Bureaucratic Power: Policy Implementation and Rule-Making
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Examines the significant power wielded by the bureaucracy through its roles in policy implementation, rule-making (a quasi-legislative function), and administrative adjudication (a quasi-judicial function).
Bureaucratic Power: Policy Implementation and Rule-Making
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What is policy implementation?
The primary function of the bureaucracy. It is the process of translating the goals and objectives of a policy (a law, executive order, or court ruling) into an operating, ongoing program.
What is bureaucratic or discretionary authority?
The ability of bureaucrats to use their own judgment and expertise to make choices about how to implement and enforce federal laws. This is a major source of the bureaucracy's power.
What is rule-making authority?
A quasi-legislative power delegated to bureaucratic agencies by Congress. It is the process by which agencies create regulations that have the force of law to implement legislation.
Why is rule-making considered a "quasi-legislative" power?
Because while agencies are part of the executive branch, the regulations they create function like laws passed by the legislative branch (Congress). This power is delegated to them by Congress.
What is administrative adjudication?
A quasi-judicial power of the bureaucracy. It is a process where a bureaucratic agency settles disputes between parties that arise from the implementation of its regulations, similar to how a court would.
Why is administrative adjudication considered a "quasi-judicial" power?
Because agencies can make binding decisions in specific cases, resolving disputes and levying penalties much like a court. However, these decisions can typically be appealed in the federal court system.
What is meant by the term "red tape" in the context of bureaucracy?
A term used to describe the complex rules, procedures, and formal steps that must be followed to get something done within a bureaucracy. It is often seen as a source of frustration and inefficiency.
What was the purpose of the Administrative Procedure Act of 1946?
To govern the process of rule-making by federal agencies. It requires agencies to provide public notice of proposed rules, allow for public comment, and publish final rules, ensuring a degree of transparency and public input.
