AP Gov 2.13 — Discretionary & Rule-Making Authority of the Bureaucracy

AP Gov 2.13 — Discretionary & Rule-Making Authority of the Bureaucracy

Implementation

The process by which bureaucratic agencies carry out and enforce laws passed by Congress; this is significant because bureaucrats decide how laws work in practice (example

Bureaucratic discretion

The authority given to bureaucrats to decide how laws are implemented; this is significant because it allows flexibility and expertise but can reduce direct democratic control (example

Regulation

Rules created by bureaucratic agencies that have the force of law; this is significant because regulations shape policy outcomes and directly affect citizens and businesses (example

Bureaucratic adjudication

The process by which agencies resolve disputes over regulations through administrative hearings; this is significant because agencies act like courts when interpreting and enforcing rules (example

Hatch Act

A federal law limiting the political activities of federal employees; this is significant because it prevents bureaucrats from using their positions for partisan politics and maintains neutrality.

How federal bureaucracy characteristics impede presidential control

Bureaucratic independence

Many bureaucrats are protected by civil service rules, making them difficult for presidents to fire; this limits presidential control and increases continuity across administrations.

Why Congress defers to bureaucrats

Expertise and efficiency

Congress lacks technical expertise and time, so it delegates rule-making authority to agencies; this is significant because bureaucrats specialize in complex policy areas like environmental or financial regulation.

Steps in the rule-making process

Rule-making process

Congress passes a law → agency drafts rules → public notice and comment → final rule issued → enforcement; this is significant because it ensures transparency and public input while allowing expert decision-making.

AP Gov 2.14 — Holding the Bureaucracy Accountable

The Presidency

The president influences the bureaucracy through appointments, executive orders, and budget proposals; this is significant because it allows presidents to guide policy implementation, though civil service protections limit direct control.

Congress

Congress controls the bureaucracy through legislation, oversight hearings, budget authority, and confirmation of appointments; this is significant because it allows Congress to check bureaucratic power (example

The Courts

Courts review bureaucratic actions and can declare regulations unconstitutional; this is significant because it ensures agencies do not exceed their legal authority.

The Media

The media investigates and reports on bureaucratic actions; this is significant because public exposure can pressure agencies to change behavior or policy.

Public opinion

Public support or criticism influences how agencies act; this is significant because bureaucracies rely on legitimacy and public trust to function effectively.