2.7/2.8
This document describes the process of judicial review.
What is Federalist 78?
The legal doctrine under which courts follow precedent.
What is stare decisis?
What asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedents?
What is judicial restraint?
This power is used by the bureaucracy to interpret and implement policies.
What are discretionary powers?
This branch can control agencies like pass legislation and control budgets.
What is the legislative branch?
This is the platform used by the president from which to persuasively advocate an agenda.
What is Bully Pulpit?
This is the rule of 4.
What is an informal rule that at least 4 judges must agree to hear a case?
Name 3 out of the 5 congressional checks on the judiciary.
Appointment/confirmation of judicial nominees
Alter number of judges (including Supreme Court)
Propose a constitutional amendment
Legislation to modify or limit the impact of Supreme Court rulings
Change jurisdiction of lower courts & appellate jurisdiction of the Supreme Court.
This type of congressional check gives members the power to call agency heads to testify, investigate spending, and shape how the agencies implement laws.
What is Congressional Oversight?
These powers help by congress, the president and the courts over the buraucracy are used to maintain accountability.
What are informal powers?
This percentage of court cases are heard in state courts.
What is 97%?
These are justices who agree with the majority opinion but for different reasons.
What is concurring opinion?
Name the 4 categories of the bureacracy.
The Cabinet Departments
Government Corporations
This type of agency operates independently of executive departments.
What are independent regulatory agencies?
How does federalism constrain executive policymaking?
Division of power between state and federal governement.
The judicial system is an act of federalism in this way.
What is a dual court system?
In ex parte McCardle, Congress passed a law suspending the Supreme Court’s jurisdiction in these types of cases.
Name the fluid coalitions consisting of many particpants that come together around a specific policy issue, often temporary.
What is Issue Networks?
This ensures that funds are being used properly and regulations are being followed.
What is compliance monitoring?
The structure of our government makes policy gridlock so common because...
What is the seperation of powers?
In the case of Marbury v. Madison, the Supreme Court ruled that Section ___ of the _______ was unconstitutional.
What is Section 13 of the Judiciary Act of 1789?
Name 3 factors that contribute to the Supreme Court hearing the case.
2 or more circuit courts rule differently on the same issue
The federal government is petitioning for the case
The case presents a civil rights or civil liberties issue
The case has a significant social or political interests
A system of hiring and promotion based on merit and nonpartisanship
What is Civil Service?
This term describes the system of positive behavior rewarded with tax credits or other benefits.
In this court case, the Supreme Court declared that congress could not utilize the commerce clause to force people to buy health insurance, but Chief Justice Roberts re-characterized the penalty as a tax and upheld it under Congress’s taxing power.
What is NFIB v. Sebelius