Gov Unit 3 exam

judicial review

constitutional power to examine the constitutionality of a law

fed 78

discusses the power of judicial review. It argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency. Hamilton viewed this as a protection against abuse of power by Congress.

article 3

Article of the Constitution that sets up the Judicial Branch and defines treason.

legal precedent/stare decisis

establishes idea that new laws should follow things set up by previous laws

judicial independence

keeps judges independent from political party influence

District courts

the lowest federal courts; federal trials can be held only here

Appellate courts

Courts hearing cases appealed from a lower court.

Supreme Court

highest court in the united states

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.

Appellate jurisdiction

The authority of a court to review decisions made by lower courts

Writ of Certiorari

order from a higher court directing a lower court to send a case for review

Judicial activism

when scotus justices go against precedent set by previous rulings

Judicial restraint

when scotus justices stay in line with previous rulings

the federal bureaucracy

agencies and the employees of the executive branch of government

Cabinet department

One of the 15 departments of the executive branch (State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Homeland Security, Housing and Urban Development, Education, Energy, Transportation, and Veterans Affairs).

Independent executive agencies

federal organizations that exist outside of the authority of the President

independent regulatory commission

federal agencies created by Congress, designed to regulate specific economic activities or sectors with autonomy from the President and executive branch

Government corporations

federal agencies created by Congress designed to help certain economic activities, they operate without the president

Rulemaking

refers to its authority to prescribe procedural rules for federal courts

Regulations

refer to both the internal rules governing the Court's procedures and the court's rulings that determine the legality of federal agency regulations.

Notice-and-comment procedure

A step in the rule-making process in which proposed rules are published in the Federal Register and made available for debate by the general public.

Adjudication

the process of determining whether the defendant is guilty

Iron triangles

three-way relationship between congressional committees, bureaucratic agencies, and interest groups that dominates policy-making in specific areas

Issue networks

temporary alliance of diverse stakeholders , interest groups, media, scholars, and government officials—who collaborate to influence a specific policy area

The patronage system (spoils system)

where a winning political party rewards supporters, friends, and workers with government jobs and favors

The federal civil service

non elected federal agencies, hired and promoted based on merit (qualifications, exams) rather than political patronage

Discretionary authority

the power delegated by Congress to bureaucratic agencies to create, interpret, and enforce specific regulations within the federal law

Rulemaking authority

the power delegated by Congress to federal bureaucratic agencies to create, amend, and enforce specific regulations that have the force of law

Checks on the bureaucracy

the constitutional powers and oversight mechanisms used by the three branches to limit, control, and hold federal agencies accountable (budgetary powers, oversight, legislation, appointments, firing power, executive orders)

Oversight of the bureaucracy

the processes—primarily by Congress, but also the President and courts—used to monitor, review, and control federal agencies and those appointed to control it

Police patrol oversight

a method of oversight in which members of congress constantly monitor the bureaucracy to make sure that laws are implemented correctly

Fire alarm oversight

A method of oversight in which members of Congress respond to complaints about the bureaucracy or problems of implementation only as they arise rather than exercising constant vigilance.

State capacity

The knowledge, personnel, and institutions that the government requires to effectively implement policies.

Problem of control

the difficulty elected officials (principals, such as Congress or the President) face in ensuring that non-elected bureaucratic agencies (agents) implement policies according to original legislative intent, while still allowing bureaucrats enough discretion to apply their expertise.

Regulatory capture

created to act in the public interest, are co-opted by the special interests of the industries they regulate

Red tape

excessive, rigid, or redundant regulations and bureaucratic procedures that hinder efficiency and slow down decision-making

Standard operating procedures

established, step-by-step, written instructions used by bureaucratic agencies to manage routine operations, ensure consistency, and improve efficiency

Office of Management and Budget (OMB)

the largest component of the Executive Office of the President (EOP), responsible for implementing the president's agenda by preparing the federal budget, overseeing agency performance, and managing regulatory policy

Budget maximizers

government bureaucrats who seek to increase their agency's funding, staff, and authority regardless of whether the additional spending is necessary

bureaucratic drift

the tendency of bureaucratic agencies to implement policies in ways that favor their own political objectives, preferences, or ideology rather than following the original, intended policy goals of Congress or the President

presidential appointments

president assigns someone to head position of an agency

Executive orders

laws made by the president that do not require congressional approval as they can be overturned by the following president

Budget control

the mechanisms, primarily Congress's "power of the purse," used to regulate federal expenditures and revenue

bill of rights

first 10 amendments in constitution that guarantee certain personal liberties

First Amendment

freedom of religion, assembly, press, speech & petition

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

Establishment Clause

part of the first amendment that prohibits the establishment of a state religion

Wisconsin v. Yoder

SCOTUS case that Amish families' First Amendment free exercise of religion outweighs the state's interest in compulsory education beyond the 8th grade

Tinker v. Des Moines

SCOTUS Case that protects the protest rights for students

Symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Time, manner, and place regulations

content-neutral, justifiable restrictions placed on First Amendment activities (speech, assembly, press) to ensure public order and safety

Defamation

Act of harming or ruining another's reputation

Libel

written defamation

Slander

spoken defamation

Schenk v. United States

Supreme Court case which said freedom of speech could be revoked if it posed "a clear and present danger" to the nation

Direct incitement test

Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.

New York Times vs. United States

Was a United States Supreme Court Case. The Supreme Court ruled that it was possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure.

Prior restraint

government censorship of information before it is published or broadcast

Commercial speech

communication in the form of advertising, marketing, or promotional activity that proposes a commercial transaction or relates to economic interests

Miller test

rule used by the courts in which the definition of obscenity must be based on local standards

"Heavy presumption against prior restraint"

Supreme Court doctrine stating that government censorship or prohibition of publication before it occurs is almost always unconstitutional

Strict scrutiny

A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal

intermediate scrutiny

evaluate the constitutionality of laws, primarily concerning gender discrimination and some speech restrictions

McDonald v. City of Chicago

SCOTUS Case that incorporated the Second Amendment right to bear arms to state and local government

Fourth Amendment

Protects against unreasonable search and seizure

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Fifth Amendment's Due Process Clause

prohibits the federal government from arbitrarily violating individual rights. It guarantees fair legal procedures (procedural due process) and protects fundamental rights from government interference

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Gideon v. Wainwright

SCOTUS case which determines a person who cannot afford an attorney may have one appointed by the government

double jeapordy

being charged or tried for the same crime twice

Eight Amendment

forbids excessive bail and cruel or unusual punishment

Fourteenth Amendment's Due Process Clause

state's cannot abridge rights guaranteed by the federal government

Civil war/Reconstruction amendments

13th (abolished slavery), 14th (citizenship), 15th (voting rights).

The incorporation doctrine

The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.

Selective incorporation

the legal doctrine, established through Supreme Court case law, that applies certain rights from the Bill of Rights to state governments on a case-by-case basis.

Procedural due process

the constitutional requirement that the government must follow established, fair legal procedures—such as notice, a hearing, and an impartial tribunal

Substantive due process doctrine

that protects fundamental, unenumerated rights

Miranda rights

A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.

exclusionary rule

legal principle prohibiting evidence obtained through illegal searches or seizures

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy

Dobbs v. Jackson Women's Health Organization

a landmark Supreme Court case that held the U.S. Constitution does not confer a right to abortion, overturning Roe v. Wade (1973)

Jim Crow laws

segregation laws enacted in the South after Reconstruction

Plessy v Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for black and white people were equal

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

Title IX of the Education Amendments Act of 1972

Prohibits government money from being used for anything that discriminates on the basis of gender.

Direct impact standard

the immediate, tangible, and intended effects that a specific law, policy, or government action has on individuals, groups, or the broader political system

Rational basis tests

the most lenient form of judicial review used by courts to determine the constitutionality of a statute or regulation

Brown v. Board of Education of Topeka

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Students for Fair Admission vs. Harvard

You cannot use race as a factor in college admissions

Political socialization

the lifelong process by which individuals acquire their political beliefs, values, attitudes, and behaviors, shaped by factors like family, school, peers, and media

Opinion polls

A method of systematically questioning a small, selected sample of respondents who are deemed representative of the total population.

Benchmark polls

initial poll on a candidate and issues on which campaign strategy is based and against which later polls are compared

Tracking polls

continuous surveys that enable a campaign or news organization to chart a candidate's daily rise or fall in support

Exit polls

polls based on interviews conducted on election day with randomly selected voters

Mass survey

a way to measure public opinion by interviewing a large sample of the population

Ideological polarization

The effect on public opinion when many citizens move away from moderate positions and toward either end of the political spectrum, identifying themselves as either liberals or conservatives.

Policy mood

The level of public support for expanding the government's role in society; whether the public wants government action on a specific issue.

Fiscal policy

the government's use of taxation and spending to influence the economy, controlled by Congress and the President

monetary policy

the regulation of money supply and interest rates by the Federal Reserve (the Fed) to manage inflation and economic growth