Supreme Court of the United States
How many Justices are there currently?
9
Explain the hierarchy of our current judicial branch from MOST powerful to LEAST powerful.
SCOTUS, Courts of Appeals, District Courts
List the hierarchy of the federal bureaucracy
Cabinet (Department Leaders)
Departments
Agencies
Corporations/Commissions
What is it called when Congress can essentially check the bureaucracy
Congressional oversight
What case gave the Judicial Branch the power for judicial review?
Marbury v Madison
Explain the Rule of Four
4 out of 9 justices have to accept the case for it to be reviewed
What is precedent? Provide one example of how we have seen precedent overturned.
A former ruling used in future decisions. Plessy v Ferguson -> Brown v Board
List the four bureaucratic tasks
Writing rules/regulations, enforcing rules/regulations, testify before Congress, iron triangles/issue networks
Provide one way the executive branch can check the judicial branch and another way the legislative branch can check the judicial branch.
Multiple answers:
EX: appoint judges, ignore decisions, etc.
LB: Advice and consent, legislation changing jurisdiction, amendments, budget, etc.
Which president appointed William Marbury?
John Adams
Describe two ways we may see a shift in the Court's ideology
A change in justices and a change in society
What is the difference between judicial activism and judicial restraint?
Activism: judges/justices use their power frequently to act as 'lawmakers'
Restraint: Only strike down laws that are obviously unconstitutional
Why is compliance monitoring important?
It allows the bureaucracy to check on companies to ensure they are following relevant rules/regulations
The bureaucracy consists of experts not lawmakers
In Federalist 78, Alexander Hamilton mentions the need for an independent judiciary. Explain what he means by 'independent.'
Independent from political pressure/public pressure (no need to fear being voted out or making people upset)
What type of jurisdiction does the Supreme Court have? Which do they use most frequently?
Original and Appellate. They mostly use appellate because original is only used when officials/states are involved
List and explain the 3 types of opinions.
Majority: most of the judges agree
Concurring: opinion of a judge who agrees with the ruling BUT has reservations
Dissenting: The opinions of the judges that disagree with the majority
Please provide an example for all four levels of the bureaucracy.
- Department of ________
- FBI, TSA, NASA, etc.
- FDIC, SSA, FEC, etc
Provide the two ways that Congress's power of the purse can impact the bureaucracy.
Appropriations (amount given) / Authorization of Spending (spending approval)
What law did the Supreme Court strike down in Marbury v Madison?
Judiciary Act of 1789
Who is the current Chief Justice (appointed by George W. Bush)?
Chief Justice John Roberts
If you wanted to file for an appeal what type of petition would you issue?
Petition of Certiorari
What law helped create the merit system for the federal bureaucracy?
Pendleton Civil Service Act (1883)
What are the two GENERAL ways the president can impact the bureaucracy?
The ideology (administrations goals) and authority (creating/removing departments, selecting new leaders, etc)