Final Exam Flashcards
What makes the Supreme Court different from the other branches?
- The Robes
- Privacy: curtains drawn when not in session and no cameras
What are the three characteristics of the Judicial Branch?
1) silent branch
2) passive branch
3) independent branch
Why is it the Silent Branch?
There is diminished media coverage compared to the President and Congress, and everything is done in secret so there are no concerns for public opinion.
Why is it the Independent Branch?
Not so closely tied with public opinion, because the judges have life-time appointment and don’t have to worry about pay-cuts for unpopular decisions.
Why did Alexander Hamilton say the judicial branch was independent?
In Federalist Paper #78 he said the courts weren’t just political and the justices had an obligation to protect minority rights (like the flag burning in Texas being declared constitutional).
Why is it the passive branch?
Can’t just solve whichever problems it likes. Has to wait until the cases come to them instead of actively seeking them out.
What is Appellate Jurisdiction?
The track cases take: the 91 District Courts, the Court of Appeals, and then the Supreme Court. They only hear cases brought to them on appeal from lower courts and only review legal issues involved, not factual record.
What is the Judiciary Act of 1789?
Establishes Appellate Jurisdiction.
How do the cases reach the Supreme Court?
1) Federal Route (Appellate)
2) Original Jurisdiction
3) State Supreme Courts
How does Original Jurisdiction work?
A case is heard for the first time by the Supreme Court and is not an appeal. Usually for two reasons: foreign diplomats and state conflict.
What state conflict would incite Original Jurisdiction?
1) US vs. State (like with the Affordable Care Act)
2) State vs. State
3) State vs. Foreign Country
How do State Supreme Court cases go to the federal level?
When at the highest point in the state courts (like Roe v. Wade)
What is standing to sue?
The requirement that plaintiffs have a serious interest in the case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from another party or action of government.
What are class action suits?
Lawsuits in which a small number of people sue on behalf of all people in similar circumstances. (ex: Civil Rights and Environmental Issues)
What are justiciable disputes?
Issues capable of being settled by a matter of law.
What are amicus curiae briefs?
Legal briefs submitted by a “friend of the court” for the purpose of influencing the court’s decision by raising additional points of view and presenting information not contained in the briefs of the formal parties.
What are district courts?
The 91 federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled.
What are the courts of appeal?
Appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies.
What is the Supreme Court?
The pinnacle of the American judicial system. The Court ensures uniformity in interpreting national laws, resolving conflict among the states, and maintains national supremacy in law.
What is bureaucracy?
According to Max Weber, a hierarchical authority structure that uses task specialization, operates on the merit principle, and behaves with impersonality.
What are the most prevalent myths about bureaucracy?
1) Americans dislike bureaucrats
2) Bureaucracies are growing bigger each year
3) Most federal bureaucrats work in Washington DC
4) Bureaucracies are ineffective, inefficient, and always mired in red tape.
What is patronage?
A system in which jobs and promotions are awarded for political reasons rather than for merit or competence.
What is the Pendleton Civil Service Act?
Passed in 1883, an act that created a federal civil service so that hiring and promotion would be based on merit rather than patronage.
What is civil service?
A system of hiring and promotion based on the merit principle.
What is the merit principle?
The idea that hiring should be based on entrance exams and promotion ratings to produce administration by people with talent and skill.
What is the Hatch Act?
A federal law prohibiting government employees from active participation in partisan politics while on duty or for employees in sensitive positions at any time.
What is the Independent Regulatory Commission?
A government agency responsible for making and enforcing rules to protect the public interest in some sector of the economy and for judging disputes over these rules.
What is an independent executive agency?
The government agencies not accounted for by the cabinet departments. Administrators are typically appointed by the president and serve the president’s pleasure. NASA is an example.
What is a government corporation?
A government organization that, like business corporations, provides a service that could be delivered by the private sector and typically charges for its services. The US Postal Service is an example.
What is policy implementation?
The stage of policymaking between the establishment of a policy and the consequences of it for the people affected. Involves translating the goals and objectives of a policy into an operating, ongoing program.
