The Judicial Branch
Which Article in the Constitution establishes the judicial branch?
Article III
How does the Supreme Court check the other two branches?
Judicial Review (reviewing laws or presidential actions and determining whether or not they are constitutional).
What are the four groups that make up the Bureaucracy?
Cabinet departments, independent executive agencies, independent regulatory commissions, and government corporations.
What two powers does the bureaucracy have?
Rule Making Authority and Discretionary Authority
How can the President limit the power of the Supreme Court?
By refusing to enforce Supreme Court decisions, appointing Supreme Court nominees, instruct agencies not to enforce Supreme Court decisions, issue an Executive Order to modify a Supreme Court decision.
Where did the Supreme Court get its power of judicial review?
Marbury v. Madison
The President nominates and the Senate confirms.
Who delegates (gives) the bureaucracy their rule-making and discretionary authority?
Congress
What is the difference between a strict and loose constructionist?
A strict constructionist interprets the Constitution literally and believes it should be interpreted to reflect the Founders' intent. A loose constructionists interprets the Constitution as a "living document" and takes modern day context into account.
How can the Supreme Court limit the power of the bureaucracy?
By reviewing a bureaucratic action, rule, or regulation unconstitutional.
Describe the principle of stare decisis.
Courts are required to follow precedent (previous court decisions).
Why do Supreme Court justices serve life terms?
So that they can remain impartial and free from political pressures and not worry about getting re-appointed or re-elected.
What are Iron Triangles?
Relationships between a bureaucratic agency, congressional committee and interest group who are all focused on a given issue or topic.
True or False: A way that the President can check the Supreme Court is by proposing a Constitutional Amendment to Congress.
FALSE. The President plays no role in Constitutional Amendments. They are proposed by a 2/3 vote in Congress and must be ratified by 3/4 of state legislatures.
How can Congress limit the power of the Supreme Court?
Passing a law that modifies a Supreme Court decision, passing a law changing the # of Supreme Court justices, confirm Supreme Court nominees, conduct oversight hearings, propose constitutional amendments.
According to Fed. 78, why is it important that the judicial branch is relatively independent from the other two branches?
What is the biggest reason why a court might go against precedent and overturn a previous decision?
Ideological changes in the court.
The merit system
Congress passes a law about pollution. Who/what would be responsible for implementing that law?
Whichever bureaucratic agency that Congress delegates the rule-making and discretionary authority to. (Example: Environmental Protection Agency).
Which part of the bureaucracy is least likely to be loyal to the President?
Independent regulatory commissions.
What is the difference between judicial activism and judicial restraint?
Judicial activism refers to justices acting in a way that changes a law (striking down a law or action by declaring it unconstitutional). Judicial restraint refers to justices refraining from action in order to allow a law or an action to stand.
How might the Senate's advise and consent powers affect a President's choice for Supreme Court nominees?
The President will choose someone he/she thinks the Senate will approve of.
Legislative Powers- Rule Making
Executive Powers- Implementation of Federal Law
Judicial Powers- Interpreting laws to determine enforcement of regulations.
Why might a political appointee in a bureaucratic agency implement a law differently than someone who is a civil servant (someone who is not a political appointee)?
A political appointee may want to act in a way that advances the president's agenda whereas a civil servant will implement the law based on their expertise in a given field.
President Trump plans on signing an Executive Order to abolish the Department of Education. What is an action Congress could take that would prevent this from happening?
They could refuse to write a law abolishing the Department of Education. They could set aside appropriations for the Department of Education. They could refuse to confirm other Trump bureaucratic appointees. They could conduct an oversight hearing to ensure that Department of Education employees are fulfilling the requirements of their job duties.