AP GOV 6-7 Test Review Notes PDF

Judicial Branch 1: Fundamentally established in article 3 ○ brief and vague ○ original / appellate jurisdiction ○ treason 2: Judiciary Act of 1789 ○ authorized the SCOTUS to issue writs of mandamus orders to public officials or courts to “perfor...

Judicial Branch 1: Fundamentally established in article 3 ○ brief and vague ○ original / appellate jurisdiction ○ treason 2: Judiciary Act of 1789 ○ authorized the SCOTUS to issue writs of mandamus orders to public officials or courts to “perform their duty” 3: Marbury v. Madison 1803 ○ Secretary of state Madison refuses to deliver commission to new judge Marbury ○ Marbury asks the SCOTUS to give a writ of mandamus to Madison to deliver it ○ the SCOTUS decides: writ was unconstitutional, thus established judicial review Marbury has the right to sue, but not in the SCOTUS Established political question doctrine SCOTUS refuses to get involved (seems political) Judicial branch is the MOST independent ○ federalist v anti federalist debate background ○ dangerous: Brutus 15 concerns that new judiciary with lifetime tenure would lack accountability to congress and electorate deciding constitutionality would make the branch overpower legislature and other state courts (Above addressed in) Federalist 78 ○ Hamilton said lifetime tenure is necessary holding office during good behavior provides a barrier between congress and the president (check) secures steady upright administration Judicial branch independence ○ no threat because it cannot send out military forces, or manage funds ○ only power is “power of the pen” ○ the constitution being a national law, needs a national court to interpret meaning other branches are prevented from acting unconstitutionally Judicial review ○ Established by Marbury v. Madison Checks the constitutionality of Legislative, Executive, and State actions Reminds that laws deemed unconstitutional are void ○ EXAMPLE: Brown v. Board of Education 1954 Racial segregation in public schools  violate 14th amendment rights the SCOTUS says state laws that conflict with the constitution are void Precedent: prior rulings ○ courts look at the holding (reasoning behind a court decision) to establish rule of law in similar case ○ Binding Precedent when comes from higher courts ○ Persuasive Precedent from a court in the same “region” or neighboring level other courts would like to “take into account” ○ can be avoided in cases with significant differences (or exceptions) Stare Decisis: doctrine to RELY on past precedent ○ Depends on whether the material facts are the same, level of court decision, use of avoiding devices also allows new precedent to evolve ○ PROS guidance stability, consistency, predictability efficient (settled) less arbitrary ○ CONS incorrect decisions affecting more cases (before overturned) judges are limited by settled law even in disagreement choice of precedent is sometimes biased Ideological shifts ○ presidential appointments can affect ideological change judges are appointed by the presidents: usually from the same party gives presidential influence that can lead to new precedents ○ judicial outlooks loose constructionist: constitution is broad and therefore has an evolving interpretation JUDICIAL ACTIVISM ○ living document ○ courts should uphold “guardian ethic”: part of its job IS to resolve social, economic, and political problems EXAMPLE: striking down gun free zones act strict constructionist: the constitution “means what it says” and tends to narrow the federal government's power as they believe the constitution must be applied according to “original intent”  JUDICIAL RESTRAINT ○ believes states and other elected branches should solve political, social, economic, and political issues ○ ^ only acting on cases with a clear constitutional question Checks on the Judicial Branch ○ Congress legislation impacting court decisions legislation to modify the impact of a SCOTUS decision US v. Lopez 1995 ○ congress rewrote Gun-Free Zones Act can cut or increase funding to impact policy can propose an amendment can conduct oversight hearings can use fiscal federalism to encourage states to carry action at their level ○ Executive can refuse to enforce the decision or direct the bureaucratic agencies to refuse to enforce can issue a narrow executive order to address decisions can use judicial appointments to change ideological makeup of the SCOTUS The Bureaucracy Constitutional origins ○ A1 S8: includes the necessary and proper clause (congress can create offices and establish powers) ○ A2 S2: president can nominate leaders with consent of the senate Executive branch holds majority control, legislative and judicial also hold influence ○ (1. Executive 2. Legislative 3. Judicial) Different forms and the tasks performed by various: ○ Cabinet departments (EX: department of energy) largest organization in government (largest mission, highest rank in federal hierarchy) appointed by president, confirmed by senate can then be removed by president ○ Independent executive agencies (EX: nasa) not accounted for by cabinet, independent regulatory focus (narrow focus) appointed by president, confirmed by senate  can then be removed by president ○ Independent regulatory commissions (EX: fda) protect public interest by enforcing rules and resolving disputes over federal regulation in the conduct of individuals, or companies (private sector) headed by “boards” can only be removed “for cause” ○ government corporations (EX: US postal service) government organizations that are like businesses, provides a service that could be given by the private sector, charges for its services headed by board of governors appointed by president, confirmed by senate can then be removed by president Quasi-Legislative ○ rule making authority (applying past laws) testify in congressional oversight hearings Quasi-Judicial ○ have administrative discretion, so decide how a law will be applied ○ administrative adjudication issuing fines Political Patronage ○ spoils system: jobs through friendship Civil Service ○ Pendleton Act 1882 Civil service jobs awarded by merit (competitive exams) ○ civil service commission for oversight ○ illegal to fire or promote for political reasons Merit System Reforms ○ Neutrality: Hatch Act 1939 federal employees may not directly support or oppose a candidate or political party, may not fundraise for either, nor run for office ○ Specialization: Civil Service Reform Act 1978 new agencies and oversight are revamped by office of personnel management senior executive service: just below top presidential employees oversee specific agencies Iron Triangle ○ Congress  gives: funding and political support to the bureaucracy, friendly legislation and oversight to interest groups ○ Bureaucracy gives: policy choices and execution to congress, low regulation and special favors or access to interest groups ○ Interest Groups gives: electoral support to congress, congressional support via lobbying to the bureaucracy Issue Networks ○ Hyperpluralism: iron triangles much less common today more interest groups (none singularly powerful) more subcommittees (none singularly powerful) ○ INCLUDES: interest groups, congressional committees, universities, bureaucratic agencies, mass media, and local governments Discretionary Authority ○ Means of enforcing regulations (administrative adjudication) Congress sets enabling legislation Rule-Making Authority ○ creating regulations to implement federal law Congressional Oversight ○ oversight hearings bring investigation and bring in people to demonstrate transparency in airing how the will of congress is enforced ○ power of the purse appropriations: earmarks for agencies and activities authorization bills: yearly cap on permissions in spending (year) ○ government accountability office bureaucratic agency tasked to investigate federal spending Presidential Influence on Agencies ○ ideology: guides appointees and therefore align with policy goals ○ authority: executive orders can instruct an agency ○ influence: returning bureaucrats can be removed so they don't obstruct administration goals Compliance Monitoring ○ bureaucratic self check: accountable to itself ○ sometimes slows down implementation checks to go through with a decision Public Influence ○ Public and shared matters ○ public comment period: new rules are published in federal register and are open to comments results in modification before finalization