The Judiciary
This is the foundational document that is all about the Judiciary
Federalist 78
Who is the longest serving president?
FDR (elected to four terms, died during fourth term).
What is judicial activism?
Striking down laws and acts of the president that violate the rights of the people.
What is the purpose of the bureaucracy?
Implement and enforce the laws of Congress.
"Power of the sword": courts cannot make policy or enforce their own rulings. Congress makes policy and the president enforced the courts rulings.
What is the minimum age to become president?
35
What is judicial restraint?
Not striking down laws or actions of the president even if they violate the rights of the people.
Name three bureaucratic agencies
NASA, EPA, FDA, FBI, CIA, Department of Justice, etc.
Name and describe the most important power of our courts.
Judicial review: the power to strike down laws of Congress, executive actions of the president, and bureaucratic rules.
Name three formal powers of the president.
-Veto
-Commander in chief
-Negotiate treaties
-Appoint officials
-State of the Union
Judicial ______ calls for judges to rely on precedent and defer to elected officials while judicial _____ calls for judges to make new policies by striking down laws and reversing previous precedent.
Restraint, activism.
What is the difference between bureaucratic rule-making and discretion?
Rule making: writing of official rules, policies or regulations as to how the laws of Congress will be enforced.
Discretion: when individual bureaucrats make decisions about how to implement the law without writing a formal rule or regulation.
Precedent: how courts have ruled previously.
Stare decisis: utilizing precedent (past rulings) to help guide current rulings.
Name two ways the president shape the bureaucracy?
-Issue Executive orders
-Hire bureaucratic agency heads
-Fire bureaucratic agency heads
-Use the bully pulpit to put pressure on the bureaucracy to properly implement his agenda
Name a time the Supreme Court has utilized judicial review to strike down a law of Congress
US v. Lopez: Gun Free School Zone Act.
Marbury v. Madison: Judiciary Act
What are the three sides of the iron triangle and the purpose of the iron triangle?
-Bureaucracy, congress, and interest groups
-Influence policy
What is one advantage and disadvantage of utilizing stare decisis?
Advantage: ensures consistency among court rulings.
Disadvantage: previous court rulings have permitted discrimination (segregation).
Why is the appointment of judges the president's most lasting impact on government?
Judges have lifetime tenure, meaning they can continue to serve/make impactful rulings for decades after the president leaves office.
What are the three ways a justice can leave the court? Which way is most common
-Death, retire, impeach
-Death
Why would the Hatch Act prohibit NASA employees from campaigning for members of Congress that support raising NASA's budget.
The Hatch Act bans government employees (bureaucrats) from engaging in political activities or campaigning while on the job.