Unit 2B Study Guide: Supreme Court and Bureaucracy Flashcards
(31 cards)
What is the function of the Supreme Court?
To act as the highest court in the United States, interpreting the Constitution and deciding whether laws passed by Congress or actions taken by the executive branch are constitutional.
What are Hamilton’s views on the judiciary in Federalist No. 78?
The judiciary is the ‘least dangerous’ branch of government and emphasizes the importance of an independent judiciary with the power of judicial review.
How are federal judges/justices selected?
Includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation.
How are state judges/justices selected?
Through election and appointment; some states provide only for election of judges.
What does original jurisdiction mean?
A court’s authority to hear and decide a case for the first time before any appellate review occurs.
Explain the organization of the federal courts.
Structured with three primary levels: U.S. District Courts (trial courts), U.S. Courts of Appeals (intermediate appellate courts), and the Supreme Court (court of final review).
What is the President’s role in the Supreme Court process?
The President nominates justices with the Advice and Consent of the Senate, as provided in the Constitution.
What did the Judiciary Act of 1801 establish?
It established new circuit courts and federal court jurisdiction.
What was the major outcome of Marbury v Madison?
The U.S. Supreme Court first declared an act of Congress unconstitutional, establishing the doctrine of judicial review.
What is the difference between criminal law and civil law?
Criminal law is used to punish people who break the law, while civil law resolves disputes between people or organizations.
What did the Judiciary Act of 1789 establish?
It established the United States federal court system, including the Supreme Court, circuit courts, and district courts.
What is stare decisis?
A legal principle where courts follow rulings from previous cases with similar facts.
What is judicial restraint?
A position where judges ensure fairness and justice only when the legislature and executive neglect their duties.
What is judicial activism?
When judges make decisions based on their own political or personal views, rather than strictly interpreting the law.
How does Congress check the courts?
By controlling the jurisdiction of federal courts, confirming or rejecting judicial appointments, and impeaching federal judges.
How does the President check the courts?
By nominating Supreme Court justices and issuing executive orders, which courts can rule unconstitutional.
What is the federal bureaucracy?
The departments and agencies within the executive branch that carry out the laws of the nation.
What checks does Congress have on the bureaucracy?
Direct oversight through holding hearings, making appointments, and setting budget allowances.
Who were Washington’s first cabinet members?
Secretary of State Thomas Jefferson, Secretary of the Treasury Alexander Hamilton, Secretary of War Henry Knox, and Attorney General Edmund Randolph.
What is political patronage?
Filling administrative positions as a reward for support rather than merit.
What did the Pendleton Act of 1883 establish?
A merit-based system for hiring federal government employees, replacing the spoils system.
What are issue networks?
Groups of people who work together to promote a specific issue or policy.
What is the President’s role in the bureaucracy?
The President can issue executive orders and has the power to extend pardons and clemencies for federal crimes.
Who are General Service employees?
Civilian employees within the U.S. federal government paid according to the General Schedule (GS) pay scale.
