dfhcgjhkjlk

8/3/2019 dfhcgjhkjlk

1/7

Wilson Chapter 13 Vocabulary: the bureaucracy

Annual authorization: Money that is budgeted on a yearly basis; for example, Congress may set yearly

limits on what agencies can spend

Appropriation: A legislative grant of money to finance a government program

Authorization legislation: Legislative permission to begin or continue a government program or agency,

Bureaucracy: A large, complex organization composed of appointed officials.

Bureaucracy imperialism: Refers to the tendency of agencies to grow without regard to the benefits

their programs confer or the costs they may entail

Committee clearance: The ability of a congressional committee to review and approve certain agency

decisions in advance and without passing a law.

Competitive service: The government offices to which people are appointed on grounds of merit asascertained by a written examination or by having met certain selection criteria

Department of Homeland Security: A proposal by President Bush in 2002 which would consolidate 22

federal agencies and nearly 170,000 federal employees

Discretionary authority: The extent to which appointed bureaucrats can choose courses of action and

make policies that are not spelled out in advance by laws.

Excepted service: Appointment of officials not based on the criteria specified by OPM


2/7

Iron triangle: A close relationship between an agency, a congressional committee, and an interest group

that often becomes a mutually advantageous alliance

issue network :A network of people in Washington-based interest groups, on congressional staffs, in

universities and think tanks, and in the mass media who regularly discuss and advocate policies-say,

health care or auto safety.

Laissez faire: An economic theory that the government should not regulate or interfere with commerce

Legislative veto: The rejection of a presidential or administrative-agency action by a vote of one or both

houses of Congress without the consent of the president.

Name request job: A job to be filled by a person whom a government agency has identified by name

National Performance Review: A 1993 effort, led by Vice President Al Gore, to make the bureaucracy

work better and cost less

Patronage: Governmental appointments made on the basis of political considerations

Pendleton Act: Legislation that began the federal merit system

Red tape: Complex bureaucratic rules and procedures that must be followed to get something done

Schedule C: Governmental jobs having a confidential or policy-making character

Senior Executive Service: Top-ranking civil servants who can be hired, fired, and rewarded in a more

flexible manner than can ordinary bureaucrats


3/7

Spoils system: Another phrase for political patronage- that is, the practice of giving the fruits of a party's

victory, such as jobs or contracts, to the loyal members of the party

Trust fund: Funds for government programs that are collected and spent outside the regular budget; the

amounts are determined by preexisting law rather than by annual appropriations.

Civil Service Reform Act of 1978 - recognized that many high level positions in the civil service have

important policy making responsibilities and that the president and his cabinet officers ought to have

more flexibility in recruiting, assigning, and paying such people.

Whistle Blower Protection Act - the law that created the Office of Special Counsel charged with

investigating complaints from bureaucrats that that they were punished after reporting to Congress

about waste, fraud, or abuse in their agencies.

Merit system: separate into grade and chosen through exam

Sunshine Laws: U.S. federal and state laws requiring regulatory authorities' meetings, decisions and

records to be made available to the public. Sunshine laws do not allow all citizens to attend meetings,

but they do ensure that media and representatives of the public can attend.Sunset Legislation: A law requiring termination of a particular agency or program on a predetermined

date, unless justification for continuance is presented to the legislature prior to such occurrence.

Patronage:The power to control appointments to office or the right to privileges.

Chapter 16: The Federal court

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 substantial injury from a party or an

action of government.

Class action suit: Lawsuits permitting a small number of people to sue on behalf of all other people

similarly situated.


4/7

Justifiable disputes: A requirement that to be heard in a case must be capable of being settled as a

matter of law rather than on other grounds as is commonly the case in legislative.

Amicus curiae briefs: Legal briefs submitted by a "friend of the court" for the purpose of raising

additional points of view presenting information not contained in the briefs of the formal parties. Thesebriefs attempt to influence a court's decision.

Original jurisdiction: The jurisdiction of courts that hear a case first, usually in a trial. These are the

courts that determine the facts about a case.

Appellate jurisdiction: The jurisdiction of courts that hear cases brought to them on appeal from lower

courts. These courts do not review the factual record, only the legal issues involved.

District courts: The 91 federal courts of original jurisdiction. They are the only federal courts in which

trials are held and in which juries may be impaneled.

Courts of Appeal: Appellate courts empowered to review all final decisions of district courts, except in

rare cases.

Supreme Court: The pinnacle of the American judicial system. The court ensures uniformity in

interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It

has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its

own agenda.

Senatorial Courtesy: unwritten traditions whereby nominations for state-level federal judicial posts are

not confirmed if they are opposed by a senator from the state in which the nominee will serve. Thetradition also applies to courts of appeal when there is opposition from the nominee's state senator.

Solicitor General: A presidential appointee and the third-ranking office in the Department of Justice.

Opinion: A statement of legal reasoning behind a judicial decision.

Stare decisis: A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are

settled on this principle.

Precedents: How similar cases have been decided in the past.

Original intent: A view that the Constitution should be interpreted according to the original intent of the

framers.

Judicial implementation: How and whether court decisions are translated into actual policy, thereby

affecting the behavior of others.


5/7

Marbury v. Madison: The 1803 case in which Chief Justice John Marshall and his associates first asserted

the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision

established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of

1789.

Judicial review: The power of the courts to determine whether acts of Congress, and by implication theexecutive, are in accord with the U.S. Constitution.

United States v. Nixon: The 1974 case in which the Supreme Court unanimously held that the doctrine of

executive privilege was implicit in the Constitution but could not be extended to protect documents

relevant to criminal prosecutions.

Judicial restraint: A judicial philosophy in which judges play minimal policymaking roles, leaving that

duty strictly to the legislatures.

Judicial activism: A judicial philosophy in which judges make bold policy decisions, even charting new

constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs,especially those unmet by the majoritarian political process.

Political questions: A doctrine developed by the federal courts and used as a means to avoid deciding

some cases, principally those involving conflicts between the president and Congress.

Statutory construction: The judicial interpretation of an act of Congress.

Writ of certiorari: an order from the Court to a lower court to send up the records on a case for review

Bloc: Group united usually for political purposes

Dissenting opinion: an explanation of a Court's decision expressing the views of justices on the losing

side

Per curiam opinion: a brief, unsigned court opinion

Precedent: an example that is used to justify similar occurrences at a later time

Brief: a document stating the facts and points of law of a client's case

Amicus curiae: an adviser to the court on some matter of law who is not a party to the case

Majority opinion: the opinion joined by a majority of the court (generally known simply as 'the opinion')

Advisory opinion: a ruling on a law or action that has not been challenged


6/7

Impound: refuse to spend, money congress has appropriated

3 regular participants in judicial system and one other participant:

1) Litigants: plaintiff (charging), defendant (being charged)

2) Jury: representing average person (12 people), they decide the outcome

3) Attorneys: 1. prosecuting-reps plaintiff 2. Defense attorney-reps defendant

4) Audience: interest groups that support one side or the other, dont have to be physically present

Majority opinion: if the chief justice is in majority, chief justice writes why they are right

Interpreting population: lawyers and judges understand and reflect original decision

Implementing population: police; anyone that has to put it into practice

Consumer population: us; we have to know our rights and stand up for them

Original intent: a view that the constitution should be interpreted according to the original intent of the

framers; many conservatives support this

Jurisdiction of Supreme Court: national supremacy, relationship between states and foreign powers,

interpreting national laws

Justifiable disputes: something that has to be settled by legal methods; can be settled by a law,

constitution

Role of a bus. Attorney: prosecute violations of federal law and represent the us. government in civilcases

3 conditions in which nominations to the Supreme Court are more likely to run into trouble:

1) Pres has minority party in senate

2) Something questionable about nominee

3) If the presss nomination is put in at end of term and has not been re-elected

6 criteria important in choosing Supreme Court justices over the years:

1) Political ideology

2) Party and personal loyalties

3) Acceptability to the senate

4) Judicial experience

5) Race and gender

6) Litmus test (ideological purity)


7/7

4 functions of solicitor general:

1) To decide to appeal cases the government has lost in lower courts

2) To review and modify briefs presented in government appeals

3) To represent government at Supreme Court

4) To submit a brief on behalf of a litigant in a case where the government isnt directly involved

Dissenting opinion: written by justices opposed to majority's decision

Concurring opinion: written to support a majority decision (just another reason the chief justice has)

dfhcgjhkjlk

Documents