AP Gov Unit 2: Judiciary and Bureaucracy

Article III

Establishes the Judicial Branch

Federalist 78

Discusses the power of judicial review, life tenure protects judges to be able to make unpopular but constitutional decisions, independence of the judiciary; judiciary has neither the power of the sword nor the power of the purse

Original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. For federal courts, most of the time, district courts have original jurisdiction.

Appellate jurisdiction

The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.

Supreme Court original jurisdiction

Cases that involve ambassadors, other public ministers, other diplomats, cases that involve a state or states as a party

Supreme Court appellate jurisdiction

Hears appeals, at its own discretion, from:

Lower federal courts

Highest state courts

Judicial review

The power of the courts to declare laws or other actions unconstitutional

Judicial activism

The courts overturn current Constitutional and case precedent, or strike down laws or executive actions; often a claim that the courts are acting in politically motivated ways.

Judicial restraint

Judicial review should be limited to decisions that adhere to current Constitutional and case precedent; Limited exercise of judicial power by not overturning legislation or executive actions

Checks on the Judicial Branch

Actions by other branches to limit judicial power, including congressional legislation, constitutional amendments (proposed by Congress), judicial appointments, jurisdiction stripping, and delays in executive enforcement.

Judicial life tenure

Federal judges serve in "good behavior" - that is intended to give independence to the federal judiciary

Impeachment

An action by the House of Representatives to accuse the president, vice president, or other civil officers of the United States of committing "Treason, Bribery, or other high Crimes and Misdemeanors." Federal judges can be impeached.

Certiorari

Order from the US Supreme Court upon granting a petition for Writ of Certiorari, ordering a lower court to provide the Supreme Court with a full record of all proceedings in the lower court; to make more certain the lower court's decision.

Precedent

How similar cases have been decided in the past.

Stare decisis

Let the decision stand; decisions are based on precedents from previous cases

Amicus curiae

A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.

Liberal construction

one who argues a broad interpretation of the provisions of the Constitution, particularly those granting powers to the Federal Government

Strict construction

A judicial philosophy that looks to the "letter of the law" when interpreting the Constitution or a particular statute.

Rule of four

The Supreme Court will hear a case if four justices agree to do so.

Senatorial courtesy

a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state.

Litmus test

An examination of the political ideology of a nominated judge

Solicitor General

Justice Department officer who argues the government's cases before the Supreme Court

Attorney General

The head of the Department of Justice

Department of Justice

Federal department responsible for enforcing federal laws (includes FBI, Civil Rights Division, Antitrust Division, Drug Enforcement Administration...)

Standing

Requirements for bringing a case to court

Court stripping

The attempt to take jurisdiction away from courts to review matters; also called jurisdiction stripping; Changing jurisdiction of federal courts to limit their power

Bureaucracy

A system of managing government through departments run by appointed officials

Cabinet

group of officials who head government departments and advise the President

Rulemaking

The process of translating laws into written instructions on what public agencies will or will not do.

Discretionary authority

The ability of officials to make policies that are not spelled out in advance by laws

Congressional oversight

Power used by Congress to gather information useful for the formation of legislation, review the operations and budgets of executive departments and independent regulatory agencies, conduct investigations through committee hearings, and bring to the public's attention the need for public policy

Iron triangle

A close relationship between an agency (or part of the bureaucracy), a congressional committee, and an interest group

Issue network

Loose, fluid, and informal alliances of policy experts, interest groups, media, and government officials who collaborate to influence specific, often complex, policy areas. Unlike rigid Iron Triangles, these are temporary, issue-focused, and change as debates evolve, driving a more pluralist policymaking process.

Civil service

A system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service.

Patronage

Granting favors or giving contracts or making appointments to office in return for political support

Spoils system

A system of public employment based on rewarding party loyalists and friends.

Political machine

A party organization that recruits voter loyalty with tangible incentives and is characterized by a high degree of control over member activity

Appropriations

Funding that must be authorized by Congress for any federal spending

Power of the purse

Congress's foundational authority to control government spending, serving as a primary check on the executive branch and the federal bureaucracy. This power ensures that no federal agency can spend money that has not been authorized and appropriated by Congress. Congress uses its spending authority to shape, limit, or direct the activities of administrative agencies:

Compliance monitoring

Activities undertaken to establish whether a process or procedure is carried out in conformance with relevant external requirements, whether set through legislation, regulations, or directions