The federal bureaucracy uses delegated discretionary authority
for rule making and implementation
. … The executive branch has been delegated to enforce those laws passed by Congress. Somebody has got to do it…and our bureaucratic agencies are happy to.
Laws may lack clear, concrete details on how they should be enacted, so the federal bureaucracy has discretionary
authority to make decisions on what actions to take
—or not take—when implementing laws, as well as rulemaking authority to create regulations about how government programs should operate.
Here are a few examples:
the Department of Education, Environmental Protection Agency
, Federal Elections Commission, and the Securities and Exchange Commission.
Key Ideas. Discretionary authority is
an agency’s ability to decide whether or not to take certain courses of action when implementing existing laws
. Rule-making Authority is an agency’s ability to make rules that affect how programs operate, and to force states and corporations to obey these rules as if they were laws …
Why is the bureaucracy given bureaucratic discretion?
Discretion,
that ability to decide how policies will be implemented
, is a key component of bureaucratic power. Since agencies have a great deal of discretion (Rourke 1984), studies of policy effectiveness need to ex- amine what can occur when different implementation choices are made.
The federal bureaucracy uses delegated discretionary authority for
rule making and implementation
. … The executive branch has been delegated to enforce those laws passed by Congress.
Who is in an iron triangle?
In United States politics, the “iron triangle” comprises the policy-making relationship among the congressional committees, the bureaucracy, and interest groups, as described in 1981 by Gordon Adams.
What is abuse of discretionary power?
Definition. A standard of review used by appellate courts to review decisions of lower courts. The appellate court will typically find that the decision was an abuse of discretion if
the discretionary decision was made in plain error
.
Who has discretionary power?
Discretionary powers exercised by
administrative and legal authorities
are permissive, and not binding. These powers are granted to these officials by statute or delegation. Discretionary powers do not impose an obligation on a decision-maker to exercise them or to exercise them in a particular manner.
What is difference between arbitrary and discretionary?
is that arbitrary is (usually|of a decision) based on
individual discretion or judgment
; not based on any objective distinction, perhaps even made at random while discretionary is available at one’s discretion; able to be used as one chooses; left to or regulated by one’s own discretion or judgment.
In which ways can bureaucratic discretion be a good thing?
Discretion,
that ability to decide how policies will be implemented
, is a key component of bureaucratic power. Since agencies have a great deal of discretion (Rourke 1984), studies of policy effectiveness need to ex- amine what can occur when different implementation choices are made.
Why is administrative discretion important?
Administrative discretion
allows agencies to use professional expertise and judgment when making decisions or performing official duties
, as opposed to only adhering to strict regulations or statuses.
What does the bureaucracy regulate?
The federal bureaucracy makes
regulations
(the rules by which federal and state programs operate) through an administrative process known as rule making. Regulations can be challenged in court, and they are not put into effect until the legal issues are resolved.
What is the biggest government corporation?
The USPS
is the largest government corporation and delivers billions of pieces of mail each year.
Why has there been a shift from patronage to merit AP Gov?
The transition from a patronage-based bureaucracy to a merit-based system has
increased the bureaucracy’s professionalism and expertise
. The bureaucracy is nonpartisan and career civil servants tend to span many presidential administrations, allowing for continuity in the public sector.
What is Rule Making AP Gov?
rule making. – a
quasi-legislative administrative process that has the characteristics of a legislative act
. Regulations are the rules that govern the operation of all government programs and have the force of law.
