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Administrative Authority The Constitution defines the powers of the executive, legislative, and judicial branches. In Article I of the Constitution, the Delegation Doctrine states that the three branches cannot delegate these powers. For instance, according to the Delegation Doctrine, the legislation cannot delegate law-making functions to non-legislative bodies, such as administrative agencies. But what are law-making functions? How does the court interpret these functions? In the readings this week, you take a closer look at the Delegation Doctrine and how the courts have interpreted it. Then you consider the impact of the Delegation Doctrine and the court's interpretation of it on the authority of agencies to execute statutes or legislation passed by Congress. Understanding what the legislative branch (i.e. – Congress), can delegate to administrative agencies is particularly important because some statutes passed down by Congress are vague and ambiguous. In these instances, administrative agencies must interpret or determine what Congress meant, and based on this, prescribe rules to carry out the statutes. To prepare for this Discussion: Review the assigned pages of Chapter 3 of the course text, Administrative Law and Politics: Cases and Comments. Think about how the Delegation Doctrine impacts the authority of administrative agencies to execute statutes. Review Chapter 4 of the course text, Administrative Law and Politics: Cases and Comments. Focus on the issues that sometimes occur when vague statutes are given to administrative agencies to execute. Pay particular attention to cases and outcomes regarding vague statues. Review the course media, “ Administrative Agencies – Authority and Enforcement,” thinking about the implications that result when administrative agencies do not receive the proper resources from Congress to execute statutes (eg. flexibility, financially, staffing, direction, etc…) Reflect on the impact of the Delegation Doctrine on the authority of administrative agencies to execute statutes. Reflect on your thoughts as to whether Congress and the president should provide specific direction to administrative agencies about the execution of statutes. With these thoughts in mind: Post by Day 4 an explanation of how the Delegation Doctrine impacts the authority of administrative agencies to execute statutes. Be specific and use examples to illustrate your explanation. Then explain your thoughts as to whether Congress and the President should provide specific direction to agencies about the execution of statutes. Be specific. Be sure to support your postings and responses with specific references to the Learning Resources. Read a selection of your colleagues' postings. Respond by Day 6 to at least one of your colleagues' postings in one or more of the following ways. Ask a probing question. Share an insight from having read your colleague’s posting . Offer and support an opinion. Validate an idea with your ow.
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Chapter Eighteen The Law of Administrative AgenciesIntroduction to Administrative Law and Administrative AgenciesAdministrative Law For the purposes of this text, administrative law is defined broadly as any rule (statute or regulation) that affects, directly or indirectly, an administrative agency. These rules may be procedural or substantive, and they may come from the legislative, executive, or judicial branch of government or from the agencies themselves. Such rules may be promulgated at the federal, state, or local levels. A procedural rule generally has an impact on the internal processes by which the agencies function or prescribes methods of enforcing rights. For example, under the Administrative Procedure Act (APA), a federal administrative agency must give adequate notice to all parties involved in an agency hearing. A substantive rule defines the rights of parties. An example is an act of Congress that forbids the FTC from applying the antitrust laws to all the Coca-Cola bottlers in the United States. In this instance, the rights and regulations of both the FTC and the Coca-Cola bottlers were defined by Congress. administrative law Any rule (statute or regulation) that directly or indirectly affects an administrative agency. procedural rule A rule that governs the internal processes of an administrative agency. substantive rule A rule that creates, defines, or regulates the legal rights of administrative agencies and the parties they regulate.Critical Thinking About The Law As a future business leader, you will certainly encounter many governmental regulations. Congress created administrative agencies, in part, because it could not hope to address the enormous variety and number of concerns that are now covered by administrative agencies. Although you will not learn about every administrative agency in this chapter, you can jump-start your thinking about administrative agencies by answering these critical thinking questions. 1. Your roommate states that people do not have to follow the regulations passed by administrative agencies because these regulations are not laws. She argues that only Congress can make laws. Which critical thinking question could be applied to settle this disagreement? Clue: Do you and your roommate agree on the meaning of the words she is using? 2. Some individuals may argue that the creation of regulations by administrative agencies promotes unfair restrictions on business. What ethical norm seems to be behind this thought? Clue: If you want fewer restrictions from the government, what ethical norm is influencing your thought? What ethical norm seems to conflict with the wish for fewer governmental regulations? 3. Congress assumes that the administrative agencies will address problems effectively in their respective areas. For example, the EPA ensures compliance with environmental laws. If Matt makes the assumption that environmental problems are so complex and widespread that the EPA could not hope to ma.
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Scanned by CamScanner Scanned by CamScanner Chapter 13:The Bureaucracy ADA Text Version Learning Objectives 1. Describe the formal organization of the federal bureaucracy. 2. Classify the vital functions performed by the bureaucracy. 3. Explain the present Civil Service system and contrast it with the 19th century spoils system. 4. Identify the various factors contributing to bureaucracy's growth over time. 5. Compare the means by which Congress and the president attempt to maintain control over the bureaucracy. 6. Analyze and evaluate the problems that bureaucratic organization poses for American democracy. Introduction The very word "bureaucracy" often carries negative connotations. To refer to an institution as a "bureaucracy" or characterize it as "bureaucratic" is usually intended as an insult. But the national bureaucracy, sometimes called the "fourth branch of government", is responsible for practically all of the day-to-day work of governing the country. While bureaucracy in the United States, consistent with our tradition of more limited government, is smaller than its counterparts in other longstanding democracies, its influence extends to almost every corner of American society. From delivery of the mail to regulation of the stock market to national defense, federal employees plan, regulate, adjudicate, enforce, and implement federal law. Despite recurrent calls to "shrink" the size of government, the federal bureaucracy remains the largest single employer in the United States. This lesson examines the bureaucracy's formal organization, its critical role in the American economy and society, and its perceived weaknesses. Study Questions 1. How did sociologist Max Weber define bureaucracy? 2. Identify the various functions federal bureaucracies perform giving at least one example each: a. Implementation b. Regulation c. Adjudication d. Enforcement e. Policy-making 3. How many people does the federal government employ? For what percentage of GDP does federal spending account? How does this compare to other economically advanced democracies? 4. Classify and distinguish the major types of bureaucracy in the federal government: a. Cabinet Departments b. Independent Agencies c. Independent Regulatory Commissions d. Government Corporations 5. How does the federal bureaucracy select and recruit personnel? Contrast the present civil service system with the spoils system. What advantages does the present system provide? 6. What factors explain the growth of bureaucracy over time despite recurrent calls for limiting the size of government? 7. Identify those factors in the budget process making it difficult to cut bureaucratic funding. 8. Describe the way Congress authorizes funding for the federal bureaucracy. 9. How does Congress attempt to control the federal bureaucracy? 10. How does the president attempt to control the federal bureaucracy? 11. What special problems does bureaucratic independence present in a democracy? Discuss with re.
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6 The Executive Branch © Andrew Gombert/epa/Corbis Learning Objectives By the end of this chapter, you should be able to • Describe the history and evolution of the federal bureaucracy. • Analyze the differences between political and civil service administration. • Describe the rise of the civil service system. • Describe the essential functions of bureaucracy. • Analyze differences between various types of agencies and departments within the bureaucracy. • Describe how the political branches of government attempt to control the bureaucracy and ensure accountability. • Evaluate the relationship among bureaucracy, Congress, and interest groups. • Analyze the relationship between the nature and structure of American bureaucracy and Ameri- can political culture. fin82797_06_c06_133-160.indd 133 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.1 Components of the Federal Bureaucracy Upon taking office in January 2009, President Obama appointed several “czars,” White House counselors tasked with particular policy responsibilities, to oversee several policy areas. Crit- ics charged that the president was attempting to circumvent the bureaucratic process by run- ning things from the White House, rather than through the traditional executive branch departments. Critics also charged that by appointing czars who would work in the White House, rather than as assistant secretaries in the various departments, the president was avoiding the appointment process, which requires Senate confirmation. President Obama’s actions were viewed as an attempt to avoid legislative oversight, as these czars could not eas- ily be summoned to testify before Congress, nor could the products of their work be subjected to the Freedom of Information Act. The roots of the czar concept lie in the 1939 Brownlow Commit- tee report, which brought about a reorganization of the executive branch that included the creation of the Executive Office of the Presi- dent (EOP), which led to a greater concentration of policymaking and oversight of agencies and White House departments. Presidents with active policy agen- das often believe they can achieve better results if they do not have to rely on a large federal bureaucracy. Although the president is both chief executive and chief operating offi- cer of the executive branch, the fed- eral government is a vast organiza- tion of several million employees, many of whom are protected by certain rules. A president can control his or her advisors in the White House because they serve at his or her pleasure, but he or she has no such author- ity over the bureaucracy. While the president can remove department and agency appointees, there are often political consequences to doing so. To be successful with Congress, presidents need the bureaucracy to implement their policy agendas. In this chapter, we look at the bureaucracy. We examine the .
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6 The Executive Branch © Andrew Gombert/epa/Corbis Learning Objectives By the end of this chapter, you should be able to • Describe the history and evolution of the federal bureaucracy. • Analyze the differences between political and civil service administration. • Describe the rise of the civil service system. • Describe the essential functions of bureaucracy. • Analyze differences between various types of agencies and departments within the bureaucracy. • Describe how the political branches of government attempt to control the bureaucracy and ensure accountability. • Evaluate the relationship among bureaucracy, Congress, and interest groups. • Analyze the relationship between the nature and structure of American bureaucracy and Ameri- can political culture. fin82797_06_c06_133-160.indd 133 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.1 Components of the Federal Bureaucracy Upon taking office in January 2009, President Obama appointed several “czars,” White House counselors tasked with particular policy responsibilities, to oversee several policy areas. Crit- ics charged that the president was attempting to circumvent the bureaucratic process by run- ning things from the White House, rather than through the traditional executive branch departments. Critics also charged that by appointing czars who would work in the White House, rather than as assistant secretaries in the various departments, the president was avoiding the appointment process, which requires Senate confirmation. President Obama’s actions were viewed as an attempt to avoid legislative oversight, as these czars could not eas- ily be summoned to testify before Congress, nor could the products of their work be subjected to the Freedom of Information Act. The roots of the czar concept lie in the 1939 Brownlow Commit- tee report, which brought about a reorganization of the executive branch that included the creation of the Executive Office of the Presi- dent (EOP), which led to a greater concentration of policymaking and oversight of agencies and White House departments. Presidents with active policy agen- das often believe they can achieve better results if they do not have to rely on a large federal bureaucracy. Although the president is both chief executive and chief operating offi- cer of the executive branch, the fed- eral government is a vast organiza- tion of several million employees, many of whom are protected by certain rules. A president can control his or her advisors in the White House because they serve at his or her pleasure, but he or she has no such author- ity over the bureaucracy. While the president can remove department and agency appointees, there are often political consequences to doing so. To be successful with Congress, presidents need the bureaucracy to implement their policy agendas. In this chapter, we look at the bureaucracy. We examine the .
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Administrative Authority The Constitution defines the powers of the executive, legislative, and judicial branches. In Article I of the Constitution, the Delegation Doctrine states that the three branches cannot delegate these powers. For instance, according to the Delegation Doctrine, the legislation cannot delegate law-making functions to non-legislative bodies, such as administrative agencies. But what are law-making functions? How does the court interpret these functions? In the readings this week, you take a closer look at the Delegation Doctrine and how the courts have interpreted it. Then you consider the impact of the Delegation Doctrine and the court's interpretation of it on the authority of agencies to execute statutes or legislation passed by Congress. Understanding what the legislative branch (i.e. – Congress), can delegate to administrative agencies is particularly important because some statutes passed down by Congress are vague and ambiguous. In these instances, administrative agencies must interpret or determine what Congress meant, and based on this, prescribe rules to carry out the statutes. To prepare for this Discussion: Review the assigned pages of Chapter 3 of the course text, Administrative Law and Politics: Cases and Comments. Think about how the Delegation Doctrine impacts the authority of administrative agencies to execute statutes. Review Chapter 4 of the course text, Administrative Law and Politics: Cases and Comments. Focus on the issues that sometimes occur when vague statutes are given to administrative agencies to execute. Pay particular attention to cases and outcomes regarding vague statues. Review the course media, “ Administrative Agencies – Authority and Enforcement,” thinking about the implications that result when administrative agencies do not receive the proper resources from Congress to execute statutes (eg. flexibility, financially, staffing, direction, etc…) Reflect on the impact of the Delegation Doctrine on the authority of administrative agencies to execute statutes. Reflect on your thoughts as to whether Congress and the president should provide specific direction to administrative agencies about the execution of statutes. With these thoughts in mind: Post by Day 4 an explanation of how the Delegation Doctrine impacts the authority of administrative agencies to execute statutes. Be specific and use examples to illustrate your explanation. Then explain your thoughts as to whether Congress and the President should provide specific direction to agencies about the execution of statutes. Be specific. Be sure to support your postings and responses with specific references to the Learning Resources. Read a selection of your colleagues' postings. Respond by Day 6 to at least one of your colleagues' postings in one or more of the following ways. Ask a probing question. Share an insight from having read your colleague’s posting . Offer and support an opinion. Validate an idea with your ow.
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Scanned by CamScanner Scanned by CamScanner Chapter 13:The Bureaucracy ADA Text Version Learning Objectives 1. Describe the formal organization of the federal bureaucracy. 2. Classify the vital functions performed by the bureaucracy. 3. Explain the present Civil Service system and contrast it with the 19th century spoils system. 4. Identify the various factors contributing to bureaucracy's growth over time. 5. Compare the means by which Congress and the president attempt to maintain control over the bureaucracy. 6. Analyze and evaluate the problems that bureaucratic organization poses for American democracy. Introduction The very word "bureaucracy" often carries negative connotations. To refer to an institution as a "bureaucracy" or characterize it as "bureaucratic" is usually intended as an insult. But the national bureaucracy, sometimes called the "fourth branch of government", is responsible for practically all of the day-to-day work of governing the country. While bureaucracy in the United States, consistent with our tradition of more limited government, is smaller than its counterparts in other longstanding democracies, its influence extends to almost every corner of American society. From delivery of the mail to regulation of the stock market to national defense, federal employees plan, regulate, adjudicate, enforce, and implement federal law. Despite recurrent calls to "shrink" the size of government, the federal bureaucracy remains the largest single employer in the United States. This lesson examines the bureaucracy's formal organization, its critical role in the American economy and society, and its perceived weaknesses. Study Questions 1. How did sociologist Max Weber define bureaucracy? 2. Identify the various functions federal bureaucracies perform giving at least one example each: a. Implementation b. Regulation c. Adjudication d. Enforcement e. Policy-making 3. How many people does the federal government employ? For what percentage of GDP does federal spending account? How does this compare to other economically advanced democracies? 4. Classify and distinguish the major types of bureaucracy in the federal government: a. Cabinet Departments b. Independent Agencies c. Independent Regulatory Commissions d. Government Corporations 5. How does the federal bureaucracy select and recruit personnel? Contrast the present civil service system with the spoils system. What advantages does the present system provide? 6. What factors explain the growth of bureaucracy over time despite recurrent calls for limiting the size of government? 7. Identify those factors in the budget process making it difficult to cut bureaucratic funding. 8. Describe the way Congress authorizes funding for the federal bureaucracy. 9. How does Congress attempt to control the federal bureaucracy? 10. How does the president attempt to control the federal bureaucracy? 11. What special problems does bureaucratic independence present in a democracy? Discuss with re.
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6 The Executive Branch © Andrew Gombert/epa/Corbis Learning Objectives By the end of this chapter, you should be able to • Describe the history and evolution of the federal bureaucracy. • Analyze the differences between political and civil service administration. • Describe the rise of the civil service system. • Describe the essential functions of bureaucracy. • Analyze differences between various types of agencies and departments within the bureaucracy. • Describe how the political branches of government attempt to control the bureaucracy and ensure accountability. • Evaluate the relationship among bureaucracy, Congress, and interest groups. • Analyze the relationship between the nature and structure of American bureaucracy and Ameri- can political culture. fin82797_06_c06_133-160.indd 133 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.1 Components of the Federal Bureaucracy Upon taking office in January 2009, President Obama appointed several “czars,” White House counselors tasked with particular policy responsibilities, to oversee several policy areas. Crit- ics charged that the president was attempting to circumvent the bureaucratic process by run- ning things from the White House, rather than through the traditional executive branch departments. Critics also charged that by appointing czars who would work in the White House, rather than as assistant secretaries in the various departments, the president was avoiding the appointment process, which requires Senate confirmation. President Obama’s actions were viewed as an attempt to avoid legislative oversight, as these czars could not eas- ily be summoned to testify before Congress, nor could the products of their work be subjected to the Freedom of Information Act. The roots of the czar concept lie in the 1939 Brownlow Commit- tee report, which brought about a reorganization of the executive branch that included the creation of the Executive Office of the Presi- dent (EOP), which led to a greater concentration of policymaking and oversight of agencies and White House departments. Presidents with active policy agen- das often believe they can achieve better results if they do not have to rely on a large federal bureaucracy. Although the president is both chief executive and chief operating offi- cer of the executive branch, the fed- eral government is a vast organiza- tion of several million employees, many of whom are protected by certain rules. A president can control his or her advisors in the White House because they serve at his or her pleasure, but he or she has no such author- ity over the bureaucracy. While the president can remove department and agency appointees, there are often political consequences to doing so. To be successful with Congress, presidents need the bureaucracy to implement their policy agendas. In this chapter, we look at the bureaucracy. We examine the .
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6 The Executive Branch © Andrew Gombert/epa/Corbis Learning Objectives By the end of this chapter, you should be able to • Describe the history and evolution of the federal bureaucracy. • Analyze the differences between political and civil service administration. • Describe the rise of the civil service system. • Describe the essential functions of bureaucracy. • Analyze differences between various types of agencies and departments within the bureaucracy. • Describe how the political branches of government attempt to control the bureaucracy and ensure accountability. • Evaluate the relationship among bureaucracy, Congress, and interest groups. • Analyze the relationship between the nature and structure of American bureaucracy and Ameri- can political culture. fin82797_06_c06_133-160.indd 133 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.1 Components of the Federal Bureaucracy Upon taking office in January 2009, President Obama appointed several “czars,” White House counselors tasked with particular policy responsibilities, to oversee several policy areas. Crit- ics charged that the president was attempting to circumvent the bureaucratic process by run- ning things from the White House, rather than through the traditional executive branch departments. Critics also charged that by appointing czars who would work in the White House, rather than as assistant secretaries in the various departments, the president was avoiding the appointment process, which requires Senate confirmation. President Obama’s actions were viewed as an attempt to avoid legislative oversight, as these czars could not eas- ily be summoned to testify before Congress, nor could the products of their work be subjected to the Freedom of Information Act. The roots of the czar concept lie in the 1939 Brownlow Commit- tee report, which brought about a reorganization of the executive branch that included the creation of the Executive Office of the Presi- dent (EOP), which led to a greater concentration of policymaking and oversight of agencies and White House departments. Presidents with active policy agen- das often believe they can achieve better results if they do not have to rely on a large federal bureaucracy. Although the president is both chief executive and chief operating offi- cer of the executive branch, the fed- eral government is a vast organiza- tion of several million employees, many of whom are protected by certain rules. A president can control his or her advisors in the White House because they serve at his or her pleasure, but he or she has no such author- ity over the bureaucracy. While the president can remove department and agency appointees, there are often political consequences to doing so. To be successful with Congress, presidents need the bureaucracy to implement their policy agendas. In this chapter, we look at the bureaucracy. We examine the .
6 The Executive Branch© Andrew GombertepaCorbisLearn.docx
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Bureaucracy
1.
Chapter 15 Section
1 The Federal Bureaucracy
2.
What is Bureaucracy?
3.
4.
5.
Do these three
features make bureaucracies more or less effective?
6.
7.
How and When
are Bureaucrats elected?
8.
9.
10.
11.
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