Bureaucracy and Judicial Interpretation

A collection of flashcards covering key concepts related to the federal bureaucracy and judicial interpretations.

Bureaucratic Adjudication

The process by which the federal bureaucracy settles disputes over the implementation of federal laws or determines which individuals or groups are covered under regulations.

Bureaucratic Discretion

The power of the bureaucracy to decide how a law is implemented and what Congress actually meant when it passed a specific law.

Federal Civil Service

A system of hiring and promotion based on competitive testing results, education, and other qualifications.

Pendleton Act

An act of Congress that created the first United States Civil Service Commission to enforce rules on hiring, promotion, and tenure for civil service positions.

Political Patronage

Filling administrative positions as a reward for support instead of solely based on merit.

Judicial Activism

A philosophy of constitutional interpretation that suggests justices should use their power of judicial review to actively shape policy.

Judicial Restraint

A philosophy of constitutional interpretation that asserts justices should be cautious in overturning laws.

Dissenting Opinion

An opinion that disagrees with the majority opinion and does not serve as a precedent.

Issue Network

Webs of influence between interest groups, policymakers, and policy advocates.

Bureaucrat

An official employed within a bureaucracy.

Federal Bureaucracy

The departments and agencies within the executive branch that carry out the laws of the nation.

Judicial activism

a philosophy of constitutional interpection that justice should wield the power of judicial review to promote social change.

Judicial Restriction

a philosophy of constitutional interception that asserts justices should be cautious in overturning laws.

Dissenting Opinion

An opinion that disagrees with the majority opinion doesn't not serve as precedent

concurring opinion

An opinion that agrees with the majority decision offering different or additional reasoning

Majority opinion

Binding Supreme Court opinions, which serve as precedent for future cases

Stare decisis

The practice of letting a previous legal decision stand

Precedents

A decision that guides future courts in handling similar cases

Federal court of appeals

The middle level of the federal judiciary: these courts review & hear appeals from district courts

Federal district courts

The lowest level of the federal judiciary, these courts usually have original jurisdiction in cases that start at federal level

Civil law

a category of law covering cases involving private rights and relationships between individuals and groups

Criminal Law

A category of law covering actions determined to harm the community itself

Judicial Review

The authority of the Supreme Court to strike down a law oe executive action if it conflicts w/ the constitution

M V M

A Supreme Court decision that established judicial review over federal laws

Fed no. 78

Argument by Alexander hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties

Appellate jurisdiction

The authority to hear and review decisons made by lower court in the system

Original jurisdiction

The authority of court to act as the first to hear a case, which includes the finding of facts in the case

supreme courts

The highest level of the federal judiciary which was established in article iii of the constitution and serves as the highest court

Federal judiciary

The branch of the federal government that interprets the laws of the nation

going public

a tactic through which president reach out directly to the American people with the hope that people will in return put pressure upon their representatives

Bully pulpit

Presidential appeals to the public to pressure other branches of government to support his/her policies

executive office of president

a collection of offices within the White House organization designed mainly to provide information to the president

Impeachment

The formal process by which the house of reps accuses a federal official of misconduct

War powers resolution

a law passed over president Nixon veto that restricts the power of the president to maintain troops in combat for more than 60 days without congressional approval

executive order

Policy directives by president that do not require congressional approval

Signing statement

Texts issued by presidents while signing a bill into law that usually consists of the of political statement or reasons for signing a bill

executive agreement

an agreement between a president & another nation that does not have the same durability in the American system as a treaty

Presidential privilege

a right claimed by presidents to keep certain conversions, records, and transcripts confidential

Presidential pardon

Presidential authority to forgive an individual and set aside punishment for a crime

Pocket veto

an informal veto caused when the president chooses not to sign a bill within 10 days, during a times when congress has adjourned

Veto

Formal rejection by the president of a bill that has passed both houses of congress

state of union address

The annual speech from the president to congress updately that branch on the state of the nation

Treaty

an agreement with a foreign government negotiated by the president and requiring 2/3 vote of senate to ratify

Informal powers

Powers not laid out in the constitution but used to carryout presidential duties

Enumerated powers

Powers of the president expressly granted in the constitution

Executive Branch

The institution responsible for carrying out laws passed by legislative branch