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AP Gov - Bureaucracy and Judicial System
Terms in this set (79)
Fast, effective, and rational administration OR large, inefficient organization clogged with red tape; A form of organization that operates through impersonal, uniform rules and procedures.
A career government employee.
Usually the largest organization in government with the largest mission; highest rank in federal hierarchy.
Independent Regulatory Commissions
A government agency or commission with regulatory power whose independence is protected by Congress.
A government entity that is independent of the legislative, executive, and judicial branches.
A government agency that operates like a business corporation, created to secure greater freedom of action and flexibility for a particular program.
Senior Executive Service
Established by Congress in 1978 as a flexible, mobile corps of senior career executives who work closely with presidential appointees to manage government.
Theory of Public Bureaucracy
States that bureaucratic organizations constantly seek to enhance their power, whether by creating new titles, adding more staff, or increasing their budgets.
Federal employees who work for government through a competitive, not political selection process.
A system of public employment based on rewarding party loyalists and friends.
A system of public employment in which selection and promotion depend on demonstrated performance rather than political patronage.
Office of Personnel Management
Agency that administers civil service laws, rules, and regulations.
Merit Systems Protection Board
An independent agency that oversees and protects merit in the federal government personnel system (included in the Office of Personnel Management).
Federal statute barring federal employees from active participation in certain kinds of politics and protecting them from being fired on partisan grounds (1939).
The process of putting a law into practice through bureaucratic rules or spending.
Authority given by Congress to the federal bureaucracy to use reasonable judgment in implementing the laws.
Formal instructions for either running an agency or controlling the behavior of private citizens and organizations.
The transfer of money to and from government.
A precise statement of how a law is implemented.
An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies (records what the federal bureaucracy does).
The portion of the federal budget that is spent on previously enacted programs, such as Social Security, that the president and Congress are unwilling to cut.
Programs such as unemployment insurance, disaster relief, or disability payments that provide benefits to all eligible citizens.
Legislative or executive review of a particular government program or organization. Can be in response to a crisis of some kind or part of routine review.
Review of all executive branch testimony, reports, and draft legislation by the Office of Management and Budget to ensure that each communication to Congress is in accordance with the president's program.
Fire Alarm Oversight
A method of oversight in which members of congress respond to complaints about the bureaucracy or problems of implementation only as they arise rather than exercising constant vigilance.
Freedom of Information Act
Law enacted in 1966 stating that citizens and the press have the right to inspect all government records except those containing military, intelligence, or trade secrets or revealing private personnel actions.
Federal employees who help oversee the government by leaking important information to the media and Congress - usually in order to stop unethical or ill-advised behavior.
A close and stable connection among agencies, interest groups, and congressional committees. (a) Interest groups- provide pressure and votes to (b) committees who provide appropriations and authority to (c) bureaucracies who provide benefits to the interest groups.
The power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.
A judicial system in which the court of law is a neutral arena where two parties argue their differences.
A law that defines crimes against the public order.
A law that governs relationships between individuals and defines their legal rights.
A government official who acts on behalf of the state and the public and who chooses whether and how to pursue a case against defendants.
In a criminal action, the person or party accused of an offense.
Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.
A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods.
Standing to Sue
The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and personal injury from a party or an action of government.
The party instigating a civil lawsuit; the "complaining" party.
If someone sues the government over a policy that no longer affects him or her personally, the case is said to be ____________.
The third-ranking officer in the Justice Department, who decides what cases the federal government will appeal from lower courts and personally approves every case the government presents to the Supreme Court.
Public Defender System
Arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
The lowest federal courts (first tier in the three-tiered system); federal trials can be held only here
Circuit Court of Appeals
Court to which decisions by federal district courts are appealed (second tier in the three-tiered system).
The highest federal court in the United States (third tier in the three-tiered system).
The authority of a court to hear a case "in the first instance."
The authority of a court to review decisions made by lower courts.
A legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial.
Court of Appeals
A court with appellate jurisdiction that hears appeals from the decisions of lower courts.
A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.
One of 11 regions with a specific jurisdiction served by a judge or court, as defined by given geographical boundaries (the 12th is located in the District of Columbia).
Writ of Habeus Corpus
A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Piece of paper on which the senator is asked to record his or her views on the nominee for judge. If either senator of a state declines to return the slip, the nomination is dead and no hearing will be held.
The constitutional power granted to the president to make nominations while congress is out of session, therefore allowing said nominations to pass over senate approval. These stand until the end of the congressional term.
An examination of the political ideology of a nominated judge.
Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values and should strike down laws that are inconsistent with the norms and values stated or implied in the Constitution.
Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say and should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution.
Writ of Certiorari
A formal writ used to bring a case before the Supreme Court.
In Forma Pauperis
A petition that allows a party to file "as a pauper" and avoid paying Court fees.
The list of potential cases that reach the Supreme Court.
Rule of Four
States that if four justices are sufficiently interested in a petition, it will be granted and the case be brought up for review.
A system initiated in the Supreme Court in the 1970s in which law clerks screen cases that come to the Supreme Court, write a memorandum on each, and recommend to the justices which cases should be heard.
A document that presents legal arguments, relevant precedents, and historical background for the justices and their law clerks to study and on which they base their decisions.
Amicus Curiae Brief
Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
Opinion of the Court
An explanation of the decision of the Supreme Court or any other appellate court.
A statement that presents the views of the majority of Supreme Court justices regarding a case.
An opinion disagreeing with the majority decision in a Supreme Court ruling.
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
U.S. Supreme Court Reports
A collection of summaries written by Justices on their legal decisions and opinions.
When a case is sent back to the lower court with instructions to act in accordance with the opinion of the Supreme Court.
The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.
Attempt by FDR to appoint one new Supreme Court justice for every sitting justice over the age of 70 who had been there for at least 10 years. Wanted to prevent justices from dismantling the New Deal. Plan died in congress and made opponents of New Deal inflamed.
Roe v. Wade
(1973) Legalized abortion on the basis of a woman's right to privacy.
Planned Parenthood v. Casey
(1992) Ruled that states could restrict access to abortion as long as they did not place an "undue burden" on the woman.
Bush v. Gore
Use of 14th Amendment's equal protection clause to stop the Florida recount in the election of 2000.
Hamdan v. Rumsfeld
Justices ruled that President Bush's post 911 policy of detaining without trial persons deemed "enemy combatants" at Guantanamo Bay, Cuba, without asking Congress to agree violated the U.S. constitution's basic separation of powers between Article 1 and Article II. Justices held the president was obligated to honor U.S. treaty commitments under the 1949 Geneva Conventions. Bush White house cited 2001 AUFM as legal justification for executive branch military tribunals at Guantanamo. However, the U.S. Supreme Court ruled that the 2005 Detainee Treatment Act violated U.S. and International Law
Webster v. Reproductive Health
1989, Upheld a Missouri law that imposed restrictions on the use of state funds, facilities and employees in performing, assisting with, or counseling on abortions.
The position of the head of the Justice Department and the chief law enforcement officer of the United States
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