The federal Bureaucracy & the Judicial Branch

Judicial Independence from Money and Politics

  • How States Choose Judges and Political Influences:

    • States use different methods to select judges:

      1. Elections: Judges are elected by the people. These can be partisan (where candidates declare a political party) or nonpartisan (no party affiliation is declared). This method is influenced by politics because candidates may need campaign donations, potentially making them biased toward donors.

      2. Appointments: Governors or state legislatures appoint judges. Politics play a role because governors or legislators might choose judges who align with their political ideologies.

      3. Merit System: A judicial commission nominates candidates, and a governor appoints one. Judges are later subject to "retention elections" to keep their position. This reduces political influence but doesn’t eliminate it entirely.

  • Federal Judges Appointment and Independence:

    • Federal judges are nominated by the president and confirmed by the Senate.

    • They serve life terms under "good behavior" to ensure they aren’t swayed by politics or public opinion since they don’t need to run for re-election.

    • This process is intended to make judges independent from the executive and legislative branches and ensure they focus on the law and Constitution, not political pressure.

The Constitution and the Federal Judiciary

  • Supreme Court’s Authority (Original vs. Appellate Jurisdiction):

    • Original Jurisdiction: The authority to hear a case first. The Supreme Court has this in cases involving ambassadors, public officials, or when states are parties.

    • Appellate Jurisdiction: The authority to review lower court decisions. Most cases the Supreme Court hears fall under this category, reviewing rulings from federal courts or state supreme courts.

  • Federalist 78:

    • Written by Alexander Hamilton, it argued:

      1. The judiciary would be the "least dangerous branch" because it lacks power over the military (executive) or money (Congress).

      2. Judges should have life tenure to remain independent.

      3. Judicial review (the ability to declare laws unconstitutional) is essential to protect the Constitution.

    • Antifederalists feared the judiciary would be too powerful, but Hamilton argued that courts would protect individual rights and act as a check on Congress.

  • Congress’s Powers over the Federal Court System:

    • Congress decides:

      1. The number of Supreme Court justices.

      2. The creation of lower federal courts.

      3. The structure and jurisdiction of the courts.

  • Qualifications for Federal Judges:

    • The Constitution sets no specific qualifications to become a federal judge. However, nominees’ education, professional experience, and judicial philosophy are scrutinized during the confirmation process.

    • Politics can influence nominations, as presidents often pick judges who share their ideological beliefs.

John Marshall and the Power of the Supreme Court

  • Marbury v. Madison (1803):

    • Background:

      • After the Election of 1800, outgoing President John Adams and the Federalist Congress passed the Judiciary Act of 1801, creating new judicial positions. Adams appointed Federalists to these positions, but some commissions weren’t delivered before Thomas Jefferson took office.

      • William Marbury, one of the appointees, sued Jefferson’s Secretary of State, James Madison, for failing to deliver his commission.

    • Importance of the Decision:

      • Chief Justice John Marshall ruled that Marbury was entitled to his commission but the law Marbury relied on was unconstitutional.

      • This case established judicial review, giving courts the power to strike down unconstitutional laws.

  • The Marshall Court’s Legacy:

    • Under John Marshall, the Supreme Court strengthened federal power and solidified the judiciary as an equal branch of government.

The Organization of the Federal Judiciary

  • Criminal Law vs. Civil Law:

    • Criminal Law: Deals with crimes against society (e.g., theft, murder). Punishments include fines, imprisonment, or death.

    • Civil Law: Involves disputes between individuals or groups (e.g., contracts, property disputes). Usually resolved through monetary compensation.

  • Federal vs. State Court Systems:

    • State Courts: Handle most cases, including family law, traffic violations, and state crimes.

    • Federal Courts: Handle cases involving federal laws, the Constitution, or disputes between states.

  • Structure of the Federal Judiciary:

    1. District Courts: Trial courts where cases start.

    2. Courts of Appeals: Review decisions from district courts.

    3. Supreme Court: The highest court, resolving disputes of national importance.

  • How the Supreme Court Chooses Cases:

    • A case usually reaches the Supreme Court through a writ of certiorari, where at least four justices agree to hear the case.

  • Precedent and Stare Decisis:

    • Precedent: Past decisions guide future cases.

    • Stare Decisis: The principle of respecting precedents to ensure consistency in the law.

  • Court Opinions:

    • Majority Opinion: Reflects the decision of the majority of justices.

    • Concurring Opinion: A justice agrees with the decision but for different reasons.

    • Dissenting Opinion: A justice disagrees with the majority.

Judicial Review, Constitutional Interpretation, and Judicial Decision Making

  • Judicial Activism vs. Judicial Restraint:

    • Judicial Activism: Judges interpret the Constitution to address societal issues, even if it means overturning precedent.

    • Judicial Restraint: Judges stick closely to the original intent of the Constitution and avoid broad changes.

  • Checks on the Supreme Court:

    • Congress can:

      1. Amend the Constitution.

      2. Change the Court’s jurisdiction.

    • The president appoints justices, influencing the Court’s composition.

  • Public Opinion: While not directly influencing decisions, the Court is aware of societal views, especially in landmark cases.

CHAPTER 7: THE FEDERAL BUREAUCRACY

How the Bureaucracy Is Organized

  • Relationship with the Executive Branch:

    • The bureaucracy is part of the executive branch and carries out laws passed by Congress and policies of the president.

  • Development of the Federal Bureaucracy:

    • Spoils System: Gave government jobs to political supporters.

    • Pendleton Act (1883): Created the merit system, where hiring is based on qualifications, not political connections.

The Structure of the Modern Federal Bureaucracy

  • Growth Over Time: The bureaucracy expanded as the government’s responsibilities grew (e.g., New Deal, Great Society programs).

  • Key Structures:

    • Cabinet Departments: Major federal agencies (e.g., Department of Defense).

    • Independent Agencies: Operate outside cabinet departments (e.g., NASA).

    • Government Corporations: Businesses run by the government (e.g., USPS).

  • Iron Triangles: The relationship between bureaucracies, Congress, and interest groups that shapes policy.

The Bureaucracy and Policymaking

  • Law Implementation: Bureaucracies enforce laws passed by Congress, often creating specific rules or regulations.

  • Bureaucratic Discretion: Agencies have flexibility in interpreting laws.

  • Rulemaking: Agencies propose and finalize regulations that have the force of law.

Checks on the Bureaucracy

  • Presidential Powers: Appointments, budgets, and executive orders.

  • Congressional Powers: Oversight, passing laws, and controlling budgets.

  • Judicial Powers: Courts can rule bureaucratic actions unconstitutional.

How the Bureaucracy Is Organized

Relationship Between the Federal Bureaucracy and the Executive Branch

  • The federal bureaucracy is part of the executive branch, working under the president to implement and enforce laws passed by Congress.

  • While the president serves as the head of the executive branch, the bureaucracy consists of departments, agencies, and commissions that handle specific responsibilities (e.g., the Department of Education manages federal education policy).

  • Bureaucrats (government employees) are responsible for carrying out daily operations, while the president and their appointees set priorities.

Development of the Federal Bureaucracy:

  1. Political Patronage (Spoils System):

    • In the 19th century, presidents rewarded political supporters with government jobs, regardless of qualifications.

    • This system led to corruption and inefficiency because employees were often unqualified.

  2. Pendleton Act (1883):

    • After President Garfield’s assassination by a frustrated job-seeker, Congress passed the Pendleton Act.

    • This law established the merit system, where hiring and promotion are based on qualifications and performance rather than political loyalty.

  3. Federal Civil Service and Merit System:

    • The merit system ensured that government employees were selected based on ability and that they served regardless of which political party was in power.

    • Today, most federal workers are part of the civil service, protected from being fired for political reasons.

The Structure of the Modern Federal Bureaucracy

Growth of the Federal Bureaucracy Over Time

  • The bureaucracy expanded during major periods of U.S. history, such as:

    1. The New Deal (1930s): President Franklin Roosevelt created new programs (e.g., Social Security) to address the Great Depression.

    2. The Great Society (1960s): President Lyndon Johnson expanded social welfare programs like Medicare and Medicaid.

    3. Post-9/11: Homeland security efforts led to the creation of new agencies (e.g., the Department of Homeland Security).

Checks and Balances in Appointments

  • The President appoints top officials, such as Cabinet secretaries and heads of major agencies, but these appointments require Senate confirmation.

  • Some bureaucratic roles don’t need Senate approval (e.g., lower-level positions), allowing the president more direct influence.

Basic Structure of the Federal Bureaucracy

  1. Cabinet Departments:

    • The largest units, each focusing on a specific area (e.g., Defense, Education).

    • Cabinet secretaries are political appointees who advise the president.

  2. Senior Executive Service (SES):

    • High-level managers who bridge the gap between political appointees and career civil servants.

  3. General Service (GS):

    • The majority of federal employees are in this category, ranked by a GS pay scale based on experience and qualifications.

Iron Triangles and Policymaking

  • Iron Triangles:

    • Relationships between Congress, interest groups, and the bureaucracy that shape policy decisions.

    • Example: The Department of Agriculture (bureaucracy), farming lobbyists (interest groups), and agriculture-related congressional committees work together to influence farming policies.

The Bureaucracy and Policymaking

How the Bureaucracy Implements Laws

  • Congress passes laws but leaves details to the bureaucracy to decide how to enforce them.

  • Example: Congress might pass a law regulating pollution, and the Environmental Protection Agency (EPA) creates rules specifying how industries must reduce emissions.

Bureaucratic Discretion

  • Bureaucratic agencies have discretion (flexibility) in interpreting and applying laws, especially when laws are vague.

  • This discretion allows agencies to adapt policies to specific circumstances but also gives them significant power.

Rulemaking Process

  1. Agencies propose regulations, often based on public input.

  2. Proposed rules are published in the Federal Register for public comment.

  3. After revisions, the final regulations are published and carry the force of law.

Bureaucratic Adjudication

  • Bureaucracies may settle disputes over how rules are applied.

  • Example: The National Labor Relations Board (NLRB) resolves conflicts between employers and employees over labor practices.

Checks on the Bureaucracy

The President’s Powers Over the Bureaucracy

  1. Appointments:

    • The president appoints top officials to direct the bureaucracy.

  2. Budgets:

    • The president submits an annual budget proposal, shaping how much money agencies receive.

  3. Executive Orders:

    • The president can issue orders directing agencies to take specific actions.

Congress’s Powers Over the Bureaucracy

  1. Legislation:

    • Congress can pass laws to define an agency’s responsibilities and priorities.

  2. Appropriations:

    • Congress controls the federal budget, determining how much funding agencies receive.

  3. Oversight:

    • Congressional committees hold hearings to investigate bureaucratic actions and ensure accountability.

The Supreme Court’s Role

  • The Court can declare bureaucratic actions unconstitutional if they exceed legal or constitutional authority.

Proposed Reforms to the Bureaucracy

  1. Devolution:

    • Shifting responsibilities from the federal bureaucracy to state or local governments.

    • Example: Giving states more control over welfare programs.

  2. Deregulation:

    • Reducing government rules to limit bureaucratic control over businesses.

    • Critics warn this can lead to less oversight and potential harm.

  3. Privatization:

    • Transferring government functions to private companies.

    • Example: Outsourcing prison management to private contractors.