Unit #2 Interaction Among Branches of Govt. PDF

Terms: Article III - Article III of the constitution established the Judicial branch, which gave the supreme court’s the power to interpret the constitution as the supreme law of the land. appellate jurisdiction - The authority of a higher court to review and possibly revise the decisions made by...

Terms: Article III - Article III of the constitution established the Judicial branch, which gave the supreme court’s the power to interpret the constitution as the supreme law of the land. appellate jurisdiction - The authority of a higher court to review and possibly revise the decisions made by a lower court. Appellate Jurisdiction makes it so that the lower court decisions are legally correct and ensures that the laws are applied uniformly/equally. appellate/circuit courts - These are intermediate federal courts that review the decisions from district courts. These courts are crucial in refining legal principles and creating legal precedents. Bureaucracy - A system of government in which highly specialized departments run by officials, manages the implementation and the enforcement of the laws. Depending on the department the interpreted laws are specialized for different goals. bureaucratic inertia - The tendency of bureaucratic agencies to continue existing and establishing new ways to enforce/revise laws when change is necessary. Often leads to an inefficient government and usually requires reform. bureaucratic discretion - The power that bureaucratic agencies have to interpret the laws that are passed by congress, and how they apply the law. Discretion allows agencies to have leniency when shaping policies civil law - Branch of law that deals with disputes between individuals, organization and government. This is different from criminal prosecutions, as it regards civil disputes. It ensures personal rights. civil service system - A system in which the government hires employees based on their merit rather than their political patronage. This enables a government that is not as corrupt and more effective and neutral government workforce. criminal law - Laws that are related to crimes and punishment. Criminal laws are applied to those whose actions are deemed as harmful to society, and it is necessary in maintaining an ordered public society that ensures protections of citizens. Congressional oversight - Power that is given to congress to check the power and rule of the president. Congress is given the power to hold hearing and investigations to ensure that the president is properly following the guidelines of the law compliance monitoring - The process by which agencies ensure individuals and organizations follow regulations and laws that are set by the bureaucracy. It makes sure that agency workers and the organization are accountable and enforce standards. discretionary power - Authority given to agencies and agency heads to make decisions as long as they are constitutional/within bounds. This enables a governance that is flexible, but could lead to uneven application of law. district courts - The lowest level of federal courts, and generally where cases are initially tried and decided. Handle most of the federal cases and provide the first level of judgment. Department of Homeland Security - Federal department that focuses on the protection of the nation from terrorism, natural disasters, and general national threats. The Department of Homeland Security coordinates national security efforts. Department of Veterans Affairs - Provides healthcare and public benefits to veterans. It is essential in supporting individuals who have served in the military. Department of Transportation - Focuses on the regulation of transportation systems within the US. It makes sure that safe and easy travel is possible and manages infrastructure maintenance. Department of Education - Responsible for educational policies and programs that are set in the national education standards. Supply resources to schools to help support educational standards. Environmental Protection Agency - agency responsible for regulating and enforcing environmental laws. Ensure that the environment does not interfere with human health, by regulating pollution and enforcing conservation laws. Federal Elections Commission - Agency that regulates the campaign laws, especially finance laws for federal elections. It ensures a fair and transparent electoral process. federal bureaucratic agencies - Government departments and agencies that are tasked with implementing federal policy and law. They are given discretion in how they interpret the law, and play a major role for day to day operation of laws. iron triangles - The relationships between agencies, interest groups, and congressional committees that work together to shape policy. They enable a strong, self sustaining policy. Implementation - The process by which government agencies enforce and carry out the laws and policies that are passed by congress. Implementation is crucial for public policy and how they affect citizens' lives. issue networks - Loose coalition of interest groups, policymakers, and experts that work together to influence policy in a specific area. They allow for a diverse input but can complicate the policy making process. judicial review - Power of the supreme court to overturn and interpret laws that are deemed as unconstitutional. The power to judicial review was established after marbury v. madison. judicial appointment - The power given to the president to appoint judges to the federal courts. Appointments by the president must be approved by the senate with a majority vote. judicial activism - Philosophy that the judicial courts should be constantly active in the interpretation of the constitution and make policy decisions. It can lead to progressive rulings but is often controversial. judicial implementation - The process by which court decisions are put into practice, by the law. Implementation ensures that judicial ruling impacts society and shapes new legal standards. judicial restraint - The philosophy that courts should interpret the constitution narrowly and avoid policy making. It promotes stability in law but may limit legal protections. Jurisdiction - The authority a court has to hear and decide a case. The Jurisdiction determines which court can adjudicate cases. judicial independence - The concept that judges should be impartial and free from political influence. This ensures that the judicial branch is unbiased when making judicial decisions. life term - The formal/enumerated power of the judiciary to serve life terms as long as they give fair decisions and are capable physically. While life terms are given to the judiciary, the judges are able to be impeached and convicted. Marbury v Madison (1803) - Federal court case that concerned Marbury, whose commission was not passed after the election of 1800 (John Adams vs. Thomas Jefferson). merit system - The practice of hiring government employees based on the ability and qualifications rather than their political affiliation or patronage. This ensures that corruption does not take place and promotes a more effective government workforce. original jurisdiction - The authority of a court to hear a case first. Courts that typically get original jurisdiction are the Supreme Court or district courts. Typically referred to as trial courts/ political patronage/the spoils system - The practice of awarding government positions to people that support the administration, rather than people that bring merit. Historically, it led to corruption and was replaced by a merit system. political questions - Issues that the courts avoid ruling on because they are seen as political and should be left to congress to handle. This ensures the separation of powers, leaving political decisions only to congress. Precedent - A principle that a court established in an earlier case that is binding in later cases. It ensures consistency in the law, but it could be overturned by higher courts if it does not uphold the constitution. Regulations - Rules implemented by the government agencies to implement the laws passed by congress. Regulations have the equivalent of the force of law and impact aspects of daily life and businesses. rule of four - is a Supreme Court practice which requires that at least four justices must agree to hear a case until it is brought up for consideration. This makes it so that the court works on cases that have higher impact. rule making authority - Power given to the agencies to create detailed rules based on the laws that are passed by congress, and approved by the president. The authority given to these agencies enables the application of the law. Securities and Exchange Commission - Federal Agency (SEC) that regulates the financial market and protects investors. It ensures that the investors are practicing fair trades and enforces security laws so that the financial market is fair. stare decisis - The principle in which courts respect the previous courts decisions in new cases. It ensures legal stability, but it can limit the flexibility in judicial interpretation. strict construction (original intent) - Strict constructions is the idea of interpreting the constitution as close to as what was originally written. A strict interpretation of the constitution makes it so that the federal power maintains the framer’s intentions. Standing - To have standing means to have the legal right to bring a lawsuit, and it requires a direct stake in the outcome. Standing makes it so that the number of court cases are limited to those that directly affect the people and makes sure the judiciary uses resources efficiently.