Unit 3: Interaction between branches pt. 2 Flashcards
Discretion (n.)
(discretionary authority
The freedom to decide what should be done in a particular situation
Modern bureaucracy possess _____ granted by Congress
discretionary authority
three roles of bureacracy
-write regulations “independently”
-issue fines and enforce regulations
-run grant-in-aid programs; pay subsides
what broadened the bureaucracies powers
New Deal & WWII
What article of Constitution is bureaucracy in
NONE
-little mention
Influence (v.)
to affect the nature, development, or condition of
Pendleton Act (1883)
-Began movement to merit system
-Part of the breakdown of political machines
-Promotes professionalism, specialization, political neutrality
iron triangle
formally tight alliance of small # of key policy stakeholders
Bureaucracy role in iron triangle
-wants funding authority
-needs friendly lobby
Congress role in iron triangle
-wants votes & campaign $
-needs to restrain agencies
Interest role in iron triangles
wants policy to be enacted & implemented favorably
what evolved out of iron triangles
issue networks
what created issue netowkrs
-OVERLAPPING agencies and congressional commissions
-COMPETING INTEREST & # of interest
Congressional check on the Bureaucracy
-Congress makes the committees
-Makes the budget
-spending must be confirmed by Congress
-confirm leaders
Presidential checks on the Bureaucracy
-nominates leaders
-executive order to set how policy is carried out
President tries to get the committees to do what he asks for; if they help→more freedom in committees and budgeting
Judicial checks on the Bureaucracy
-no political methods or influence
-decisions of courts can impact actions of bureaucracy (most significant today)
Article III of Constitution topic
judicial power/the federal courts
Judicial power
-judge the law
-makes decision related to the law
How long is the term of a federal court judge
-life long term/however long they want
-as long as they BEHAVE
specific qualifications for a judge in Constitution
-none stated
-can’t narrow it down because it’s hard to find someone with that high level of knowledge on the law
Original Jurisdiction
the first to hear a court case
when does supreme court have original jurisdiction
-state is involved in case
-state has a Gov. official
appellate jurisdiction
hearing a case on appeal, hearing it as a second higher court
when does supreme court hear appellate cases
-everything else that isn’t in original jurisdiction
-most common case they hear
restrictions of carrying out a trial stated in the constiution
-jury
-held in state where crime was accused
-if not in a stated, take place where Congress directs it
Constitutional Courts
exercise judicial powers under Article III, section 2 of Constitution
Legislative Courts
Established by Congress for special purposes under Article I of Constitution
US District Courts
-lowest part of constitutional courts
-most commonly hear original jurisdiction
US Circuit Courts of Appeal:
-Set of judges who hear a case and decided if it’s original trial/process was improperly done (don’t determine guilt or innocence)
-appellate jurisdiction (only hear on appeal from district courts)
US Supreme Court:
-8 associate justice
-1 chief justice
-Grant writ of certiorari
Marbury v. Madison main idea
Judicial Review; Article 3 section 2
background of Marrbury v. Madison
John Adams presidency ended and he was appointing officials to office with commissions. Adam was running out of time and Marrbury didn’t receive his commission until the end of Adam’s term. New prez. Thomas Jefferson didn’t deliver the commission. Marbury petitioned supreme court with writ of mandamus
writ of mandamus
Order the gov. official to do their job
questions to Marbury v. Madison
-Did Marbury have a right to the writ? yes
-Are Courts able to issue such writs under the laws of the US? yes
-Is the Supreme Court able to do so as petitioned? no
Reasoning of Majority opinion
Marbury v. Madison
Judiciary Act of 1789 gave SC the power to issue writs falsely
-didn’t follow Constitution
-law can’t be above Constitution
Impact of Marbury v. Madison
-establishes the Court’s rule of Judicial Review
-constitution comes first
