Download Government Bureaucracies and Federalism: Key Terms and Concepts and more Quizzes Local Government Studies in PDF only on Docsity!
Judicial Review
right of the federal courts to declare an act of Congress and the President unconstitutional TERM 2
Judiciary Act of 1789
DEFINITION 2 established the basic three-tiered structure of the federal court system TERM 3
Marbury vs. Madison
DEFINITION 3 case in which the supreme court first asserted the power of judicial review by finding that the congressional statute extending the court's jurisdiction was unconstitutional TERM 4
trial court
DEFINITION 4 court of original jurisdiction where cases begin TERM 5
appellate court
DEFINITION 5 court that generally reviews only findings of law made by lower courts
jurisdiction
authority vested in a particular court to hear and decide the issues in a particular case TERM 7
original jurisdiction
DEFINITION 7 the jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case TERM 8
appellate jurisdiction
DEFINITION 8 the power vested in particular courts to review and/or revise the decision of a lower court TERM 9
criminal law
DEFINITION 9 codes of behavior related to the protection of property and individual rights. TERM 10
civil law
DEFINITION 10 codes of behavior related to the conduct and relationships between individuals or groups
senatorial courtesy
process by which presidents generally defer selection of district courts judges to the choice of senators of their own party who represent the state where the vacancy occurs TERM 17
writ of certiorari
DEFINITION 17 a request for the Supreme Court to order up records from a lower court to review the case TERM 18
Rule of Four
DEFINITION 18 at least four justices of the Supreme Court must vote to consider a case before it can be heard. TERM 19
solicitor general
DEFINITION 19 the fourth ranking member of the department of justice, responsible for handling nearly all appeals on behalf of the US gov. to the Supreme Court TERM 20
amicus curiae
DEFINITION 20 "friend of the court", amici may file briefs or even appear to argue their interests orally before the court
judicial restraint
a philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge;s own principles TERM 22
judicial activism
DEFINITION 22 a philosophy of judicial decision making that posits judges should use their power broadly to further justice TERM 23
strict
constructionist
DEFINITION 23 an approach that emphasizes interpreting the constitution as it was written and intended by TERM 24
judicial implementation
DEFINITION 24 how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit TERM 25
What is the standing required for the
Supreme Court to agree to hear a case?
DEFINITION 25
- it has to affect you personally and you have to be able to show it2) there has to be a way to remedy the situation
What was the implications of the ruling in
Dred Scott?
Chief Justice Roberts used this case as an example of judicial overreach that undermined court legitimacy for a generation TERM 32
14th amendment
DEFINITION 32 protects private property rights, property can't be taken without due process TERM 33
What was the switch that saved
nine?
DEFINITION 33 The Supreme Court was objecting to FDR's New Deal, so he was going to add additional justices (that would approve it). A vote was switched and the New Deal went through. After that, the activist court became more active. TERM 34
Tendencies of party identification of judges
(for selection)
DEFINITION 34 Republicans tend to support prosecutorsDemocrats tend to support criminal rights and regulationsAs a litmus test, judges are looked at by whether they fall into party lines when being selected TERM 35
per curiam
DEFINITION 35 unsigned opinion (produced by the supreme court)
opinion of the court
signed majority opinion (of the supreme court) TERM 37
concurring opinion
DEFINITION 37 signed opinion agreeing with the majority but for different reasons TERM 38
checks on judicial
power
DEFINITION 38 -because judges have no police force, decisions can be ignored-congress can pass a new law or amendment-judges can be impeached-congress can add # of judges (decision that saved nine)-public opinion TERM 39
federal bureaucracy
DEFINITION 39 the thousands of federal government agencies and institutions that implement and administer federal laws and programs TERM 40
spoils system
DEFINITION 40 the firing of public office holders of a defeated political party to replace them with loyalists of the newly elected party. Andrew Jackson did this
department
major administrative units with responsibility for a broad area of federal government operations TERM 47
independent executive agencies
DEFINITION 47 government units that closely resemble a cabinet department but have narrower areas of responsibility and perform services rather than regulatory functions TERM 48
government
corporations
DEFINITION 48 businesses established by Congress to perform functions that could be provided by private business. Freddie Mac/ Fannie Mae loan crash TERM 49
Hatch Act
DEFINITION 49 the 1939 act to prohibit civil servants from taking activist roles in partisan campaigns. This act prevents federal employers from making political contributions, working for a political party, or campaigning for a particular candidate TERM 50
Federal Employees Political Activities Act of
DEFINITION 50 the liberalization of the Hatch Act allowing federal employees to run for office in nonpartisan election and to contribute money to campaign in partisan elections
iron triangle
the relatively stable relationships and patterns of interactions that occur among agencies, interest groups, and congressional committees or subcommittees TERM 52
issue network
DEFINITION 52 the loose and informal relationships that exist among a large number of actors who work in broad policy area TERM 53
interagency councils
DEFINITION 53 working groups created to facilitate coordination of policy making and implementation across a host of governmental agencies TERM 54
administrative discretion
DEFINITION 54 the ability of bureaucrats to make choices concerning the best way to implement congressional or executive intentions TERM 55
rule making
DEFINITION 55 a quasi-legislative process that results in regulations that have the characteristics of a legislative act
How are officials appointed?
Lower levels: through the civil serviceUpper levels: appointment by the president, approval by the Senate TERM 62
How is the power of bureaucracy
determined?
DEFINITION 62 discretionary authority:ability of bureaucrats to choose a course of action not spelled out in law -payment of subsidies- transferring money to other levels of government-devising and enforcing regulations TERM 63
characteristics of government bureaucracies
DEFINITION 63 Red tape, conflict, duplication, imperialism, waste TERM 64
Bureaucracy reform efforts
DEFINITION 64 Brownlow Commission: recommended more assistants for the PresidentFirst Hoover Commission: ways to improve top- level managementNational Performance Review:stressed customer satisfactionGovernment Performance and Results Act TERM 65
federal system
DEFINITION 65 system of government where the national government and state share power and derive all authority from the people, people can play off the different levels of government against each other to protect their rights
confederation
national government derives its powers from the states, a league of independent states TERM 67
unitary system
DEFINITION 67 local and regional gov. derives all authority from strong national government TERM 68
16th
Amendment
DEFINITION 68 the final part of the Bill of Rights that defines the basic principle of federalism stating that powers not delegated to the national government are reserved for the state or the people TERM 69
Reserved (police) powers
DEFINITION 69 from the 10th amendment. lie at the foundation of a state's right to legisalte for the public health and welfare of it's citizens TERM 70
concurrent powers
DEFINITION 70 shared by national and state government-taxes- unemployment insurance
interstate compacts
between states, carry the force of law, addresses multistate policy concerns TERM 77
McCulloch v. Maryland (1819)
DEFINITION 77 supreme court upheld the power of the national government and denied the right of the state to tax the federal bank using the Constitution's supremacy clause. an interpretation of the necessary and proper clause. aka federal law trumps state law TERM 78
Gibbons v. Ogden (1824)
DEFINITION 78 supreme court upheld congressional power to regulate interstate commerce via the commerce clause TERM 79
Barron v. Baltimore (1833)
DEFINITION 79 supreme court ruled that due process (5th amend) did not apply to the actions of the states. Limited the Bill of Rights to actions of Congress TERM 80
dual federalism
DEFINITION 80 separate and equally powerful levels of government is best
Dred Scott v. Sanford (1857)
supreme court concluded congress lacked constitutional authority to bar slavery in the territories TERM 82
nullification
DEFINITION 82 purported right of a state to declare void a federal law. Not constitutional. ex: Marijuana issue, sanctuary cities for illegal immigrants, and Obama's health care law TERM 83
16th amendment
DEFINITION 83 congress, national income tax TERM 84
17th amendment
DEFINITION 84 senators elected directly by the people TERM 85
cooperative federalism
DEFINITION 85 intertwined relationship between the national, state, and local government that began with the New Deal
local governance
- a city is a municipality chartered by a state-Special Act Charter applies to a certain city and lists what a city can and cannot do TERM 92
waiver
DEFINITION 92 a decision by an administrative agency to let a state deviate from prescribed rules for a program (welfare reform, states will probably ask for waivers from the new health care bill) TERM 93
mandate
DEFINITION 93 a command, indicated by an electorate's votes, for the elected officials to carry out a party platform or policy agenda TERM 94
primary election
DEFINITION 94 election in which voters decide which of the candidates within a party will represent the party in the general election TERM 95
closed primary
DEFINITION 95 a primary election in which only a party's registered voters are eligible to cast a ballot
open primary
a primary election in which party members, independents, and sometimes members of the other party are allowed to participate TERM 97
crossover voting
DEFINITION 97 participation in the primary election with which the voter in not affiliated TERM 98
runoff primary
DEFINITION 98 a second primary election between the two candidates receiving the greatest number of votes in the first primary TERM 99
general election
DEFINITION 99 election in which voters decide which candidates actually fill elective public office TERM 100
initiative
DEFINITION 100 an election that allows citizens to propose legislation or state constitutional amendments by submitting them to the electorate for popular vote
