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Independent Regulatory Agencies
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Enforce industry-specific laws
Could have a director or a board with a chairperson
Staggered terms mean no ONE president can appoint too many
Are appointed and confirmed, but CANNOT be removed by President i.e. independent
Congress allows the agency to create some of the procedures and regulations as Congress can not keep up with all of the changing agencies. Power towards regulatory agencies changes over time.
Could have a director or a board with a chairperson
Staggered terms mean no ONE president can appoint too many
Are appointed and confirmed, but CANNOT be removed by President i.e. independent
Congress allows the agency to create some of the procedures and regulations as Congress can not keep up with all of the changing agencies. Power towards regulatory agencies changes over time.
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Bureaucracy Rule Making
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bureaucracies are consistently looking to create new rules and redefine old ones. News ones get created by new technology or societal needs as well. With the rise of Social Media, the Federal Elections Commission is addressing new rules on political advertisements that are online in general.
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Administrative Procedures Act
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federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making by agencies
It makes it so the rule-making process is transparent, fair, and formalized. Also assures a formal way for businesses and people affected by the new rule to have some say in it.
It makes it so the rule-making process is transparent, fair, and formalized. Also assures a formal way for businesses and people affected by the new rule to have some say in it.
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Why does Congress delegate authority to the bureaucracy?
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One of the reasons could be to kind of point blame towards the department versus at themselves when the regulation is unpopular. Like having to close a factory on the basis of safety violations.
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Quasi-Legislative power of Bureaucratic agencies
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act just like a legislative bodies when issuing policies, which have the effect of law.
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Quasi-Judicial power of Bureaucratic agencies
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act like a judge when enforcing penalties for violating regulations
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Compliance monitoring
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making sure firms and companies subject to regulations are following those standards and provisions
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Delegated Discretionary Authority
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The extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws.
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Oversight
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Supervision and investigations by committees
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Power of the Purse
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Constitutional power given to Congress to raise and spend money, Must be passed by a committee or subcommittee has authorization of spending measures.
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Committee Hearings
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For example, Hose and Senate committees hold oversight hearings to address agency action or inaction or their relationship with the agency. To discuss what the agency has done or hasn't done. Agencies a lot of times have matching committees and sub-committees. It connects the agencies and departments to Congress and the bureaucrats.
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Legislative Authority
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Pass laws to limit or terminate an agency
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Regulatory and Review Process
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Under this, all regulations that have a large effect on the economy, public health, and other major and important aspects of policy undergo close review. Then regulations that go against the president's policy views may be revised and even eliminated.
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Policy Goals and Streamlining
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Reorganizing agencies
Restructuring goals
Reducing redundancies
Restructuring goals
Reducing redundancies
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Why do some groups have little oversight?
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They need high security.
Ex. CIA, FBI, NSA
Ex. CIA, FBI, NSA
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Deregulation
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The government bureaucratic group decides to reduce the government's role by relaxing policy enforcement or Congress simply changes laws
Positive results: elimination of bureaucracy, promotes competition, measurable standards
Negatives: Promotes maybe lower quality of some gov services like airlines, maybe looser policies can have negetive effects with the little amount of info on some drugs. Like Thalidomide.
Positive results: elimination of bureaucracy, promotes competition, measurable standards
Negatives: Promotes maybe lower quality of some gov services like airlines, maybe looser policies can have negetive effects with the little amount of info on some drugs. Like Thalidomide.
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Legislative Veto
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Created to control Executive Agencies. It is a requirement that certain agency decisions must wait for a defined period of either 30 or 90 days. Really it is a way for Congress to stop what an agency is doing or does. The Constitutionality of it was questioned in court. The got ruled it was only for the President and not the legislative branch.
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"Going Native"
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Sometimes presidents and the Executive can set goals that are too difficult to achieve. So an appointed bureaucrat may decide to go native". This basically means siding with his or her own department or agency instead of siding with the President. A risky move.
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Whistle Protection Blower Act
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Prohibits a federal agency from retaliating against or threatening an employee who has disclosed acts that he or she believes were illegal or dishonest.
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Chevron deference
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Agencies can not only determine the law but can also change the interpretation at any time
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U.S. Circuit Court of Appeals
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the courts where parties who are dissatisfied with the judgment of a U.S. District court may take their case