How the bureaucracy has leeway to carry out the laws administrative discretion

How the bureaucracy has leeway to carry out the laws

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How the bureaucracy has leeway to carry out the laws (administrative discretion, rulemaking). Administrative discretion: the latitude that Congress gives agencies to make policy in the spirit of their legislative mandate. Congress does not have the time nor technical expertise to make all policy decisions. Manages uncertainty. Rulemaking: administrative process that results in issuance of regulations by government agencies. Proposed regulations are first published so interest parties/groups have the chance to comment and/or make recommendations. The power of Judicial Review. Judicial review: the power to declare congressional [and presidential] acts invalid because they violate the Constitution. Marbury vs. Madison. Formally established the Supreme Court’s power of judicial review. Stare decisis and precedent. Stare decisis: literally, “let the decision stand”; decision making according to precedent Precedent: a judicial ruling that serves as the basis for the ruling in a subsequent case. Original Jurisdiction. Original Jurisdiction: the authority of a court to hear a case before any other court does. 21
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Appellate Jurisdiction. Appellate Jurisdiction: the authority of a court to hear cases that have been tried, decided, or reexamined in other courts. Federal question. Federal question: an issue covered by the U.S. Constitution, national laws, or U.S. treaties. Petition (or “writ”) of certiorari. Petition (or “writ”) of certiorari: requests in which a litigant seeking review asks the Court “to become informed” of the lower-court proceeding. Judicial Activism and Judicial Restraint. Judicial Activism: judicial philosophy by which judges tend not to defer to decisions of the elected branches of government, resulting in the invalidation or emasculation of those decisions. Value preferences and resulting ideologies of the justices provide a more powerful interpretation of their voting. Pluralist Model of Democracy . Judicial Restraint: judicial philosophy by which judges tend to defer to decisions of the elected branches of government. Anchors the justices closely to the law. Minimizes the contribution of their personal values. Majoritarian Model of Democracy . Civil Rights and Liberties ( See Court Cases Chart, Next Page): Civil liberties/negative rights vs. Civil rights/positive rights (examples). Civil liberties: freedoms guaranteed to individuals taking the form of restraint on government. The First Amendment declares that “Congress shall make no law . . . abridging the freedom of speech.” Declare what the government cannot do. Civil rights: powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals.
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  • Spring '17
  • Government, United States Congress, ​ immunity

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