AMSCO AP GOV 2.14, 2.15

Why does the federal bureaucracy need accountability?

Bureaucrats are unelected but wield power in shaping and enforcing policy; oversight prevents inefficiency, overreach, and bias.

Who mainly holds the bureaucracy accountable?

Congress, the President, and the courts, with the public also playing a role.

What is congressional oversight?

Congress’s power to supervise federal agencies to ensure laws are implemented as intended.

Main tools of congressional oversight

Hearings, investigations, budget appropriations, new legislation, subpoenas, GAO reports.

Power of the Purse

Congress’s ability to fund or defund agencies to control their actions.

Example of congressional hearings

2013 Healthcare.gov hearings investigating website failures.

What is the GAO?

Government Accountability Office — nonpartisan agency that monitors federal spending and program effectiveness.

Legislative clarification

Congress rewriting or amending laws to restrict or guide agency authority.

Subpoenas in oversight

Congressional committees compel agencies to provide information for investigations.

President’s role in bureaucracy

As head of the executive branch, the President directs agencies via appointments, orders, and supervision.

Presidential appointment power

President appoints heads of departments/agencies to align with policy goals.

Executive orders

Directives from the President telling agencies how to implement laws.

OMB’s role

Office of Management and Budget reviews agency regulations and budgets for alignment with presidential priorities.

Performance reviews

President requires agencies to report on activities and compliance with policy goals.

Example of presidential supervision

Trump’s 2017 order requiring agencies to repeal two regulations for each new one.

Judicial review of bureaucracy

Courts decide if agency actions are constitutional and within authority.

Administrative Procedure Act (APA)

Law requiring agencies to follow fair procedures during rulemaking.

Chevron deference

Courts sometimes defer to agency interpretations of ambiguous laws (though more limited today).

Injunctions

Courts can block enforcement of harmful agency rules.

Example of judicial accountability

Massachusetts v. EPA (2007) — Court required EPA to regulate greenhouse gases under Clean Air Act.

What is compliance monitoring?

Agency process of checking whether individuals, companies, and states follow federal rules.

Why compliance monitoring matters

Prevents fraud, waste, and abuse but can raise concerns of overreach or inefficiency.

Example of compliance monitoring

Dept. of Education checks colleges for Title IX and federal aid compliance.

What does accountability require?

Active oversight, transparency, and consequences for agency failures.

Congress’s accountability role

Appropriates funds, holds hearings, rewrites laws, oversees implementation.

President’s accountability role

Appoints leadership, issues orders, oversees rulemaking and compliance.

Judiciary’s accountability role

Reviews legality and constitutionality of agency actions.

Public’s accountability role

Uses FOIA requests, elections, lawsuits, and media pressure to demand action.

Oversight

Supervision of agencies by Congress to ensure laws are implemented properly.

Compliance Monitoring

Agency enforcement to verify that laws and regulations are followed.

Regulatory Capture

When agencies serve the interests of the industry they regulate instead of the public.

Executive Order

A directive from the President to manage operations of the federal government.

Power of the Purse

Congress’s constitutional authority to control agency funding.

Budget and Impoundment Control Act (1974)

Limits the President’s ability to withhold funds; strengthens Congress’s budget authority.

Example of poor accountability

Reagan’s EPA Superfund mismanagement showed failures in bureaucratic oversight.

Example of successful oversight

Post-9/11 congressional investigations strengthened intelligence agency accountability.

What is public policy?

A law, guideline, rule, or set of principles created to solve a problem or achieve a specific outcome.

Who shapes public policy in the U.S.?

The legislative, executive, and judicial branches, often working in tension.

Why is policymaking slow?

Because it involves multiple institutions, negotiations, and constitutional checks.

Does policymaking only come from Congress?

No — the President, courts, and bureaucracy also play major roles.

Role of Congress in policymaking

Creates laws, authorizes spending, confirms appointments, ratifies treaties, conducts oversight.

Congress’s “power of the purse”

Congress controls the budget, funding agencies and programs.

Congress oversight tools

Hearings, investigations, subpoenas, funding restrictions, new laws.

Example of Congress shaping policy

Infrastructure law: Congress funds projects, then questions DOT about allocation.

What happens when Congress fails to pass a budget?

Continuing resolutions, possible government shutdowns, and policy delays.

Role of the executive branch

Enforces/administers policy through the President and federal agencies.

Presidential policy tools

Executive orders, budget preparation, appointments, bully pulpit, executive privilege.

What is discretionary authority?

Agencies’ power to interpret vague laws and make detailed rules.

What is rulemaking?

Agency process of creating regulations that implement congressional laws.

Example of executive policy influence

EPA sets pollution standards under a clean air law passed by Congress.

Role of the judicial branch

Interprets laws, settles disputes, and reviews constitutionality of policies.

What is judicial review?

Court power to strike down laws or executive actions that violate the Constitution.

Do courts write policy?

No, but their rulings shape how laws are applied and enforced.

Example of judicial impact on policy

NFIB v. Sebelius (2012) — upheld much of the ACA but limited Medicaid expansion.

Why must bureaucracy be held accountable?

Because it is unelected but wields real power in policy enforcement.

Congress’s checks on bureaucracy

Funding control, oversight hearings, laws narrowing discretion.

President’s checks on bureaucracy

Appoints/removes agency heads, reorganizes agencies, issues executive orders.

Judiciary’s checks on bureaucracy

Reviews agency actions, can rule them unconstitutional or beyond authority.

Example of agency discretion

EPA deciding which pollutants to regulate under clean air laws.

What are “access points” in policymaking?

Places where interest groups and citizens can influence government decisions.

How does separation of powers affect policymaking?

It slows the process but prevents abuse and encourages compromise.

Why do the branches often conflict?

They have different constituencies, priorities, and powers.

Examples of conflict outcomes

Government shutdowns, gridlock, increased executive orders, court battles.

What is divided government?

When different parties control different branches, often increasing conflict.

What is a legislative veto?

When Congress tries to block agency action without passing a new law (largely unconstitutional).

How do interest groups influence policy?

By lobbying Congress, pressuring the President, and filing lawsuits in courts.

What is the bully pulpit?

President’s use of media and public appeals to pressure Congress or agencies.

Example of presidential informal power

Using executive privilege or public persuasion to guide policy.

Why is policymaking constrained by separation of powers?

No single branch can fully control policy — cooperation or conflict shapes outcomes.

What are the consequences of shared powers?

Policy gridlock, slow action, but more democratic participation and checks.

Does shared power strengthen democracy?

Yes — it forces debate and compromise, though it can also frustrate progress.

Final takeaway on policymaking

Public policy results from interaction, negotiation, and conflict between branches, ensuring accountability and limiting abuse.