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AP Gov Unit 2B
AI
| Question | Answer |
|---|---|
| What is the Federal Bureaucracy? | A complex system of agencies and departments that implement federal law and policy |
| Who are bureaucrats? | Career government employees/specialists who staff federal agencies |
| What is the Patronage/Spoils System? | Rewarding political supporters with government jobs regardless of qualifications |
| What is the Pendleton Civil Service Act? | 1883 law replacing patronage with merit-based federal hiring using competitive exams |
| What is the Hatch Act? | 1939 law barring federal employees from partisan political activity while on duty |
| What is the Federal Employees Political Activities Act? | 1993 update to the Hatch Act allowing more off-duty political activity for federal workers |
| What is the Office of Personnel Management (OPM)? | Agency that manages federal civilian hiring, pay, and benefits; boss appointed by president, confirmed by Senate |
| What is the Rule of Three (OPM)? | OPM narrows the hiring list down to the top three qualified candidates |
| What is the General Schedule (GS)? | Federal pay scale GS-1 to GS-15 classifying civilian government jobs by grade and pay |
| What is the Senior Executive Service (SES)? | Top-tier career federal managers just below political appointees; may be moved between agencies |
| What is the Plum Book? | Post-election list of ~9,000 federal positions available for presidential appointment |
| What are Cabinet Departments? | 15 major executive departments headed by Senate-confirmed Secretaries who advise the president |
| What are Regulatory Agencies? | Independent agencies that create and enforce rules in specific areas (e.g., EPA, FCC, SEC) |
| What are Government Corporations? | Business-like federal entities that provide services and charge fees (e.g., USPS, Amtrak) |
| What are Independent Executive Agencies? | Federal agencies outside Cabinet departments reporting directly to the president (e.g., NASA, CIA) |
| What are the three roles of policy implementors? | Create rules, translate law into operational rules, and coordinate between agencies |
| What is regulation? | An interpretation of law that carries the "force of law"; violations result in fines, prison, etc. |
| What 3 elements do regulations contain? | A grant of power, specific rules, and penalties for noncompliance |
| What is Command and Control Policy? | Government sets strict rules and directly punishes violators |
| What is an Incentive System? | Government uses rewards or penalties to encourage desired behavior rather than direct mandates |
| Why does deregulation occur? | To reduce government burden on businesses, increase competition, and promote economic efficiency |
| Why does the bureaucracy have administrative discretion? | Congress writes vague laws, so agencies fill in details using their expertise |
| What is Administrative Adjudication? | Bureaucratic hearings where agencies can demand testimony, issue fines, press charges, or revoke licenses |
| What is the Iron Triangle? | The stable policy-making relationship between Congress, interest groups, and bureaucratic agencies |
| How does Congress interact in the Iron Triangle? | Provides legislation and funding to agencies; receives electoral support and information from interest groups |
| How do interest groups interact in the Iron Triangle? | Provide campaign contributions to Congress; receive favorable regulation from agencies |
| How do bureaucratic agencies interact in the Iron Triangle? | Provide research and information; receive funding and legislative support in return |
| What is Criminal Law? | Law dealing with offenses against the state; government prosecutes the defendant |
| What is Civil Law? | Law dealing with disputes between private parties; plaintiff sues defendant |
| What is standing to sue? | Requirement that a plaintiff must have suffered real harm to bring a case |
| What is a class action suit? | A lawsuit filed on behalf of a larger group with the same grievance |
| What is a justiciable dispute? | A real, ongoing legal controversy that courts have the power to resolve |
| How do groups affect the judicial process? | By filing amicus curiae briefs, sponsoring test cases, and lobbying during nominations |
| What does Article III establish? | The federal judicial branch; vague — gives power to SCOTUS and allows Congress to create lower courts |
| What is Original Jurisdiction? | Power to hear a case for the first time; decides guilt/innocence |
| What is Appellate Jurisdiction? | Power to review cases appealed from lower courts on legal/constitutional issues only |
| What is Concurrent Jurisdiction? | When both federal and state courts share jurisdiction over the same case |
| What are the 3 levels of federal courts? | 94 District Courts, 12 Courts of Appeals, and the Supreme Court |
| What is the jurisdiction and structure of District Courts? | Original jurisdiction only; jury trials; 1 judge; handle federal crimes and civil lawsuits |
| What is the jurisdiction and structure of Courts of Appeals? | Appellate jurisdiction; rotating panel of 3 judges; no jury; decide on law, not guilt |
| What is the jurisdiction and structure of the Supreme Court? | Both original and appellate; 9 justices; final authority on constitutional questions |
| Who is on the Supreme Court and how long do they serve? | 9 justices (1 Chief, 8 Associate); serve life terms during good behavior |
| How do Supreme Court justices get appointed? | Nominated by president, confirmed by Senate simple majority |
| What is a Writ of Certiorari?* | SCOTUS order to a lower court to send up case records for review; granting cert means they will hear the case |
| What is the Cert Pool?* | Law clerks summarize cert petitions and recommend whether SCOTUS should hear the case |
| What is the Rule of Four?* | At least 4 justices must vote to grant cert for SCOTUS to hear a case |
| What is the role of the Solicitor General?* | The government's lawyer who petitions for cert and argues the U.S. government's cases before SCOTUS |
| What are characteristics of cases likely to get cert? | Federal government is a party, circuit court conflict exists, constitutional/civil rights issue, or significant public interest (shown by amicus briefs) |
| What is a Majority Opinion?* | Announces the ruling and explains reasoning; sets precedent; written by a majority justice |
| What is a Concurring Opinion?* | Agrees with majority outcome but for different reasons |
| What is a Dissenting Opinion?* | Written by justices who disagree with the majority ruling |
| What is required for a SCOTUS decision to set precedent? | At least 6 justices must participate; 5 majority votes sets precedent; tie = lower court decision stands |
| What is Stare Decisis? | "Let the decision stand"; courts follow precedent when deciding similar cases |
| What is Precedent? | A prior ruling that guides future decisions on similar cases; SCOTUS can overturn its own |
| What is the Docket? | The official schedule of cases to be heard by a court |
| What is Judicial Activism? | Courts broadly interpret the Constitution, overturn precedent, and make bold policy decisions |
| What is Judicial Restraint? | Courts narrowly interpret the Constitution, follow precedent, and minimize policymaking |
| What is Senatorial Courtesy? | Tradition where the president consults home-state senators before nominating federal judges |
| What qualification checks exist for SCOTUS nominees? | FBI background check, ABA rating (well qualified/qualified/not qualified), and Senate Judiciary Committee investigation |
| What is the role of the Senate Judiciary Committee? | Investigates nominees, holds hearings, and votes to recommend to the full Senate |
| What role do Interest Groups play in judicial appointments? | Form coalitions and get involved during Senate Judiciary Committee hearings to support or oppose nominees |
| What is the Nuclear Option? | Changing Senate rules by simple majority to eliminate the filibuster for judicial nominations |
| How did the Nuclear Option affect SCOTUS confirmations? | Democrats used it for lower courts in 2013; Republicans extended it to SCOTUS in 2017, allowing confirmation by simple majority |
| What is Court Packing? | Adding justices to SCOTUS to shift its ideological balance; FDR's failed 1937 attempt is the key example |
| How does Congress check the President? | Override vetoes, confirm appointments, ratify treaties, declare war, impeach, control the budget |
| How does the President check Congress? | Veto legislation, call special sessions, recommend legislation |
| How does Congress check the Courts? | Confirm/reject judges, impeach judges, change court jurisdiction, propose constitutional amendments |
| How does the President check the Courts? | Nominate judges, pardon power, refuse/delay enforcement of rulings |
| How do the Courts check Congress? | Declare laws unconstitutional via judicial review |
| How do the Courts check the President? | Declare executive actions unconstitutional |
| What is Baker v. Carr (1962)? | SCOTUS ruled federal courts can hear redistricting cases; established "one person, one vote" |
| What is Shaw v. Reno (1993)? | SCOTUS ruled racial gerrymandering violates the Equal Protection Clause |
| What is Marbury v. Madison (1803)? | Established judicial review — SCOTUS can strike down laws that violate the Constitution |
| What does Federalist No. 78 argue? | Hamilton argues for an independent judiciary with life tenure and judicial review; courts are the "least dangerous branch" |
| What does Federalist No. 70 argue? | Hamilton argues for a single, energetic executive as essential to good government |