Unit 3: Interaction between branches pt. 2

Question 1

Discretion (n.)
(discretionary authority

Answer 1

The freedom to decide what should be done in a particular situation

Question 2

Modern bureaucracy possess _____ granted by Congress

Answer 2

discretionary authority

Question 3

three roles of bureacracy

Answer 3

-write regulations “independently”
-issue fines and enforce regulations
-run grant-in-aid programs; pay subsides

Question 4

what broadened the bureaucracies powers

Answer 4

New Deal & WWII

Question 5

What article of Constitution is bureaucracy in

Answer 5

NONE
-little mention

Question 6

Influence (v.)

Answer 6

to affect the nature, development, or condition of

Question 7

Pendleton Act (1883)

Answer 7

-Began movement to merit system
-Part of the breakdown of political machines
-Promotes professionalism, specialization, political neutrality

Question 8

iron triangle

Answer 8

formally tight alliance of small # of key policy stakeholders

Question 9

Bureaucracy role in iron triangle

Answer 9

-wants funding authority
-needs friendly lobby

Question 10

Congress role in iron triangle

Answer 10

-wants votes & campaign $
-needs to restrain agencies

Question 11

Interest role in iron triangles

Answer 11

wants policy to be enacted & implemented favorably

Question 12

what evolved out of iron triangles

Answer 12

issue networks

Question 13

what created issue netowkrs

Answer 13

-OVERLAPPING agencies and congressional commissions
-COMPETING INTEREST & # of interest

Question 14

Congressional check on the Bureaucracy

Answer 14

-Congress makes the committees
-Makes the budget
-spending must be confirmed by Congress
-confirm leaders

Question 15

Presidential checks on the Bureaucracy

Answer 15

-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

Question 16

Judicial checks on the Bureaucracy

Answer 16

-no political methods or influence
-decisions of courts can impact actions of bureaucracy (most significant today)

Question 17

Article III of Constitution topic

Answer 17

judicial power/the federal courts

Question 18

Judicial power

Answer 18

-judge the law
-makes decision related to the law

Question 19

How long is the term of a federal court judge

Answer 19

-life long term/however long they want
-as long as they BEHAVE

Question 20

specific qualifications for a judge in Constitution

Answer 20

-none stated
-can’t narrow it down because it’s hard to find someone with that high level of knowledge on the law

Question 21

Original Jurisdiction

Answer 21

the first to hear a court case

Question 22

when does supreme court have original jurisdiction

Answer 22

-state is involved in case
-state has a Gov. official

Question 23

appellate jurisdiction

Answer 23

hearing a case on appeal, hearing it as a second higher court

Question 24

when does supreme court hear appellate cases

Answer 24

-everything else that isn’t in original jurisdiction
-most common case they hear

Question 25

restrictions of carrying out a trial stated in the constiution

Answer 25

-jury
-held in state where crime was accused
-if not in a stated, take place where Congress directs it

Question 26

Constitutional Courts

Answer 26

exercise judicial powers under Article III, section 2 of Constitution

Question 27

Legislative Courts

Answer 27

Established by Congress for special purposes under Article I of Constitution

Question 28

US District Courts

Answer 28

-lowest part of constitutional courts
-most commonly hear original jurisdiction

Question 29

US Circuit Courts of Appeal:

Answer 29

-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)

Question 30

US Supreme Court:

Answer 30

-8 associate justice
-1 chief justice
-Grant writ of certiorari

Question 31

Marbury v. Madison main idea

Answer 31

Judicial Review; Article 3 section 2

Question 32

background of Marrbury v. Madison

Answer 32

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

Question 33

writ of mandamus

Answer 33

Order the gov. official to do their job

Question 34

questions to Marbury v. Madison

Answer 34

-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

Question 35

Reasoning of Majority opinion
Marbury v. Madison

Answer 35

Judiciary Act of 1789 gave SC the power to issue writs falsely
-didn’t follow Constitution
-law can’t be above Constitution

Question 36

Impact of Marbury v. Madison

Answer 36

-establishes the Court’s rule of Judicial Review
-constitution comes first