1 Chp-14 -- THE JUDICIARY -- THE BALANCING BRANCH---
THE SUPREME COURT-
• The Scope of judicial Power
• the Federal Judicial System
• The Politics of Appointing Federal Judges.
• The Supreme Court and How it Operates.
• Judicial Power in a Constitutional Democracy
• Types of Law.
2 Chp14---THE SCOPE OF JUDICIAL POWER
• Judicial Review---- 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. ( The Supreme Court
Interprets the Constitution)
• Adversary System----- Judicial System in which the court of law is a neutral
arena where two parties argue their differences.
• Class Action suit---- Lawsuit brought by an individual or a group of people on
behalf of all those similarly situated. (same Problems)
• Defendant ---- The person or party accused of an offense
• Plea Bargain----- 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.
3 Ch 14 -ss-- THE TYPES OF LAW--
• Common Law----- Judge made Law.
• Statutory Law---- a Law created in the Legislature of State or National
• Equity Law----- A Law used whenever common law remedies are
• Constitutional Law--- Statements interpreting the U.S. Constitution that have
been given Supreme Court Approval.
• Administrative Law-- --- Law relatilng to the suthority and procedures of
administrative agencies as well as to the rules and regulations issued by those
• Criminal Law--- Law that defines crimes aainst the public order and provides
• Civil Law---Law that governs the relations between individuals and difines
their legal rights.
4 Chp 14sss---The Agency/ Committee/Interested Group--Triangle----- A
bureaucratic power is the close three-way relationship among members of the
executive agency administering a program, the congressional committees and
subcommittees that appropriate money to it and oversee its operations, and the
special-interest groups affected by the agency’s activities. These relationships
have been described as ― Sub-governments‖ or ―Iron Triangles‖ which handle
much of the detailed business of government.
• Delegation of Power by Congress---Allows bureaucratic Power--Until the
early twentieth century, Congress dominated the federal government. Not
only did it make the laws but it also controlled how they were carried out.
This was possible in an earlier, simpler time, before the government grew into
the vas, complex organization it is today. Congress now has great difficulty
dealing with all the matters in which the government is involved. Beginning in
the late nineteenth century, reformers called for an end to
legislative‖meddling‖ with the affairs of the Executive branch. As a result of
these forces, Congress delegated broad powers to the Executive branch of
government and the independent regulatory commissions. Congress passes
Legislation initiated by the agencies themselves, on the theory the the agency
knows more about a particular subject than the legislature does. Congress also
frequently writes laws in a way that gives agencies the authority to create rules
designed to interpret and apply the law’s general provisions. These ―Rules‖
have the same force as congressional laws. There now exists a large and
growing body of agency rules, known as ―Administrative Law‖ that has been
created by the administrative agencies rather than by Congress.
5 Chp 14 --The Executive Departments, --- The basic units of 15 executive or
cabinet Departments,are State, Treasury, Defense, Justice, Interior, Agriculture,
Commerce, Labor, health and Human Services, Housing and Urban Development,
Transportation, Energy, Education, and Veterans Affairs. Homeland Security.
• Departments are divided into Bureaus--.----Agencies-- are separate from the
cabinet departments but are still; under upper-level executive control. The
major officials of the forty or so federal agencies are also appointed by the
president with the advice and consent of the Senate and can be removed by the
president at will.
• Staff Agencies--The Cabinet -- is made up of the heads of the fourteen
executive departments plus other officials and ambassador to the United
Nations.--The Executive Office of the President--- created in 1939 after a
committee formed to study the administrative role of the president came to the
conclusion the ― the President needs help‖.---The White House Office--
includes a large number of clerical workers and the president’s personal staff.-
--The Office of Management and Budget---the most important unit within the
Executive Office,, the (OMB) The OMB reviews budgets and legislative
proposals and uses this information to prepare the president’s annual budget
proposals.--The Council of Economic Advisers---reviews the state of the
economy and advises the presidents on ways of dealing with unemployment,
inflation, or slow economic growth.--
6 Ch- 14 ss-- Who Leads The Bureaucracy the White House Office, The Office
of Management and Budgeted, the Council of Economic Advisers, the National
Security Council, and several small units. Senior Executive Service -- Work
closely with Presidential appointees to manage government.
• The White House Office-- The Presidents rely on assistants for advice and
services. Presidents appoint a variety of assistants for domestic, international,
economic, and managerial affairs. There are speechwriters, legal advisers,
liaison officers to deal with Congress, and a Press secretary who meets with
the news media.
• Office of Management and Budget-- this office reviews the budgets and
legislative proposals of all the federal departments and agencies. It is almost as
important as the White House Office in shaping and implementing the
president’s policies. It is suppose to be a neutral administrative agency,
although it is serving as a control on the bureaucracy.
• The Council of Economic Advisers. -- reviews the state of the economy and
advise the president on ways of dealing with such problems, as
unemployment, inflation, or slow economic growth. the council prepares the
annual Economic Report of the president and recommends adjustment in
government spending and taxation.
• Office of Personnel Management (OPM) --controls civil service Employees
7 Chp 14 ssss- The National Security Agemcy--- created for national security. it
coordinates domestic, foreign, and military policies, drawing on experts in the
military and civilian bureaucracies. The Agency consists of the president, the
Vice-president, the secretaries of state and defense, a member of the White House
staff (who serves as its director, of the Office of Emergency Preparedness.
• Working For Government--------- Size-- of the government.In carrying out
policies and programs the bureaucracy has a great deal of power. It stems from
several sources, one is it size alone. The bureaucracy is in charge of
administering federal spending, . It is difficult, to control the 3.1 million
federal employees. Even the president, who is at the head of the federal
bureaucracy, cannot be sure that his directives will be carried out.
• Expertise-- another source of bureaucratic power. A feature of bureaucracy is
specialization or division of labor. Agencies that specialize in major areas as
agriculture or commerce, and within each unit of the government there are
subunits that are even more specialized. Each of which employ experts in it’s
field of service.
8 Chp 14 cs--Regulating the Civil Service---The revised Hatch Act still bars
federal officials from running as candidates in elections
• The role of Government Employee Unions----Since 1962 federal employees
have had the right to form unions or associations that represent them in
seeking to improve government personnel policies, .
• The Bureaucracy’s Job---Implementation-- process of putting a law into
• Administrative Discretion--- Authority by congress to the federal bureaucracy
to use judgment in implementing the laws.
• Regulations--- are instructions that government issues for laws.
• Powers of Congress-- to control the bureaucracy--- Congress has lawmaking
powers that serve to set limits on what the bureaucracy can do. to appropriate
money the basic control. To reduce an agency’s budget, limits its ability to
function.Congress has the power to delegate to executive agencies and
independent commissions specific authority to regulate and administer
9 Chp 14css---Powers of Congress—Control– the Freedom
of Information Act of 1966– Congress enacted a low requires
them to open their files to any person who requests specific
Documents. The purpose of the Freedom of Information Act is to make
available to public scrutiny the decision making processes of federal
Spending Money, Bureaucracy --- Most spending goes to
Uncontrollable Spending -- Budget is spent on programs as social
security. Programs unwilling to be cut by. --
Entitlements---Programs as unemployment insurance, disaster relief.
Indexing--- Providing automatic increases for inflation.
10 Chp 14 .Holding Bureaucracy Accountable---- Legislative
Oversight- control of bureaucracy- Term means ―supervision‖
not failure to notice of bureaucratic activities, a Constitutional
power of Congress.
Judicial Review—The federal courts have the ultimate power
to control the decisions and actions of executive agencies and
the independent regulatory commissions.
Accountability to the President- Powers of Appointment,-
Reorganization and budgeting.
Accountability to Congress- Control on Bureaucracy by
congress, establishing agencies, formulating budgets,
appropriating funds, confirming personnel, new program
Regulations,.. . Whistle-Blowers- Employees who report waste
& fraud .
. Other restraints– News Media influence and reflect public
opinion. Officials pay attention to views in Media.—
.Deregulation– in Banking, Transportation, & Communications.
11 Chp 14 terms--Bureaucracy-- a way of organizing people to achieve a specific
goal, to get work done., a bureaucracy is efficient and effective, but there is a
continual struggle for power over the federal Bureaucracy and that struggle causes
problems of red tape and unresponsiveness.
• -Staff Agencies-, execute policies nor provide services. instead, they gather
information and make it available to the Chief Executive Officer whenever it
is needed.----Executive Departments ---there are fourteen of these, State,
Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health
and Human Services, Housing and Urban development, Transportation,
Energy, Education, land Veterans Affairs.--------Bureaus,--, departments are
divided into bureaus, like departments they differ in their functions, they may
be organized according to whom they serve, what they do or for the
geographic area they serve.----Field Services,--are sub-units for specialized
tasks.---Civil Service --, Civilian employees of the Federal Government..----
Spoils System --, bringing in people from many parts of the country into
government with many different backgrounds, rewarding loyal supporters.----
Merit System,-- the use of standardized written tests, for hiring.----Oversight-,-
means ―supervision‖ not ―failure to notice‖
12 Chp 14 trmss--THE PROBLEM OF SELF-REGULATION---Career
administrtors know when a program is not operation properly and what action to
take. Thy find to change anything stops the system in doing its job.
Bureaucracy is still the most effective and efficient way to get work done.
The bureaucracy uses regulations or spending to implement laws. The Rul-
making process is governed by the Administration Procedure Act, while the
spending process is governed by the federal Budget .