Posc 150 exam #2 university of delaware

amicus curiae briefs

"friend of the court" documents filed by interested parties to encourage the court to grant or deny certiorari or to urge it to decide a case in a particular way

district courts

-lowest level of the federal court system, distributed based on population - have original jurisdiction over all cases - both criminal and civil law cases

Bureaucratic culture

1) policy commitment 2) identification with the agency 3) specialization and expertise 4) adoption o bureaucratic behavior the accepted values and procedures of an organization

organization of the Federal Bureaucracy

1. cabinet-level departments 2. independent agencies 3. regulatory boards and commissions 4. government corporations

how members of the supreme court are selected

1. merit 2. political ideology 3. Reward - personally nominated by pres 4. representation

executive office of the president

9 organizations that help the president with policy and political objectives

Rep tape

The complex procedures and regulations surrounding bureaucratic activity

Neutral competence

The principle that bureaucracy should be depoliticized (take the politics out of it) by making it more professional. - should be neutral, administering the laws of the land in a fair, evenhanded, efficient, and professional way.

select committee

a committee to deal with the problems a standing committee wont - temporary

jurisdiction

a courts authority to hear certain cases

judicial interpretivism

a judicial approach holding that the constitution is a living document and that judges should interpret it according to changing times and values - opposite of constructionism

strict constructionism

a judicial approach holding that the constitution should be read literally, with the framers' intentions uppermost in mind

Privacy Act of 1974

a law that gives citizens access to the government' files on them

civil-law tradition

a legal system based on a detailed comprehensive legal code, usually created by the legislature

Common-law tradition

a legal system based on the accumulated rulings of judges over time, applied uniformly- judge-made law

cabinet

a presidential advisory group selected by the president, made up of the vice president, the heads of the federal executive departments, and other high officials to whom the president elects to give the cabinet status

presidential veto

a presidents authority to reject a bill passed by congress; may be overridden only by a 2/3 majority in each house

precedent

a previous decision or ruling, that in common-law tradition, is binding on subsequent decisions

agency capture

a process whereby regulatory agencies come to be protective of and influenced by the industries they were established to regulate

appeal

a rehearing of a case b/c the losing party in the original trial argues that a point of law was not applied properly

state of union address

a speech given annually by the president to a joint session of congress and to the nation announcing the presidents agenda

Patronage

a system in which a successful candidate rewards friends, contributors, and party loyalists for their support - with contracts, jobs, and favors.

cloture

a vote to end a senate filibuster; requires a 3/5 majority, or 60 votes

Bureaucracy

an organization characterized by hierarchical structure, worker specialization, explicit rules and advancement by merit

bureaucratic discretion

bureaucrats' use of their own judgment in interpreting and carrying out the laws of congress

citizen advisory councils

citizen groups that consider the policy decisions of an agency; a way to make the bureaucracy responsive to the general public.

executive orders

clarifications of congressional policy issued by the president and having the full force of law

joint committee

combined house-senate committees formed to coordinate activities and expedite legislation in a certain area

government corporations

companies created by congress to provide to the public a good or service that private enterprise cannot or will not profitably provide

issue networks

complex systems of relationships among groups that influence policy, including elected leaders, interest groups, specialists , consultants, and research institutes

concurring opinions (if they agree with the general opinion)

documents written by justices expressing agreement with the majority ruling but describing different or additional reasons for the ruling

dissenting opinions

documents written by justices expressing disagreement with the majority rule

congressional oversight

efforts by congress, especially through committees, to monitor agency rule making, enforcement, and implementation of congressional policies

article 3 section 1

establishment of the court system

legislative liaison

executive personnel who work with members of congress to secure their support in getting a presidents legislation passed

treaties

formal agreements with other countries; negotiated by the president and requiring approval by 2/3 of the senate

writs of certiorari

formal requests by the US supreme court to call up the lower court case it decides to hear on appeal

independent agencies

government organization independent of the departments

independent regulatory boards and commissions

government organizations that regulate various businesses, industries, or economic sectors

Clientele groups

groups of citizens whose interests are affected by the agency or a department and who work to influence its policies. - are sensitive to the groups rather than the public

whistleblowers

individuals who publicize instances of fraud corruption, or other wrongdoing in the bureaucracy

courts

institutions that sit as neutral 3rd parties to resolve conflicts according to the law

administrative law

law established by the bureaucracy, on behalf of congress

statutory law

law passed by a state or the federal legislature ex. wear seat belts, pay taxes

constitutional law

law stated in the constitution or in the body of judicial decisions about the meaning of the constitution handed down in the courts

criminal law

laws prohibiting behavior the government has determined to be harmful to society; violation of a criminal law is called a crime

civil laws

laws regulating interactions b/w individuals, violation of a civil law is called a tort.

procedural laws

laws that establish how laws are applied and enforced -- how legal proceedings take place

substantive laws

laws whose content, or substance , defines what we can or cannot do

Sunshine laws

legislation opening the process of bureaucratic policymaking to the public - meetings of policy makers are open to the public

regulations

limitations or restrictions on the activities of a business or an individual

Civil service

nonmilitary employees of the government who are appointed through the merit system

Departments

one of the major subdivisions of the federal government, represented in the presidents cabinet

divided government

one party controls the white house, and one controls congress

standing committee

permanent committees responsible for legislation in particular policy areas ex. budget, small business, finance

Executive agreements

presidential arrangements with other countries that create foreign policy without the need for senate approval - get around senate approval

inherent powers

presidential powers implied but not states explicitly in the constitution

procedural due process

procedural laws that protect the rights of individuals who must deal with the legal system

Pendleton Act (civil service reform act of 1883)

required the hiring and promoting of civil servants to be based on merit, not patronage

conference committees

temporary committes formed to reconcile differences in house and senate versions of bill

Hatch Act

the 1939 law that limited the political involvement of civil servants to protect them from political pressure and keep politics out of the bureaucracy

freedom of information act (FOIA)

the 1966 law that allows citizens to obtain copies of most public records

Spoils system

the 19th century practice of firing government workers of a defeated party and replacing them with loyalists of the victorious party

head of state

the apolitical, unifying role of the president as symbolic representative of the whole country

original jurisdiction

the authority of a court to hear a case first - doesn't have to be heard by another court first -limited to cases that concern ambassadors and public ministers and to cases in which state is a party

appellate jurisdiction (appeal)

the authority of a court to review decisions made by lower courts - state level

traditional presidency

the founders vision of limited executive power

expectations gap

the gap between the popular expectations of what modern presidents can and should do, and their constitutional powers to get things done

solicitor general

the justice department officer who argues the governments cases before the Supreme Court

Marbury v madison

the landmark case that established the US supreme courts power of judicial review

bureaucratese

the often unintelligible language used by bureaucrats to avoid controversy and lend weight to their words

office of management and budget

the organization within the EOP that oversees the budgets of departments and agencies

iron triangles

the phenomenon of a clientele group, congressional committee, and bureaucratic agency cooperating to make mutually beneficial policy

head of government

the political role of the president as leader of a political party and chief arbiter of who gets what resources

judicial review

the power of the courts to determine the constitutionality of laws - john marshall

cycle effect

the predictable rise and fall of the presidents popularity at different stages of a term in office

Chief administrator

the president's executive role as the head of federal agencies and the person responsible for the implementation of national policy

power to persuade

the presidents ability to convince congress, other political actors and the public to cooperate with administrations agenda

chief foreign policy maker

the presidents executive role as the primary shaper of relations with other nations

commander-in-chief

the presidents role as the top officer of the country's military establishment

Accountability

the principle that the bureaucratic employees should be answerable for their performance to supervisors, all the way up the chain of command

federal register

the publication containing all federal regulations and notifications of regulatory agency hearings

legislative agenda

the slate of proposals and issues that representatives think it worthwhile to consider and act on

senatorial courtesy

the tradition of granting senior senators of the president's party considerable power over the federal judicial appointments in their home states

modern presidency

the trend toward a higher degree of executive power since the 1930s

rule of 4

the unwritten requirement that 4 of the supreme court justices must agree to grant a case certiorari in order for the case to he heard

judicial activism

the view that the courts should be lawmaking, policymaking bodies - like making decisions that shape government policy

judicial restraint

the view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the pass - stare decisis

opinion

the written decision of the court that states the judgement of the majority

inquisitorial system

trial procedures designed to determine the truth through the intervention of an active judge who seeks evidence and questions witnesses - "who did it"

adversarial system

trial procedures designed to resolve conflict through the clash of opposing sides, moderated by neutral passive judge who applies the law - judge's role does NOT include being a truth seeker -designed to determine whether an accused person is guilty