Unit 2 Terms Judiciary & Bureaucracy

Federal Judiciary

branch in federal government, interprets laws of nation

Supreme Court

highest level of federal judiciary, established in Article 3

Original Jurisdiction

authority of a court to hear a case first

Appellate Jurisdiction

authority of a court to hear and review decisions from lower courts, can overturn/revise decisions

Judiciary Act 1789

filled in details about judiciary missing from constitution, 6 justices (changed to 9)

Levels of Courts

district courts, court of appeals, supreme court

Senatorial Courtesy

president consults with senators from state with a vacant judge to easily appoint new judges

Marbury v. Madison

established judicial review over federal law

Judicial Review

supreme court can strike down a law or executive order if it conflicts with constitution

Criminal Law

what harms community, varies by state with government as prosecutor

5th Amendment

right not to be forced to testify

6th Amendment

impartial jury, speedy and public trial, confront witness, attorney

Double Jeopardy Clause

can't be tried for a crime twice

Civil Law

private rights and relationships

Plaintiff

brings in case of wrongdoing

Defendant

party accused of violation

Federal District Court

original jurisdiction in cases starting at federal level, lowest level of federal judiciary, created by Judiciary Act 1789

Federal Court of Appeals

middle level in federal judiciary, review and hear cases from federal district courts

Writ of Certiorari

supreme court requests records of a case

Precedent

judicial decision that acts as a guide for future decisions

Stare Decisis

practice of letting a previous legal decision stand

Majority Opinion

binding supreme court opinion, precedent for future cases

Concurring Opinion

agrees with majority but has different reasoning than other justices, not precedent for future cases

Dissenting Opinion

disagrees with majority, not precedent for future cases

Judicial Restraint

justices should seldom use judicial review and should adhere to Constitution whenever possible, traditional

Judicial Activism

justices should use judicial review when necessary and sometimes create new policies, promote justice

Article 3 Section 1

creates supreme court, congress can create inferior courts, life terms for judges, salaries cannot be reduced

Article 3 Section 2

determines court jurisdictions, all cases under constitution laws and treaties

District Courts

standard civil and criminal cases

Courts of Appeal

challenge how law was applied, ensure fairness of original rulings

Common Law

British roots, developed by judicial decisions over time

Rule of Law

British Roots, no one is above law

Congressional Checks

confirms/rejects judge nominations, impeach judges, change appellate jurisdiction, pass modified laws, propose amendments

Presidential Checks

nominates federal judges, ignore/delay enforcement of decisions, bully pulpit

Bureaucracy

organization to carry out tasks with rules and procedures

Federal Bureaucracy

departments and agencies in executive branch that carry out laws of nation

Bureaucrat

official employed in government entity

Political Patronage

giving administrative roles as reward for support instead of merit

Pendleton Act 1883

created Civil Service Commission to make and enforce rules on hiring, promotion and tenure of office

Federal Civil Service

merit-based bureaucracy, excluding armed forces

Merit System

hiring and promoting by skill, education, and experience, also called Civil Service System, created by Pendleton Act

Levels of Bureaucrats

cabinet secretaries, senior executive service members, career civil servants

Iron Triangle

coordinated and mutually beneficial activities of the bureaucracy, Congress, and interest groups to achieve shared policy goals

Issue Network

temporary association of agencies, committees, and interest groups to address a specific policy

Implementation

putting laws that Congress passed into action

Delegated Discretionary Authority

Congress gives bureaucracy power to decide how to implement laws and how to interpret broad or vague legislation

Regulation

detailed statement to enforce rules, defines how law should be implemented

Notice and Comment

announce proposed set of rules

Bureaucratic Adjudication

acts like a court, determines which groups or individuals are covered under a program of regulation

Compliance Monitoring

president ensures bureaucracy is following regulations and using funds wisely

Policy Agenda

set of issues policymakers focus on

Departments

largest, major administrative units of government, run by cabinet secretaries, divided into sub-organizations

Independent Executive Agencies

handle more technical tasks not under a department, do not have a cabinet secretary

Commissions

insulated from politics, so sensitive that they need to be separate from external dominance, run by boards

Government Corporation

provide service for public, owned by government, services not entirely paid for by taxes

Spoils System

patronage given to those who supported agenda rather than merit

Oversight Hearing

congress keeps bureaucracy in check by having heads give a hearing about how their organization is functioning

Congress Oversight Powers

review, monitor, and supervise bureaucracies, power of purse to take away funding

Litigation

lawsuits, power of courts to hear a case, process of taking legal action

Inspector General

monitors for corruption and mismanagement within bureaucracy, internal oversight

Writ of Mandamus

court order to an officer to perform a legal duty, declared unconstitutional by Marshall in Marbury v. Madison