Politics Final - Bureaucracy

Judicial review

The power of the courts to review laws and government actions and declare them unconstitutional if they violate the Constitution

Marbury v Madison

SCOTUS case that established the principle of judicial review under Chief Justice John Marshall

Supremacy Clause

Part of Article VI of the Constitution declaring that federal law is the supreme law of the land over state laws

Standing

Requirement that a person must show a direct injury or stake in a case in order to sue the court

Mootness

A case becomes moot when the issue has already been resolved or is no longer relevant

Writ of Certiorari

An order from SCOTUS requiring a lower court to send up records of a case for review

Rule of four

SCOTUS rule stating that at least four justices must agree to hear a case

Brief

Written legal argument submitted to the Court explaining why a side should win

Oral argument

Stage where lawyers present their arguments before the justices and answer questions

Conference

Private meeting where Supreme Court justices discuss cases and vote

Majority opinion

Official court opinion supported by more than half of the justices

Concurring opinion

Opinion written by a justice who agrees with the decision but for different reasons

Dissenting opinion

Opinion written by justices who disagree with the majority decision

Precedent

A prior court decision used as a guide for deciding future similar cases

Stare decisis

Latin phrase meaning “let the decision stand;” the principle of following precedent

Judicial restraint

Philosophy that courts should avoid overturning laws unless clearly unconstitutional and should defer to elected branches

Judicial activism

Philosophy that courts should take an active role in shaping policy and protecting rights

Originalism

Constitutional interpretation based on the original meaning of the Constitution at the time it was written

Living Constitutionalism

Belief that the Constitution should evolve and adapt to modern society and changing conditions

Chevron Deference

Former doctrine requiring courts to defer to reasonable interpretations made by federal agencies when laws were ambiguous

Loper Bright Enterprises v Raimondo

SCOTUS case that overturned Chevron deference and reduced the power of federal agencies

Solicitor General

Top government lawyer who represents the federal government before the SCOTUS

Law clerks

Assist justices by researching legal issues and helping draft opinions

Cert pool

System where law clerks work together reviewing petitions for writs of certiorari

Discuss list

List of cases the justices formally discuss during conference

Shadow docket

SCOTUS emergency rulings issued quickly without full oral arguments or lengthy opinions

Amicus Curiae Brief

“Friend of the court” brief submitted by outside groups interested in the outcome of the case

NAACP Legal Defense Fund (NAACP-LDF)

Civil rights legal organization known for strategic litigation before the Supreme Court

ACLU

American Civil Liberties Union; organization focused on defending constitutional rights and liberties

Alliance Defending Freedom (ADF)

Conservative legal organization focused largely on religious liberty cases

Judicial philosophy

A justice’s broader beliefs about how courts should interpret laws and the constitution

Political ideology

Personal political beliefs that may influence a justice’s interpretation of the law

Institutional interests

Concern for the Court’s legitimacy, reputation, and long-term authority

Judicial independence

Principle that judges should make decisions free from political pressure

Federal judiciary

The national court system created under the Constitution

Appellate jurisdiction

Authority of a court to review lower court decisions

Departmentalists

People who believed each branch of government should interpret the Constitution for itself

Administrative agencies

Government agencies responsible for carrying out and enforcing laws and regulations

Federal regulations

Rules created by executive agencies to implement laws passed by Congress

Recess appointments

Presidential appointments made while the Senate is temporarily not in session

Enemy combatant

Classification used by the government for individuals suspected of supporting enemy forces during war

Federalism

Division of power between national and state governments

Campaign finance

Laws regulating money used in political campaigns

Civil liberties

Fundamental freedoms protected from government interference

Civil rights

Protections against discrimination and unequal treatment

Brown v Board of Education

SCOTUS case that declared racial segregation in public schools unconstitutional

Roe v Wade

SCOTUS case establishing a constitutional right to abortion

Dobbs v Jackson Women’s Health Organizaiton

SCOTUS case that overturned Roe v Wade

McCutcheon v Federal Election Commission

Case expanding campaign finance protections under free speech rights

Hamdi v Rumsfeld

Case limiting president power by requiring due process rights for U.S. citizens classified as enemy combatants

Kennedy v Bremerton

Case involving prayer by a public school football coach

John Marshall

Chief justice who established judicial review in Marbury v Madison

John Roberts

Current chief justice known for concern about the Court’s legitimacy and institutional reputation

Amy Coney Barrett

Conservative originalist justice appointed in 2020

Stephen Breyer

Justice associated with living constitutionalism

Sandra Day O’Connor

First woman appointed to the Supreme Court

Lifetime appointment

Federal judges and SCOTUS justices serve for life unless they resign, retire, or are removed

Confirmation process

Senate approval process for federal judicial nominees

Partisan polarization

Increasing political division between parties influencing judicial appointments

Court legitimacy

Public trust and belief that the Court acts fairly and according to law

Petition for ceriorari

Formal request asking the SCOTUS to hear a case

Closed-door conference

Private meeting where justices discuss and vote on cases

Opinion assignment

Process where a justice is selected to write the Court’s majority opinion

Special concurrence

Concurring opinion explaining a justice’s separate reasoning

Pattern of cases strategy

Interest group strategy of bringing multiple similar lawsuits to increase chances of SCOTUS review

Selective incorporation

Process through which the Supreme Court applies parts of the Bill of Rights to the states through the 14th Amendment

Court packing

Attempt to expand the size of the Supreme Court for political knowledge

Switch in time that saved nine

Phrase describing Justice Owen Roberts changing his vote during New Deal cases, reducing pressure to expand the court

Swing vote

Justice whose vote can determine the outcome in closely divided cases

Conservative majority

Situation where conservative justices outnumber liberal justices on the court

Judicial deference

Courts showing respect towards decisions made by legislatures or agencies

Constitutional interpretation

Process of determining the meaning of the Constitution

Legal realism

Idea that judges’ decisions are influenced by personal beliefs and social factors, not just law alone

Federal court diversity

Increasing racial, ethnic, and gender representation within the judiciary

Checks and balances

Constitutional system preventing one branch of government from becoming too powerful

Court’s caseload

Number of cases handled by the Supreme Court each year

Certworthy

Informal term describing cases deserving Supreme Court review

Public opinion and the court

The Court may consider public reaction and legitimacy concerns when making decisions

Interest group litigation

Use of lawsuits by organizations to influence public policy and constitutional interpretation

What is the garage can model?

A decision-making model based on trial and error

What is the acquisitive model?

A bureaucratic model focused on increasing budgets and resources

What is privatization

Contracting government services out to private businesses

What is whistle-blowing?

Reporting wrongdoing within government or organizations

What is original jurisdiction?

The authority of a court to hear a case first

Who approves federal judges?

The Senate

How long do federal judges serve?

For life unless impeached

What does Article III cover?

Judicial branch

Article I

Legislative branch

Article II

Executive branch