Judiciary (Unit 2)

⚖ Structure of the Federal Court System

Level	Number of Courts	Primary Jurisdiction	Constitutionally Mentioned
U.S. District Courts	94	Original jurisdiction – hear cases for the first time	No (created by Congress)
U.S. Courts of Appeals (Circuit Courts)	12	Appellate jurisdiction – review lower‑court decisions	No (created by Congress)
Supreme Court	1	Both original and appellate jurisdiction (case‑dependent)	Yes (Article III)

All courts below the Supreme Court were established by the Judiciary Act of 1789.

Original jurisdiction: The authority to hear a case first‑hand.
Appellate jurisdiction: The authority to review decisions of lower courts.

📜 Judicial Power and Review

Lifetime appointments → judges are insulated from electoral pressures, ensuring independence.
Judicial review – power to declare laws constitutional or unconstitutional; not explicitly in the Constitution.
Marbury v. Madison (1803) – landmark case that cemented judicial review, dramatically expanding Supreme Court authority.

“Judicial review is the court’s duty to interpret the Constitution and invalidate laws that conflict with it.”

📚 Precedent and the Principle of Stare Decisis

Precedent: A court decision that serves as a binding template for future cases unless extraordinary circumstances arise.
Stare decisis (Latin for “let the decision stand”) → guides courts to follow established rulings.

Aspect	Description
Binding nature	Lower courts must follow Supreme Court precedents; the Supreme Court is less bound but still guided.
Overturning precedent	Rare; occurs in cases like Brown v. Board of Education (desegregation).

⚖ Judicial Activism vs. Judicial Restraint

Judicial activism – Courts actively shape policy, considering broader societal impacts beyond strict constitutional text.
Judicial restraint – Courts limit themselves to interpreting the Constitution’s literal language, avoiding policy‑making.

Dimension	Judicial Activism	Judicial Restraint
Philosophy	Judges can create policy; consider societal effects.	Judges should not create policy; only strike laws that clearly violate the Constitution.
Examples	Brown v. Board of Education (civil rights expansion).	Strict adherence to text, minimal overturning of statutes.
Ideological lean	Can be liberal or conservative depending on context.	Often associated with conservative approaches.

🏛 Ideology, Appointments, and Court Dynamics

Presidents appoint judges who share their political sympathies.
Since the 1970s, conservative presidents have selected conservative judges aiming to revisit decisions like Roe v. Wade (abortion rights).
Efforts to overturn Roe have so far been unsuccessful, illustrating the complex interaction of ideology and judicial independence.

🔧 Checks on Judicial Power by Other Branches

Presidential Actions
- Judge appointments – new justices can shift the Court’s ideological balance (e.g., 2016 election motivations).
- Non‑enforcement – Presidents may ignore Supreme Court rulings (e.g., Andrew Jackson’s defiance of the Cherokee case).
Congressional Measures
- Legislation – Congress can pass laws that nullify judicial decisions, such as the 13th Amendment nullifying Dred Scott (slavery).
- Amendments limiting jurisdiction – the 11th Amendment restricts the Court’s authority over certain cases.

“Congress can limit the Supreme Court’s reach by defining which cases it may hear.”

🏢 Structure and Functions of the Federal Bureaucracy

Organizational Hierarchy

Component	Role	Example
Cabinet Secretaries	Lead 15 executive departments (e.g., Department of Defense, Department of Energy).	Oversees departmentwide policy implementation.
Agencies	Subunits within departments executing specific tasks.	IRS (tax collection) within the Department of Treasury.
Commissions	Semi‑independent regulatory bodies, governed by boards.	Federal Communications Commission (FCC) – media regulation.
Government Corporations	Hybrid entities delivering public services via market mechanisms.	PBS – educational media production.

Core Functions

Write and enforce regulations (delegated discretionary authority).
- Example: The 16th Amendment created the income tax; the IRS set filing deadlines and procedures.
Compliance monitoring – ensure industries follow established rules; may involve fines for violations.
Testifying before Congress – agency heads report actions, answer questions, and maintain accountability.

Delegated discretionary authority: Power granted by Congress allowing agencies to create detailed rules for implementing statutes.

---## 🔺 Iron Triangle

Components:
- Bureaucratic agencies
- Congressional committees
- Interest groups
How they interact
1. Bureaucrats provide technical expertise to Congressional committees.
2. Congressional committees allocate funding (the “power of the purse”) to agencies and listen to interest groups for policy impact insights.
3. Interest groups contribute campaign contributions to Congressional members and supply policy data to both agencies and committees.

“The mutual reliance among agencies, committees, and interest groups creates a durable, self‑reinforcing policy network called the iron triangle.”

🏛 Major Federal Departments & Agencies (7 Key Examples)

#	Agency / Department	Primary Purpose
1⃣	Department of Homeland Security (DHS)	Protect the U.S. from terrorism; secure national borders.
2⃣	Department of Transportation (DOT)	Oversee highways, air travel, rail, and maritime transportation.
3⃣	Department of Veterans Affairs (VA)	Manage veterans’ hospitals and welfare programs.
4⃣	Department of Education (ED)	Guide states in implementing federal education standards.
5⃣	Environmental Protection Agency (EPA)	Regulate industry to protect the environment and public health.
6⃣	Federal Election Commission (FEC)	Administer and enforce campaign‑finance laws.
7⃣	Securities and Exchange Commission (SEC)	Regulate the stock market and prevent securities fraud.

Leaders of these entities are appointed by the President.
The President can remove department heads and agency leaders (except many regulatory commission chairs).
Commission heads often serve fixed, staggered terms that outlast any single presidency.

👔 Presidential Checks on the Bureaucracy

Appointment power: President selects heads who align with executive goals.
Removal authority: Can dismiss department secretaries and many agency directors.
Performance reviews: Example – President Clinton’s National Performance Review required agencies to reassess missions and objectives.

“Presidential influence is strong but not absolute; regulatory commissions enjoy term protection that limits direct dismissal.”

🏛 Congressional Checks on the Bureaucracy

Legislative oversight:
- Committees hold hearings; agency directors testify and submit reports.
- Oversight can be cooperative or confrontational.
Power of the purse:
- Congress authorizes budget allocations; agencies cannot spend without committee approval.
Committee alignment: Many congressional committees are structured to correspond with specific agencies, reinforcing the iron triangle.

⚖ Judicial Checks on the Bureaucracy

Citizens can challenge agency actions in court when they appear unconstitutional or exceed statutory authority.
Courts generally uphold agency authority unless there is a clear legal violation.

“Judicial review acts as a safety valve, ensuring bureaucratic rules do not overstep constitutional bounds.”

📜 Evolution of Bureaucratic Hiring

Patronage System (Early U.S. History)
- Jobs awarded as political rewards to campaign supporters.
- Led to corruption (e.g., the assassination of President Garfield over a denied patronage job).
Pendleton Civil Service Act (1883)
- Established a merit‑based system; competitive examinations required for federal jobs.
Civil Service Reform Act (1978, Carter Administration)
- Reinforced merit principles, expanded opportunities for women, and improved human‑resource management.

These reforms aimed to make the bureaucracy professional, neutral, and specialized.