Judicial Branch 1
Which Article establishes the Judicial Branch?
III
In what types of cases does the Supreme Court have original jurisdiction?
disputes between states or disputes between ambassadors
How many justices are on the Supreme Court?
9
Define bureaucracy.
A large, complex, hierarchical organization composed of departments, agencies, and commissions who help carry out government functions
What two branches are involved in the appointments and confirmations of the heads of federal agencies?
Congress - confirms
District Courts, Circuit Courts, Supreme Court
Which court case established the principle of judicial review?
Marbury vs. Madison
How can Congress override a Supreme Court decision?
Amend the Constitution
What is delegated discretionary authority?
the power given by Congress to bureaucratic agencies, allowing them to make decisions and interpretations within the bounds of a law, essentially giving them flexibility in implementing policy based on their judgment
What is congressional oversight?
The power of Congress to monitor, review, and supervise federal agencies, programs, and policies
What is a majority opinion?
a court's decision that is supported by more than half of the judges involved in the case - it explains the court's legal reasoning and the result of the case
What is concurring opinion? Why might a justice write one?
Explanation for why a justice voted the way they did - if they agreed with the majority decision, but for different reasons.
Name two factors that insulate the Supreme Court from public opinion.
Life tenure
Appointed, not elected
Salaries cannot be reduced
The Court chooses its own cases/sets its own agenda
What are the three parts of an Iron Triangle?
Congressional Committees, Interest Groups, Bureaucratic Agencies
How does the Judicial Branch check the bureaucracy?
This is the practice where judges take an active role in interpreting the law and making decisions that can create new legal precedents or change existing ones.
This viewpoint encourages judges to follow the Constitution, prior court rulings, and the intent of the legislature, and to avoid unnecessary interference in the law-making process
judicial restraint
Name two factors that keep the Supreme Court accountable to the people.
Nominations must be confirmed by the Senate
They must rely on the executive branch to implement/enforce decisions
Justices can be impeached
Congress controls the appellate jurisdiction of the Supreme Court
What is the patronage system?
Political patronage refers to the practice of providing government jobs, contracts, or other benefits to individuals in exchange for their political support
How can the President influence the bureaucracy? (2 ways)
The President appoints the heads of departments and agencies
The President can review the actions of agencies to ensure they go along with the President's agenda
The President can issue executive orders to departments and agencies
What is stare decisis?
"Let the decision stand" - the practice of using precedent, or previously decided cases, to decide cases.
What is a petition of certiorari?
A formal request to a higher court to review a lower court's decision if someone is unhappy with the way their case was decided.
In Federalist 78, Hamilton argued that the Judicial Branch was the weakest because: (2 reasons)
It lacked enforcement power
It lacked the power of the purse
What is the merit system and what Act established it?
a method of hiring and promoting government employees based on their abilities, skills, and performance rather than political connections; Pendleton Civil Service Act
How can Congress influence the bureaucracy? (2 ways)
Setting the budgets for agencies
Congressional oversight
Confirming heads of agencies
Delegating discretionary authority
Passing legislation requiring certain standards be met for hiring, firing, and other procedural issues