2.8 The Judicial Branch
What is the judicial branch?
What is stare decisis?
A Supreme Court principles that means to "let decision stand"
True or False: Does the bureaucracy have any constitutional power on its own?
True
What is discretionary authority?
Allows agencies to decide how best to implement laws when Congress provides broad guidelines.
What is the Power of the Purse and Appointment?
Power of the Purse: Congress checks the bureaucracy by controlling the budget
Appointment: The president formally checks the bureaucracy by choosing leaders of agencies
What is the Supreme Court?
The only court that is officially established in the Constitution.
What is judicial activism?
When the Supreme Court take an active role in shaping public policy through ruling.
What are the main parts in the iron triangle?
The bureaucracy, Congress, and Interest Groups
Congress passes a law that requires workplace safety standards, leaning the details to the OSHA. What is this an example of?
Rulemaking authority
What is an executive order?
An informal power of the president that is used to direct the bureaucracy without congressional approval.
What is the Judiciary Act of 1789?
Established the structure of the federal court system.
What are precedents?
Court decisions that establish rules to help with future cases.
True or False: The bureaucracy has independent constitutional powers.
False
Why does the bureaucracy lack independent constitutional power?
All of its authority is delegated by Congress
Who are agency directors?
Congress may require these officials to testify and report agency performance.
What are the two types of jurisdictions and what do they do?
Original: hears the case for the first time
Appellate: hears only the appeals
What is Dred Scott v. Sanford?
A Supreme Court case ruled that enslaved people were not citizens and couldn't have any protection from the federal court.
Funding
What is bureaucratic discretion?
Members of the bureaucracy deciding how to carry out policies.
What is the Budget and Impoundment Control Act of 1974?
This 1974 law increased congressional control over spending at the expense of presidential power.
What does Hamilton argue in Fed 78 regarding the judicial branch?
Hamilton argued that lifetime appointment of federal judges ensured their independence from political pressure.
What is the method where the president and Congress respond to the Supreme Court decisions without directly overturning them.
Legislative revision
True or False: The major reason the bureaucracy has so much influence in the federal government is because it carries out and enforces laws passed by Congress
True
The authority that allows bureaucratic agencies to create rules for how laws will be carried out is called what?
Rulemaking Authority
If a federal agency's regulation exceeds the authority delegated by Congress, this branch may invalidate the action by determining if it violates the Constitution. What does this describe?