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Executive Checks on the Bureaucracy
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1. Pres. can fire and replace department (and certain agency) heads if they are unable to execute the Pres. agenda. (risky because Senate has to approve the new appointment)
2. Pres. can threaten to propose funding cuts. (risky because althought Pres. proposes the budget, that power ultimately rests with Congress)
3. Pres. can use personal persuasion and presidential authority to promote change he/she deems necessary.
2. Pres. can threaten to propose funding cuts. (risky because althought Pres. proposes the budget, that power ultimately rests with Congress)
3. Pres. can use personal persuasion and presidential authority to promote change he/she deems necessary.
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Congress Checks on the Bureaucracy
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1. Congress has the ability to eliminate uncooperative agencies that do not function according to its rules.
2. Congress' power of the purse means an agency cannot spend money without Congressional authoritization. (Congress has the $$$)
3. Congressional oversight can take the form of budgetary review, controls on personnel, as well as investigations and public hearings. (risky because it can create a conflict of interest for members of Congress because they rely on the agencies to create and enforce the laws that they mandate)
2. Congress' power of the purse means an agency cannot spend money without Congressional authoritization. (Congress has the $$$)
3. Congressional oversight can take the form of budgetary review, controls on personnel, as well as investigations and public hearings. (risky because it can create a conflict of interest for members of Congress because they rely on the agencies to create and enforce the laws that they mandate)
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Judicial Checks on the Bureaucracy
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1. SCOTUS and lower courts can hear cases/appeals brought against bureaucratic agencies and can side against them. The judicial branch entrusts the bureaucratic agencies to be experts in their specific fields and to do the right thing:
overturning the decision of a bureaucratic agency is rare by the federal courts.
overturning the decision of a bureaucratic agency is rare by the federal courts.
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Primacy Function of the Bureaucracy
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policy implementation; they carry out the authoritative decisions of Congress, the president, and the courts.
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Discretionary Authority
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Bureaucratic power/freedom to decide what should be done in a particular situation.
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Bureaucratic Rulemaking: Before the Proposed Rule
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Laws enacted by Congress give agencies the authority to issue regulations. This grant general authority to regulate certain activities within society.
Factors that could inspire an agency to make new rules:
- new technologies/new data
- concerns about problems
- petitions
- lawsuits
Factors that could inspire an agency to make new rules:
- new technologies/new data
- concerns about problems
- petitions
- lawsuits
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Bureaucratic Rulemaking: During the Process
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Public Involvement:
Anyone can comment on any part of a proposed rule, enabled by the notice-and-comment process
Presidential Involvement:
The Pres. analyzes and drafts the final rules when they are significant
Final Rules are posted for the public in the Code of Federal Regulations
Anyone can comment on any part of a proposed rule, enabled by the notice-and-comment process
Presidential Involvement:
The Pres. analyzes and drafts the final rules when they are significant
Final Rules are posted for the public in the Code of Federal Regulations
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Bureaucratic Rulemaking: After the Rule
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Congressional Involvement:
New final rules are sent to Congress for review
Federal Court Involvement:
When people go to the court to make a claim, the court can determine if the rule is unconstitutional or goes beyond authority
New final rules are sent to Congress for review
Federal Court Involvement:
When people go to the court to make a claim, the court can determine if the rule is unconstitutional or goes beyond authority
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Bureaucracy as a Quasi Power
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The Bureaucracy executes and administers, makes, and judges policy.
In this way, it mimic the powers of the 3 branches:
quasi-legislative, quasi-executive, and quasi-judicial
In this way, it mimic the powers of the 3 branches:
quasi-legislative, quasi-executive, and quasi-judicial