AP GOV Unit 4 Pt. 2

What is senatorial courtesy?

:a custom in which presidential appointments(judicial in this case) are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state

What are quasi judicial powers?

A quasi-judicial power refers to the power vested in the commissions established by law, administrative officers, or bodies to determine the rights of those who appear before it. A quasi-judicial power has been described as the power or duty to investigate and to draw conclusions from such investigations.

Where do most of the cases heard by the Supreme Court come from?

Appellate courts

For what reasons do bureaucratic agencies rarely seem to lose power?

Because they are people and we want to make sure they keep their jobs.

Which officers make up the up the White House Staff?

Chief of Staff, White House Press Secretary, Deputy Chiefs of Staff, Senior Advisors (could also be a chef or a dog-walker)

Who controls the sizes of the federal courts?

Congress

What are the major Cabinet Departments?

Department of Defense, Department of Justice, Department of Homeland Security, Department of Energy, Department of Health and Human Services

Which Cabinet Department has the largest budget?

Department of Defense, with ___% of the federal budget

Which Chief Justice is most associated with judicial activism?

Earl Warren

What are examples of independent regulatory agencies?

Federal Communications Commission and Securities and Exchange Commission are examples of independent regulatory agencies.

How does Congress use oversight hearings to control the federal bureaucracy?

Hearings in congressional committees or subcommittees make people testify and find wrongdoings which can be used as leverage for budget cuts

What are the parts of an iron triangle?

Interest groups, Congress, and the Bureaucracy

How can Congress respond if it disagrees with a Supreme Court ruling?

It can be slow to enact court-supported policies, ____

What is the difference between judicial activism and judicial restraint?

Judicial activism is when SCOTUS is actively involved in policy making, and judicial restraint is when SCOTUS chooses to not actively participate in policy making.

How is judicial review a part of the system of checks and balances?

Judicial review acts as a check to both the executive and legislative branches because it allows the Court to rule their actions unconstitutional

What is the difference between a staff agency and a line agency?

Line agencies carry out policies and provide services; staff agencies advise, includes the executive office of president, the office of cabinet and the office of managements and budget, national Security Council.

What actions can the president take to try to control the federal bureaucracy?

Nominate people to be appointed to a department, executive orders, give directions to an agency of what it needs to accomplish, reorganize federal departments

What are quasi legislative powers?

Quasi-legislative power means the administrative agency's power to engage in rulemaking.

Which congressional committee is in charge of reviewing Supreme Court nominee?

Senate Judiciary Committee

Where are most cases in the United States heard?

State and local courts

In what circumstances does the Supreme Court have original jurisdiction?

Suits between two or more states and/or cases involving ambassadors and other public ministers

What is the purpose of a writ of certiorari?

Supreme Court judges use it to get information for a particular case from the circuit courts. it is used when SCOTUS judges decide to review a case.

What is the process for creating a bureaucratic agency?

The President sees a need for a new agency, makes it, and Congress says okay.

What policy making powers do bureaucratic agencies have?

They are policy specialists, when they make laws they create the specific details of the law.

How does a strict constructionist approach judicial decisions?

They make their decisions based on the original intent of the Constitution and what it meant at the time of drafting

Why does a justice write a dissenting opinion?

To disagree with the majority decision made by the majority of the Court

What was the purpose of the Pendleton Act?

To end Patronage; passed in 1883 after the death of President Garfield, who died as a result of the patronage issue.

Why does a justice write a concurring opinion?

To not only agree with a decision made by the majority of the Court, but to argue for another reason in favor of its decision

What is the rule of four?

When SCOTUS Justices are deciding which cases that the Court shall hear, it's the rule that if at least four justices are in favor of hearing it, then it will be added to the Court's agenda

Why does Congress allow the bureaucracy to have policy making discretion?

all of the minute details of carrying out policy cannot be anticipated, so it is just easier to allow the bureaucracy exercise discretion

If a justice believes in judicial activism, how do they approach cases?

create new policies with their decisions, wish to overturn or create new precedents, judges apply Constitution to modern situations

During what kinds of time do government bureaucracies tend to grow the most?

during crisis-national emergency and wartime

What did the government do to expand the rights of accused criminals during the 1960s?

expanded civil rights and civil liberties; all defendants receive publicly funded counsel(Gideon vs. Wainwright) and accused should be clearly explained their rights(Miranda vs. Arizona)

What is the reason for an amicus curiae brief?

for someone not directly involved in the case to offer information that affects the case, most common in case under appeal

What is the main weakness of the judicial branch?

it is unable to enforce its own decision, thus is reliable on others for implementation

What are the characteristics of a bureaucracy?

specialization, hierarchical organization, formal rules (standard operating procedures)

If a justice believes in judicial restraint, how do they approach cases?

stay out of policymaking completely, judges follow precedents even when they disagree, judges strictly interpret the language of the Constitution

How is the Supreme Court insulated from public opinion?

the Supreme Court appoints judges for life so they don't have to answer to the public when they decide cases

What are examples of government corporations?

the USPS any organization that provides a service that a private organization could

What is the role of the Secretary of State?

the head of the State Department, responsible for foreign affairs

What does stare decisis mean?

the legal principle of determining points in litigation according to precedent; "let the decision stand" - lower court's decision is affirmed

In what ways is the Supreme Court indirectly controlled by public opinion?

the people elect the president who in turn appoints the supreme court justices, also the senate, which is also elected confirms these appointees

Who are the litigants in a court case?

the plaintiff (bringing about the case), the defendant, impartial jury, judge, clerk

What was the patronage system?

when jobs are given to certain people because they loyally supported a person or a party