the force of law.

Iron triangles

The stable relationship between bureaucratic agencies, congressional committees, and interest groups.

Issue networks

A more fluid web of policymakers, interest groups, and experts working on specific policy issues.

Government corporations

Government-run businesses that provide services similar to private businesses.

Independent executive agencies

Federal agencies that operate outside of cabinet departments but are under presidential control.

Cabinet departments

The 15 major executive departments that help implement policy and advise the president.

Independent regulatory commissions

Agencies that regulate specific industries and operate independently of the executive branch.

Clientele groups

Interest groups that benefit from a particular agency’s policies and provide support in return.

Oversight

The process by which Congress monitors and controls the bureaucracy.

Congressional checks

Ways Congress checks the bureaucracy, including budget control and investigations.

Presidential checks

The president influences the bureaucracy through appointments and executive orders.

Judicial checks

Courts can declare agency actions unconstitutional or order changes in rules.

Merit system

Jobs are awarded based on qualifications and exams.

Spoils system

Jobs are awarded based on political loyalty and connections.

Judicial restraint

Judges interpret laws strictly, avoiding policymaking.

Judicial activism

Judges interpret the Constitution broadly and may shape policy through rulings.

Judicial independence

Judges should be free from political pressure and make decisions based on law.

Judicial Review

The power allowing courts to determine the constitutionality of laws and actions.

Structure of the federal court system

Includes District Courts, Courts of Appeals, and the Supreme Court.

The dual court system

The U.S. has both federal and state court systems, each with its own hierarchy.

Original jurisdiction

A court’s authority to hear a case first.

Appellate jurisdiction

A court’s authority to review decisions made by lower courts.

Original jurisdiction of the Supreme Court

The Supreme Court hears cases first in certain disputes and constitutional matters.

The Judiciary Act of 1789

Established the federal court system, including lower courts beneath the Supreme Court.

Checks on the federal courts

Congress can pass amendments and change the court’s jurisdiction.

Stare decisis

The principle of following precedent in court decisions.

Precedent

Past court rulings that influence future decisions.

Majority opinion

The official ruling of the Court reflecting the view of most justices.

Dissenting opinion

Written by justices who disagree with the majority.

Concurring opinion

Written by justices who agree with the ruling but for different reasons.

Per curiam opinion

An unsigned court decision issued by the Court as a whole.

Anti-Federalists concerns about the judicial branch

Feared the judiciary would be too powerful and erode states’ rights.

Rule of Four

The requirement that at least four justices must agree to hear a case.

Characteristics of Supreme Court nominees

Typically have judicial experience and share the president’s ideology.

Importance of Supreme Court nominees for presidents

Justices serve for life, allowing presidents to shape the Court’s ideological balance.

Strict constructionist

Believes in interpreting the Constitution as originally intended.

Loose constructionist

Believes the Constitution is a living document adaptable to modern needs.

Writ of certiorari

A request for the Supreme Court to hear a lower court case.

Judicial conference

A private meeting where Supreme Court justices discuss and vote on cases.