Key Concepts in Judicial and Economic Policy

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82 Terms

1

Judicial review

The power of federal courts (both lower federal courts and the Supreme Court have this power) to declare null and void laws passed by the congress or state legislatures that are unconstitutional.

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2

Judicial restraint

An approach to judicial decision making whereby judges defer to the democratically elected legislative and executive branches of government.

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3

Original jurisdiction

Judicial authority to hear cases for the first time and to determine guilt or liability by applying the law to the facts presented.

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4

Appellate jurisdiction

Judicial authority to review the interpretation and application of the law in previous decisions reached by another court in a case.

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5

Judicial activism

An approach to judicial decision making whereby judges are willing to strike down laws made by elected officials as well as step away from precedents.

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6

Living-constitution theory

Places the meaning of the Constitution in light of the total history of the United States.

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7

Original intent theory

Determines the constitutionality of a law by ascertaining the intentions of those who wrote the Constitution.

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8

Plain meaning theory

Interprets the law in light of what the words of the Constitution obviously seem to say.

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9

Dissenting opinion

A judicial opinion disagreeing both with the majority's disposition of a case and with their legal interpretations and conclusions.

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10

Concurring opinion

A judicial opinion agreeing with the majority decision in the case but disagreeing with at least some of the legal interpretations or conclusions reached in the majority opinion.

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11

Marbury v. Madison

The 1803 Supreme Court case that established the power of judicial review, which allows the Court to strike down laws passed by the other branches that it views to be in conflict with the Constitution.

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12

Rule of law

Belief that a country should be governed by consistently applied and legitimately adopted policies and statutes, not by the will of an individual.

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13

Stare decisis

When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court's decision.

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14

Discretionary jurisdiction

The authority of a court to select the cases it will hear from among all the cases appealed to it.

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15

Common law

Judge-made law grounded in tradition and previous judicial decisions, instead of in written law.

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16

Senatorial courtesy

Informal rule that the Senate will not confirm nominees within or from a state unless they have the approval of the senators of that state.

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17

Judicial independence

Insulating judges from the need to be accountable to voters or elected officials so that they can make impartial decisions based on the law.

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18

Statutory interpretation

Act of interpreting and applying ordinary laws, rather than the Constitution, to specific cases.

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19

Writ of certiorari

Latin for 'a request to make certain'; issued by a higher court, this is an order for a lower court to make available the records of a past case it decided so that the higher court can review the case.

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20

En banc

Typically three judges hear the case but in some cases they call an 'en banc' session where all appeals judges in the circuit hear the case.

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21

Rule of four

Practice by which the Supreme Court justices determine if they will hear a case if four or more justices want to hear it.

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22

Adversarial judicial system

A judicial system in which two parties in a legal dispute each present its case and the court must determine which side wins the dispute and which loses.

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23

Attitudinal model

Judicial decision-making model that claims judicial decision making is guided by policy and ideological preferences of individual judges.

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24

Strategic model

Judicial decision-making model that states that the primary guide for judges is their individual policy preferences; however, their preferences are tempered by their consideration of institutional factors, as well as concern over the legitimacy of the court system.

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25

Direct provision

A policy tool whereby the government that creates a policy hires public servants to provide the service.

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26

Indexed benefit

A government benefit with an automatic cost-of-living increase based on the rate of inflation.

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27

In-kind assistance

A cash transfer in which the government pays cash to those who provide goods or services to eligible individuals.

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28

Living wage

A wage high enough to keep workers and their families out of poverty and to allow them to enjoy a basic living standard.

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29

NIMBY syndrome

A pattern of citizens' behavior in which people are not inspired to participate in politics until a government action or inaction threatens them directly.

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30

Safety net programs

Various programs meant to protect low-income Americans from poverty and hardship, to get Americans back on their feet, or to protect those without sound body and mind with a minimum standard of living.

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31

Progressive era

The Progressive movement was a turn-of-the-century political movement interested in furthering social and political reform, curbing political corruption caused by political machines, and limiting the political influence of large corporations.

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32

Independent regulatory agencies

Federal agencies that have been established by Congress to have a certain amount of independence from the President.

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33

Medicare

Federal health insurance for anyone age 65 and older, and some people under 65 with certain disabilities or conditions.

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34

Medicaid

Public health insurance program for some people or families with limited incomes and resources, including children, pregnant women, older adults, and people with disabilities.

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35

Entitlement programs

A program for which the government guarantees benefits to all who meet the eligibility criteria.

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36

Redistributive policies

A government action that moves wealth and resources from one group of people to another - active intervention through policies, such as educational policies, to shape the distribution of market incomes in order to promote fairness and equal opportunities in society.

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37

Regulations

The means by which Federal agencies implement and enforce the laws and legislation passed by Congress.

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38

Negative externalities

Occur when the people who make decisions that impact others do not bear the full costs of their actions.

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39

Recession

An economic downturn during which unemployment is high and the production of goods and services is low.

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40

Business cycle

The fluctuation of the economy between periods of growth and contraction.

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41

Fiscal policy

Government spending and taxing and their effect on the economy.

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42

Monetary policy

The body of Federal Reserve actions aimed at adjusting the amount of money (coin, currency, and bank deposits) in the economy to maintain a stable, low level of inflation.

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43

Budget deficit

More money spent than collected through revenues.

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44

Budget surplus

Money left over after all expenses are paid.

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45

Progressive tax

A tax that takes a larger percentage of the income of wealthier taxpayers and a smaller percentage of the income of lower-income taxpayers.

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46

Regressive tax

A tax that takes a greater percentage of the income of lower-income earners than of higher-income earners.

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47

Proportional tax

A tax that takes the same percentage of each taxpayer's income.

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48

Inflation

The decreased value of money as evidenced by increased prices.

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49

Unemployment

Unemployment adversely affects the disposable income of families, erodes purchasing power, diminishes employee morale, and reduces an economy's output.

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50

Moral Hazard

A situation where someone takes on more risk because they believe they are protected from the consequence.

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51

Federal Reserve Board

The central bank of the United States.

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52

Debt ceiling

The legal borrowing limit for the national government.

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53

Deficit spending

Government expenditures costing more than is raised in taxes, during the budget year, leading to borrowing and debt.

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54

Discretionary spending

Payment on programs for which Congress and the president must approve budget authority each year in appropriation legislation.

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55

Gross Domestic Product

The total market value of all goods and services produced by labor and properties within a country's borders.

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56

Monetarism

The theory that says the government's proper economic role is to control the rate of inflation by controlling the amount of money in circulation.

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57

Keynesian economics

The theory that recommends that during a recession the national government increase its spending and decrease taxes, and during a boom, cut spending and increase taxes.

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58

Supply-side economics

The theory that advocates cutting taxes and deregulating business to stimulate the economy.

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59

Regulated capitalist economy

An economy in which private ownership of the modes of production dominate and the government enacts policies to influence the health of the economy.

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60

Tariff

A special tax on imported goods paid by the importer.

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61

Tax base

The overall wealth (income and assets of citizens and corporations) that the government can tax to raise revenue.

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62

National debt

The total amount of money the government owes to all the individuals and groups that loaned it money.

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63

Treaties

Written agreements between sovereign states (or between states and international organizations) governed by international law.

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64

Protectionist foreign policy

The establishment of trade barriers to shelter domestic goods from foreign competition.

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65

Free trade

The elimination of tariffs and nontariff trade barriers so that international trade is expanded.

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66

Fair trade

A movement that aims to help producers in developing countries get a fair price for their products so as to reduce poverty, provide for ethical treatment of workers and farmers, and promote environmentally sustainable practices.

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67

World Trade Organization

The organization created in 1995 to negotiate, implement, and enforce international trade agreements.

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68

World Bank

The international financial institution created by the Bretton Woods Agreement of 1944 and charged with lending money to nations in need.

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69

Globalization

The process of increasing interdependence and interconnectedness between the world's economies, cultures, and populations.

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70

NATO

An international mutual defense alliance formed in 1949 that created a structure for regional security for its 15 member nations.

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71

Idealists

Foreign policy context holds that a nation-state should make its internal political philosophy the goal of its conduct and rhetoric in international affairs.

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72

Realists

There are no universal principles with which all states may guide their actions. Instead, a state must always be aware of the actions of the states around it and must use a pragmatic approach to resolve problems as they arise.

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73

Cold War

The political, ideological, and military conflict that lasted from 1945 until 1990 between communist nations led by the Soviet Union and Western democracies led by the United States.

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74

European Union

A political and economic union of 27 European countries that was established after World War II to promote stability and economic cooperation.

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75

Interventionism

A foreign policy characterized by a nation's willingness to participate and intervene in international situations, including another country's affairs.

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76

War Powers Act

A law that limits presidential use of military forces to 60 days, with an automatic extension of 30 additional days if the president requests such an extension.

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77

Multilateral

Many-sided; having the support of numerous nations.

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78

Sanctions

Penalties that halt economic exchanges.

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79

Regional security alliances

An alliance typically between a superpower and nations that are ideologically similar in a particular region.

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80

Isolationism

A foreign policy characterized by a nation's unwillingness to participate in international affairs.

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81

Hegemony

A form of imperial geographic dominance.

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82

Diplomacy

The conduct of international relations, particularly involving the negotiation of treaties and other agreements between nations.

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