Judicial Branch Overview
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Questions and Answers

What was the purpose of the Judiciary Act of 1789?

  • To authorize the Supreme Court to issue writs of mandamus (correct)
  • To limit the powers of the Supreme Court
  • To define the role of the federal judiciary in political questions
  • To establish the Supreme Court as the highest appellate court

Which landmark case established the principle of judicial review?

  • Marbury v. Madison (correct)
  • Brown v. Board of Education
  • McCulloch v. Maryland
  • Gibbons v. Ogden

What concern did Brutus express regarding the independent judiciary?

  • It would create a direct oversight over Congress.
  • The judiciary would have the power to control military forces.
  • It would ensure the supremacy of state courts over federal courts.
  • Judges serving for life would lack accountability. (correct)

According to Federalist No. 78, what is necessary for the judicial branch's independence?

<p>Lifetime tenure based on good behavior. (A)</p> Signup and view all the answers

What power does the judicial branch primarily rely on, according to the content?

<p>The power of the pen (D)</p> Signup and view all the answers

What does the political question doctrine imply for the Supreme Court's involvement in certain issues?

<p>The Court must remain neutral and not address political disputes. (D)</p> Signup and view all the answers

Which statement best reflects the consequences of judicial review established by Marbury v. Madison?

<p>Legislative and executive actions can be declared unconstitutional. (B)</p> Signup and view all the answers

What is one limitation on the judicial branch's power?

<p>It is unable to enforce its own rulings directly. (C)</p> Signup and view all the answers

What role does Congress play in relation to court decisions?

<p>It can enact legislation that modifies the impact of a Supreme Court decision. (B)</p> Signup and view all the answers

Which of the following best describes judicial activism?

<p>Judicial decisions reflect the changing values and conditions in society. (C)</p> Signup and view all the answers

What is a characteristic of strict constructionism?

<p>It favors a limited role for the federal government based on original intent. (D)</p> Signup and view all the answers

What does the doctrine of Stare Decisis emphasize?

<p>Reliance on established legal precedents. (A)</p> Signup and view all the answers

Which of the following accurately distinguishes between binding and persuasive precedent?

<p>Binding precedent is mandatory for lower courts, while persuasive precedent is not. (D)</p> Signup and view all the answers

What is a potential disadvantage of following the doctrine of Stare Decisis?

<p>It can perpetuate incorrect legal decisions if not revised. (D)</p> Signup and view all the answers

How can presidential appointments influence judicial precedent?

<p>Judges appointed by presidents from the same party are likely to share similar ideological views. (D)</p> Signup and view all the answers

What does judicial restraint advocate for regarding the role of courts?

<p>Courts should take a backseat and allow elected branches to address most issues. (C)</p> Signup and view all the answers

Which action can Congress take to influence the implementation of a policy?

<p>Conduct oversight hearings (B)</p> Signup and view all the answers

What constitutional provision allows Congress to establish offices and define their powers within the bureaucracy?

<p>Article I, Section 8 (A)</p> Signup and view all the answers

Which type of bureaucratic organization enforces rules for public interest and is led by boards that can only be removed for cause?

<p>Independent regulatory commissions (C)</p> Signup and view all the answers

How does the President influence federal agencies?

<p>By issuing executive orders to instruct agencies (C)</p> Signup and view all the answers

What is the purpose of the Hatch Act of 1939 in terms of bureaucratic neutrality?

<p>To ensure federal employees do not engage in partisan politics (B)</p> Signup and view all the answers

Which of the following correctly characterizes the relationship in an Iron Triangle?

<p>Interest groups provide electoral support to Congress. (D)</p> Signup and view all the answers

Which of the following is true about administrative adjudication in the bureaucracy?

<p>It involves resolving disputes over existing regulations. (C)</p> Signup and view all the answers

What effect does the Civil Service Reform Act of 1978 have on the bureaucracy?

<p>It establishes a senior executive service for management oversight. (B)</p> Signup and view all the answers

In what way do quasi-legislative agencies contribute to the implementation of federal law?

<p>By creating regulations to enforce existing laws. (B)</p> Signup and view all the answers

Which power does Congress use to ensure the accountability of the bureaucracy?

<p>Power of the purse (D)</p> Signup and view all the answers

What is one of the main characteristics of independent executive agencies?

<p>They focus on narrow regulatory issues. (D)</p> Signup and view all the answers

How can the executive branch utilize its authority over the judicial branch?

<p>Through selective judicial appointments. (A)</p> Signup and view all the answers

What is the primary role of the Government Accountability Office?

<p>To investigate federal spending and agency performance. (A)</p> Signup and view all the answers

What does public comment period help achieve in the rule-making process?

<p>Modifying proposed rules based on public feedback. (C)</p> Signup and view all the answers

Flashcards

Judicial Review

The power of the Supreme Court to determine if laws are constitutional.

Marbury v. Madison

Landmark Supreme Court case that established judicial review.

Judicial Independence

The principle that judges should be free from political pressure when making decisions.

Writ of Mandamus

A court order to a public official or court to perform a duty.

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Article 3

Section of the Constitution that established the Judicial Branch.

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Judiciary Act of 1789

Law that set up the lower federal courts and other judicial structures.

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Political Question Doctrine

The principle that allows the Supreme Court to avoid deciding issues that should be left to the other branches of government.

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Judicial Branch Independence

The branch cannot send troops or manage funds.

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Stare Decisis

The doctrine of relying on previous court decisions (precedents) in similar cases.

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Binding Precedent

A precedent set by a higher court that lower courts must follow.

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Persuasive Precedent

A precedent set by a court at the same or lower level that other courts may consider but are not required to follow.

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Precedent

A previous court decision that can guide future decisions in similar cases.

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Judicial Activism

The philosophy that courts should be actively involved in resolving social and political issues.

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Judicial Restraint

The philosophy that courts should be cautious in intervening in social and political issues, leaving those matters to other branches of government.

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14th Amendment Rights

Legal rights guaranteed to all individuals within the Constitution's 14th Amendment.

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Constitutional Precedent

Precedent established from a constitutional legal decision.

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Gun-Free Zones Act

Congress can impact policy by rewriting laws like the Gun-Free Zones Act.

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Fiscal Federalism

Congress using funds to encourage states to act on federal policies

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Executive Orders

The President can address decisions with executive orders.

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Judicial Appointments

Presidents shape the Supreme Court's ideology by appointing judges.

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Necessary and Proper Clause

Constitutional clause that enables Congress to create government agencies.

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Cabinet Departments

Largest government organizations with broad missions.

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Independent Executive Agencies

Agencies focused on specific regulatory tasks.

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Independent Regulatory Commissions

Agencies that enforce federal regulations, like the FDA.

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Government Corporations

Government organizations operating like businesses.

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Administrative Disretion

Agencies' ability to interpret and enforce laws.

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Administrative Adjudication

Agencies' power to make decisions, often involving fines.

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Iron Triangle

Collaboration between interest groups, Congress, and the bureaucracy.

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Issue Networks

Relationships between interest groups, agencies, and others.

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Congressional Oversight

Congress' power to monitor bureaucratic agencies.

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Presidential Influence

Presidents influence agencies through approvals, orders, and removals.

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Study Notes

Judicial Branch

  • Fundamentally established in Article 3
  • Original and appellate jurisdiction
  • Treason
  • Judiciary Act of 1789
  • Authorized SCOTUS to issue writs of mandamus: order public officials to perform duties
  • Marbury v. Madison (1803)
  • Secretary of State Madison refused to deliver commission to new judge Marbury
  • Marbury asked SCOTUS to issue writ of mandamus to Madison
  • SCOTUS declared the writ unconstitutional, establishing judicial review
  • Marbury had right to sue, but not in the SCOTUS
  • Established the political question doctrine
  • SCOTUS refused to get involved (seemingly political)

Judicial Independence

  • Most independent branch
  • Federalists vs. Anti-Federalists debate background:
    • Brutus 15: dangers of a new judiciary with life tenure
    • Concerns that the judiciary would lack accountability to Congress and electorate
    • Deciding constitutionality would make the branch overpower legislature and other states courts
  • Federalist 78: Hamilton's argument for lifetime tenure of judges
    • Holding office during good behavior is a barrier between Congress and president
    • Secures a steady and upright administration
  • Judicial independence:
    • No threat from military force or funds management
    • Only "power of the pen" (interpreting laws)
    • Constitution is a national law; needs a national court to interpret meaning
    • Other branches prevented from acting unconstitutionally

Judicial Review

  • Established by Marbury v. Madison
  • Checks constitutionality of legislative, executive, and state actions
  • Laws deemed unconstitutional are void
  • Example: Brown v. Board of Education (1954): racial segregation in public schools

Precedent

  • Prior rulings, holdings (reasoning behind a decision)
    • Courts use holding to establish rule of law in similar cases
  • Binding precedent: from higher courts
  • Persuasive precedent: from similar courts in same region or neighboring levels; courts may want to "take into account"
  • Stare decisis: rely on past precedent, considering significant differences, level of court, and avoiding devices
  • Allows new precedents to evolve

Judicial Activity pros and cons

  • Pros:

    • Guidance, stability, consistency, predictability
    • Efficiency (settled)

  • Cons:

    • Incorrect decisions impacting more cases (before overturned)
    • Judges limited by settled law (even in disagreement)
    • Ideological shifts: presidential appointments can affect ideological change; presidential influence leads to new precedents from same party

  • Judicial Activism vs. Judicial Restraint

    • Judicial activism: believes courts should uphold "guardian ethic" which resolves social/political problems by interpretation of "living document" and sometimes striking down laws
    • Judicial restraint: believes states and other branches should primarily handle political/social issues; views the Constitution as a "document" with fixed rules from "original intent"

Checks and Balances on Judicial Branch

  • Congress can impact court decisions
    • Modify the impact of a Supreme Court decision
    • US vs. Lopez (1995)
    • Congress rewrote the Gun-Free School Zones Act
  • Congress can conduct oversight, pass amendments, conduct hearings, adjust funding to impact policy
  • Executive branch:
    • Refuses to enforce decisions
    • Creates executive orders to address decisions
    • Influence of judicial appointments to change the ideological makeup of SCOTUS

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Description

This quiz covers the fundamental aspects of the Judicial Branch as established in Article 3 of the Constitution. It discusses key concepts such as original and appellate jurisdiction, important cases like Marbury v. Madison, and the debates surrounding judicial independence. Test your knowledge on these essential topics!

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