Unit: The Bureaucracy (01/13)

Aims Agenda
SWBAT: analyze the structures and functions of the federal bureaucracy to 1. Do Now
determine which structures and functions contribute to bureaucratic 2. Big Question
effectiveness and accountability. 3. Content
4. Document
5. Exit Ticket

Do Now:

1. What is bureaucratic discretion and how is it used?

Bureaucratic discretion is used to interpret and implement laws, regulations, and policies in specific ways.
Allows bureaucratic discretion to apply general laws or rules to individual cases as long as their actions align
overarching goals. Bureaucratic discretion is used when working within the guidelines set by legislation.

Big Question
What is the most effective tool bureaucrats can use to influence policy?
The most effective tool bureaucrats can use to influence policy is rule making.
Documents

Document A: Bureaucratic Power

SPECIFIC BUREAUCRATIC POWERS

Note – When you see the word “administrative”, it is referring to the activities of the bureaucracy / executive
branch.
RULE-MAKING BUREAUCRATIC (ADMINISTRATIVE) ISSUING FINES
DISCRETION
Rule-making refers to the power of Discretion means the freedom to Certain bureaucratic
bureaucrats to write the specific decide. Thus, bureaucratic institutions, such as
regulations that determine the discretion refers to the power that independent regulatory
implementation of public policy. individual bureaucrats and agencies commissions, can issue
have to make choices about how to monetary fines as a means of
A “rule” is what is more commonly implement existing laws. ensuring that statutes and
referred to as a “regulation”. In other regulations are followed.
words, when bureaucrats engage in Exercising bureaucratic discretion is
rule-making, they are explicitly less formal than rule-making For example, the Federal
codifying how they are because it involves bureaucrats Election Commission (FEC)
implementing/enforcing a statute in making a decision about how to fines campaigns up to
implement/enforce a law in a $68,000 every time a
 writing and subject to a public review particular circumstance, and campaign violates federal
process. bureaucratic discretion does not campaign finance laws. The
involve the writing of an explicit rule FEC fined the Obama
or regulation. Administration $375,000 for
campaign finance violations
in 2008. Another example –
Note: Both of these bureaucratic powers are made possible because the The Environmental
statutes written by Congress are often vague. Through this statutory Protection Agency (EPA) can
vagueness, bureaucrats get to make decisions about what regulations are fine, and even imprison,
needed to implement/enforce a law (rule-making) or how to individuals, businesses, and
implement/enforce a law in a particular instance (bureaucratic discretion). state/local governments for
violating environmental
regulations.

The Relationship Between Administrative Law and Statutory Law

Checks on Bureaucratic Power

Use Document A to answer the following questions.

1. Describe ONE similarity and ONE difference that exists between bureaucratic rule-making and bureaucratic
discretion. One similarity that exists between bureaucratic rule-making and bureaucratic
discretion involve authority by government agencies to implement and interpret
laws passed by elected officials. They difference is that rule making is a process
where agencies create regulations that force law and detailed procedure. In
contrast, bureaucratic discretion involves day to day decisions and applying
laws or regulations.

2. Compelling Question Connection – Choose ONE of the three bureaucratic powers in Document A. Describe ONE
potential advantage of the use of this power. Then, describe ONE potential disadvantage of the use of this power.

One of the three bureaucratic powers is rule making. An advantage to rule making allows for clear and
consistent implementation. Bureaucrats create detailed rules to help clarify vague or general laws ensuring
policies are applied in fair manner. A potential disadvantage of rule-making is that it can be time consuming.
This process requires extensive research, legal review, and implementation of necessary regulation.
Document B: Bureaucratic Power Scenario #1 – Net Neutrality

The Federal Communications Commission (FCC) released a plan on Tuesday to [create rules that] dismantle landmark [Net
Neutrality] regulations that ensure equal access to the internet, clearing the way for internet service companies to charge
users more to see certain content and to curb access to some websites. [Note – For example, if the Net Neutrality rules
are dismantled, it is possible that your internet provider could make you pay more each month for access to websites like
Netflix].

The proposal…is a sweeping repeal of rules put in place by the Obama administration. The proposal would overturn
regulations that prohibit high-speed internet service providers, or I.S.P.s, from stopping or slowing down the delivery of
websites. They also prevent the companies from charging customers extra fees for high-quality streaming and other
services.

The announcement set off a fight over free speech and the control of the internet, pitting telecom titans like AT&T and
Verizon (the companies that provide internet to you) against internet giants like Google and Amazon. The internet
companies warned that rolling back the rules could make the telecom companies powerful gatekeepers to information
and entertainment. The telecom companies say that the existing rules prevent them from offering customers a wider
selection of services at higher and lower price points…

Note - If the F.C.C. takes this step, it will be reclassifying high-speed Internet service as an information service
instead of a public utility under the Telecommunications Act of 1996 and the Communications Act of 1934.

Use Documents A and B to answer the following questions.

1. Identify the specific bureaucratic agency involved in this scenario. Describe what policy goal this agency is pursuing.

Federal Communication Commission (FCC) is a bureaucratic agency. This policy goal is pursuing equal access
to the internet and clearing the way for internet service companies to charge users to see certain content and
curb access to websites. FCC aims to reclassify high-speed internet service as an important service rather than
a public utility under the Telecommunications Act of 1966 and the Communications Act of 1994.

2. Describe the specific bureaucratic power being exercised by the FCC in the scenario.

This is regulatory rule-making. This involves the creation and repeal of formal rules and regulations that
guide implementation of laws. This gives the FCC significant influence over regulatory framework for the
internet.
3. Based on this scenario, explain a potential advantage of the use of this specific type of bureaucratic power. Based on
this scenario, explain a potential disadvantage of the use of this specific type of bureaucratic power.
Hint – Consider how checks and balances might influence this exercise of bureaucratic power.

A potential advantage to use regulatory rule making is its ability to respond to changing industry
dynamics and adjust regulations accordingly. A disadvantage to use regulatory rule making is the risk of
diminished public accountability and concentration of power. This decision also concerns about checks
and balances system as congress or courts may limited ability to counteract the FCC's rule making
decisions.

Document C: Bureaucratic Power Scenario #2 – Controlled Substances Act

Use the scenario below to answer the free response questions that follow.
Attorney General Jeff Sessions suggested in a press conference on Wednesday that the Department of Justice is
looking at changing Obama-era policies that allowed states to decide what to do about marijuana despite the
drug remaining illegal under the Controlled Substances Act of 1970…This could have a huge impact on the 6
states and D.C. which will have legalized marijuana by January, 2018. Places that have already legalized
marijuana and have seen the marijuana industry boom in their states could face particularly tricky legal
situations…[Jeff Sessions said during the press conference,] “In fact, we’re looking at [changing out
interpretation of the Controlled Substances Act] very hard right now, we had a meeting yesterday and talked
about it at some length. It’s my view that the use of marijuana is detrimental, and we should not give
encouragement in any way to it, and it represents a federal violation, which is in the law and is subject to being
enforced.”
Source: Sessions Hints at a Federal Crackdown on Marijuana, Axios, 2017

Use Documents A and C to answer the following questions.

1. Describe the specific bureaucratic power being exercised in the scenario.

The bureaucratic power being exercised in this scenario is controlled substances act. This is to allow states to
decide what to do about marijuana despite the drug remaining illegal under controlled substances. This can have a
huge impact on states that have legalized marijuana.

2.Describe ONE advantage and ONE disadvantage of the exercise of bureaucratic power described in the scenario.

One advantage of the FCC's exercise of bureaucratic power through rule-making is to allow policy adaptability .
The FFC interpret existing laws and modify regulations and align with its view of current market conditions. One
disadvantage of the exercise of bureaucratic power described is the potential for unequal representation of
interests.
3. Explain how the President could limit the exercise of bureaucratic power described in the scenario.

The president could limit the exercise of bureaucratic power by appointing and removing leadership. By appointing
commissioners who align with administration policy priorities, the president can influence the FCC's decisions,
including rule making.
Exit Ticket

Use the scenario below to answer the free response questions that follow.

The Department of Justice announced that it has submitted to the Federal Register the “Frame or Receiver”
regulation, which modernizes the definition of a firearm. Once implemented, this regulation will clarify that
parts kits that are readily convertible to firearms are subject to the same regulations as traditional firearms.
These regulatory updates will help curb the proliferation of “ghost guns,” which are often assembled from
kits, do not contain serial numbers, and are sold without background checks, making them difficult to trace
and easy to acquire by criminals.

“One year ago, the Department committed to address the proliferation of ghost guns used in violent
crimes,” said Attorney General Merrick B. Garland. “This will make it harder for criminals and other
prohibited persons to obtain untraceable guns, will help ensure that law enforcement officers can retrieve
the information they need to solve crimes, and will help reduce the number of untraceable firearms
flooding our communities. I commend all our colleagues at the ATF who have worked tirelessly over the
past 12 months to get this important rule finalized, and to do it in a way that respects the rights of law-
abiding Americans.”
Source: The Department of Justice, April 2022

After reading the scenario, respond to A, B, and C below:

A. Describe the specific bureaucratic power being exercised in the scenario.

B. Explain how Congress could limit the exercise of bureaucratic power described in the scenario.

C. Explain how the President could limit the exercise of bureaucratic power described in the scenario.