bureaucracy and judiciary

Let's break this down into manageable sections so you can study effectively.

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## The Bureaucracy

### Key Topics & Explanations:

1. Checks on the Bureaucracy (Executive & Legislative Branches)

- Executive Branch:

- President can appoint and remove agency heads.

- Can issue executive orders to direct bureaucratic action.

- Can reduce or propose changes to agency budgets.

- Legislative Branch:

- Congressional oversight (holding hearings, investigations).

- Power of the purse (approving or denying funding).

- Rewriting legislation to limit agency power.

2. Iron Triangle vs. Issue Networks

- Iron Triangle: A stable relationship between a bureaucratic agency, an interest group, and a congressional committee that works to influence policy.

- Issue Networks: A more fluid, temporary coalition of interest groups, experts, media, and government officials that influence policy on a specific issue.

- Similarity: Both involve collaboration to shape policy, but issue networks are broader and more dynamic.

3. Congressional Investigations as a Check on Bureaucracies

- Congress investigates bureaucratic actions through hearings and reports.

- Helps expose inefficiencies, corruption, and abuses of power.

4. Congressional Oversight Tools

- Authorization bills (create or extend bureaucratic programs).

- Appropriations bills (control funding for agencies).

- Committee hearings (force agencies to testify and justify actions).

5. Public's Negative View of the Bureaucracy

- Red tape (too many complex rules).

- Inefficiency & slow processes.

- Discretionary authority: Bureaucrats make decisions not explicitly outlined in laws, which some see as undemocratic.

6. Discretionary Authority & Its Impact

- Bureaucrats interpret vague laws and decide how to implement them.

- Can lead to powerful agencies making policy decisions without Congress.

- People dislike it because it can feel unaccountable.

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## The Judiciary

### Key Topics & Explanations:

1. Judicial Activism vs. Judicial Restraint

- Judicial Activism:

- Judges interpret the Constitution broadly to adapt to modern times.

- Examples: Brown v. Board of Education, Roe v. Wade.

- Judicial Restraint:

- Judges interpret laws strictly, following the original meaning of the Constitution.

- Example: Antonin Scalia’s strict constructionist approach.

2. Judicial Review & Marbury v. Madison (1803)

- Judicial review: Supreme Court can declare laws/actions unconstitutional.

- Marbury v. Madison established this power.

3. Litmus Test in Judicial Nominations

- A test used to determine a nominee’s ideological stance on key issues.

- Presidents appoint judges aligned with their views.

4. Writ of Certiorari & Its Role

- Order from SCOTUS to a lower court to send case records.

- Requires Rule of Four (4 justices must agree to hear the case).

5. Briefs & Amicus Curiae Briefs

- Brief: Legal document explaining one side’s argument.

- Amicus curiae brief: Submitted by an outside group (e.g., interest groups, government) to influence the Court’s decision.

6. Stare Decisis & Its Influence

- Means "let the decision stand."

- Courts follow precedent to ensure stability in law.

- Benefit: Consistency in rulings.

- Drawback: Can uphold bad precedents (e.g., Plessy v. Ferguson).

7. Checks on the Judiciary (Executive & Legislative Branches)

- Executive:

- President appoints judges.

- Can refuse to enforce rulings.

- Legislative:

- Can amend the Constitution to overturn a ruling.

- Can change jurisdiction of courts.

8. Federalist #78 - Key Points

- Alexander Hamilton argued that:

- Judiciary is the weakest branch because it has neither the sword nor the purse.

- Judges should have lifetime tenure for independence.

- Judicial review ensures laws follow the Constitution.

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## Practice Questions & Answer Explanations:

### Multiple Choice Practice

1. Judicial review permits SCOTUS to overrule all except:

Answer: D – The Bill of Rights.

- The Supreme Court cannot overrule constitutional rights.

2. Concurring opinion means:

Answer: D – Justices agree on the ruling but for different reasons.

3. Antonin Scalia’s quote reflects:

Answer: C – Judicial Restraint (strict interpretation of the Constitution).

4. Writ of Certiorari:

Answer: B – Order to send case records to SCOTUS, requiring Rule of Four.

5. Litmus test example:

Answer: E – Senate Judiciary Committee questions nominees about ideology.

6. EPA decision taken to court is an example of:

Answer: D – Adversary culture (people challenge bureaucratic decisions).

7. Madison argued the president should fire federal employees because:

Answer: A – Ensures control over subordinates.

8. Cabinet members often don’t influence the president because:

Answer: D – Their agency goals conflict with presidential priorities.

9. Discretionary authority allows bureaucrats to:

Answer: C – Make policies not explicitly spelled out by laws.

10. Bureaucratic imperialism means:

Answer: C – Agencies grow regardless of costs or benefits.

11. Those who complain about litmus tests are usually:

Answer: D – Out of power (because they dislike ideological bias).

12. Federal courts follow precedent because:

Answer: E – Equal justice requires similar cases to be decided the same way.

13. Bureaucratic power comes from:

Answer: E – The ability to set rules after Congressional authorization.

14. Congress cannot control bureaucracy by:

Answer: C – Firing agency heads (only the president can).

15. Discretionary authority is held by:

Answer: C – Bureaucracy (decides how to implement laws).

16. Most federal cases start in:

Answer: A – District courts.

17. Supreme Court justices have lifetime tenure to:

Answer: A – Keep them free from political pressure.

18. SCOTUS selects its cases based on:

Answer: D – The Court chooses its own cases with some limits.

19. Stare decisis means:

Answer: C – Judges follow precedent.

20. SCOTUS grants certiorari to:

Answer: C – Less than 1-2% of appealed cases.

21. Bureaucratic inefficiency helps:

Answer: A – Protect liberties (prevents rash decisions).

22. Reducing waste requires:

Answer: E – Red tape (strict regulations).

23. "Courts are the last resort for the powerless" supports:

Answer: A – Judicial activism (using courts for social change).

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