BUREAUCRACY: Discretionary & Rule Making Authority [AP Gov Review Unit 2 Topic 13 (2.13)]
Summary
TLDRIn this video, Heimlich explains how the federal bureaucracy carries out the will of the executive branch. He details how bureaucratic agencies use delegated discretionary authority for rulemaking and implementing laws passed by Congress. The video highlights how bureaucratic agencies, like the Environmental Protection Agency and the Internal Revenue Service, create specific rules to enforce laws such as the Clean Air Act and income taxes. Heimlich also covers the roles of key agencies like Homeland Security, Transportation, and the Federal Elections Commission, making complex concepts easy to understand.
Takeaways
- 😀 The federal bureaucracy carries out the will of the executive branch by implementing laws passed by Congress.
- 📜 The federal bureaucracy consists of millions of people working in agencies and departments under the executive branch.
- 👤 The president is responsible for executing laws, but the bureaucracy handles the detailed implementation across the nation.
- ⚖️ Bureaucratic agencies use delegated discretionary authority to create specific rules for law enforcement, as they are experts in their fields.
- 🏛️ Congress passes broad laws like the Clean Air Act, while agencies like the EPA determine specific regulations and methods for enforcement.
- 🧑💼 Rule-making authority allows bureaucratic agencies to establish detailed rules for law implementation, such as the IRS setting tax deadlines and methods of payment.
- 🌍 Examples of bureaucratic departments include the Department of Homeland Security (border control), the EPA (environmental regulations), and the Department of Education (federal educational standards).
- 📅 The IRS determines that taxes are due on April 15th and defines the acceptable forms of tax payment.
- 💼 Various departments like the SEC (securities) and FEC (elections) enforce laws related to finance, stock market fraud, and campaign regulations.
- 🏅 Bureaucratic agencies play a crucial role in implementing and enforcing laws across various sectors, from veteran affairs to transportation safety.
Q & A
What is the federal bureaucracy, and what role does it play in the government?
-The federal bureaucracy consists of millions of people who work in agencies and departments under the executive branch. Its role is to carry out and enforce the laws passed by Congress, as the president alone cannot ensure nationwide compliance.
How does the federal bureaucracy relate to the executive branch?
-The bureaucracy operates under the executive branch, which is responsible for executing the laws. While the president is the head of this branch, it is the bureaucracy that handles the detailed tasks of rule-making and implementation.
What is 'delegated discretionary authority' in the context of the federal bureaucracy?
-Delegated discretionary authority refers to the power given to bureaucratic agencies to decide how to implement and enforce laws. Since these agencies are filled with experts in specific fields, they have discretion in making specific rules to ensure the laws are carried out effectively.
Can you explain the analogy of the child tasked with enforcing a parent's directive?
-The analogy compares the federal bureaucracy to a child left in charge by their parents. The child is given a directive (to ensure their sibling cleans their room) but has the discretion to decide the details, such as when and how the room is cleaned. Similarly, the bureaucracy is tasked with implementing laws, but it has the discretion to determine the details.
Why is rule-making authority important for the federal bureaucracy?
-Rule-making authority allows bureaucratic agencies to create specific, concrete rules for how laws will be enforced. This is important because laws passed by Congress are often vague, and the bureaucracy needs to fill in the details for effective implementation.
What is an example of a law passed by Congress that requires bureaucratic rule-making for implementation?
-The Clean Air Act is an example. Congress passes the law to regulate air pollution, but the Environmental Protection Agency (EPA) makes the specific rules on how businesses must change their practices to comply with the law.
How does the IRS implement the 16th Amendment, which allows the collection of income taxes?
-The IRS creates the rules for how income taxes are collected. It decides when taxes are due (April 15), how they can be paid (e.g., online or by mail), and handles the logistics of tax collection, translating the general law into actionable steps.
What are some examples of federal agencies and their discretionary authority?
-Examples include the Department of Homeland Security (controls immigration rules), the Department of Transportation (regulates working hours for flight attendants), the Department of Veterans Affairs (manages veterans' hospitals), and the Environmental Protection Agency (sets pollution control standards).
What is the role of the Securities and Exchange Commission (SEC) in the federal bureaucracy?
-The SEC regulates the stock market and enforces rules to prevent fraud. It oversees activities such as insider trading and ensures the fair operation of the stock market to protect investors.
Why does Congress rely on bureaucratic agencies to enforce laws instead of handling it directly?
-Congress relies on bureaucratic agencies because it often lacks the specialized knowledge required to implement complex laws. Agencies like the EPA or IRS are staffed with experts in specific fields who can create detailed rules and regulations for effective enforcement.
Outlines
👋 Welcome to Heimlich's History and Bureaucracy Overview
In this introduction, the speaker welcomes viewers to the Heimlich's History series and recaps their discussion of the federal bureaucracy in the context of AP Government curriculum. The video aims to explain how the federal bureaucracy uses delegated discretionary authority for rulemaking and implementation, simplifying the concept for students.
🏛️ Role of the Federal Bureaucracy in Law Enforcement
The speaker explains the federal bureaucracy's function, which involves executing laws passed by Congress. While the president is constitutionally responsible for enforcing the law, the bureaucracy's agencies and departments carry out the day-to-day enforcement across the country. The president relies on these agencies to ensure compliance with laws, as they can create detailed regulations to implement broad directives.
👩💼 The Bureaucracy’s Discretionary Authority
An analogy is used to describe the bureaucracy's role: just as an older sibling is given the responsibility of ensuring their younger sibling cleans their room, the bureaucracy interprets and enforces vague directives from Congress. For example, after Congress passes a law like the Clean Air Act, it is up to experts in agencies like the EPA to create specific rules and regulations for businesses to follow. This is called delegated discretionary authority.
📜 Delegated Discretionary Authority Explained
The speaker elaborates on delegated discretionary authority, explaining that bureaucratic agencies have no inherent constitutional power. Instead, they are granted the authority to create rules and regulations by Congress, drawing on their expertise in various fields. This authority also includes rule-making powers, where agencies establish specific procedures for enforcing laws.
💸 Income Tax Law and the IRS
The video provides an example of bureaucratic rule-making through the IRS. The 16th Amendment established the income tax, but it is the IRS, a bureaucratic agency, that makes rules about how taxes are collected. The IRS determines deadlines like April 15th, payment methods, and other details necessary to implement the law. The example highlights how broad laws rely on bureaucratic agencies to handle practical enforcement.
🔐 Key Bureaucratic Agencies and Their Powers
The speaker introduces seven key federal bureaucratic agencies that exercise discretionary authority. These include the Department of Homeland Security, Department of Transportation, Department of Veteran Affairs, Department of Education, the Environmental Protection Agency, the Federal Elections Commission, and the Securities and Exchange Commission. Each agency is given examples of how they exercise rule-making powers and enforce laws within their respective domains, such as border control, transportation regulations, and environmental protection.
🔍 The Importance of the SEC and Campaign Finance Laws
The Securities and Exchange Commission (SEC) and its role in regulating the stock market is highlighted, especially regarding rules that prevent fraud like insider trading. The Federal Elections Commission (FEC) is also mentioned for its role in enforcing campaign finance laws, ensuring that candidates follow rules regarding fundraising and spending. The video concludes with an invitation for viewers to engage further with the content by reviewing a study packet or subscribing to the channel.
Mindmap
Keywords
💡Federal Bureaucracy
💡Delegated Discretionary Authority
💡Executive Branch
💡Congress
💡Environmental Protection Agency (EPA)
💡Rulemaking Authority
💡Internal Revenue Service (IRS)
💡Clean Air Act
💡16th Amendment
💡Securities and Exchange Commission (SEC)
Highlights
Introduction to the federal bureaucracy and its role in executing the will of the executive branch.
Explanation of how the federal bureaucracy uses delegated discretionary authority for rulemaking and implementation.
Definition of the federal bureaucracy as the millions of people working for agencies under the executive branch.
Congress passes laws, the Supreme Court interprets laws, and the executive branch, with the help of the bureaucracy, ensures their enforcement.
Analogy: Comparing the bureaucracy’s role to that of an older sibling ensuring their younger brother cleans his room following parental instructions.
Explanation of how bureaucratic agencies make specific rules to enforce broad laws, using the Clean Air Act as an example.
Clarification of the term 'delegated discretionary authority,' referring to the power given to bureaucratic agencies to enforce laws.
Rule-making authority of bureaucratic agencies, which allows them to create specific regulations for how laws will be enforced.
Example of the IRS’s role in implementing the 16th Amendment’s income tax, including setting tax deadlines and payment methods.
List of seven specific bureaucratic agencies, starting with the Department of Homeland Security, and their discretionary authority.
Department of Transportation’s rules governing flight attendants’ working hours and rest periods.
Department of Veterans Affairs managing veterans’ welfare, including rules on hospitals, education, and home loans.
Department of Education’s role in managing federal educational standards and the distribution of federal grants.
Environmental Protection Agency’s responsibility for regulating pollution, using the example of nuclear waste management.
Securities and Exchange Commission’s regulation of the stock market and prevention of insider trading.
Transcripts
well hey there and welcome back to
heimlich's history now we've been going
through unit 2 of the ap government
curriculum and more specifically we've
started talking about the federal
bureaucracy so in this video we're going
to see exactly how the federal
bureaucracy carries out the will of the
executive branch so if you're ready to
get them brain cows milked let's get to
it so in this video here's what we're
trying to do explain how the federal
bureaucracy uses delegated discretionary
authority for rulemaking and
implementation okay a lot of big hairy
words in there but let me just explain
it up real nice for you first let me
remind you what the federal bureaucracy
is the federal bureaucracy is made up of
the couple million people who work for
all the agencies and departments that
fall under the authority of the
executive branch remember that the
executive branch of the federal
government is there to execute the laws
congress passes the laws the supreme
court interprets the laws but it's the
job of the executive branch to make sure
people like you and me are actually
abiding by those laws now the figure
head of the executive branch is of
course the president and
constitutionally it's the president
who's responsible for executing the law
but one president can possibly go
everywhere in the nation to make sure
that we're paying our taxes on time or
keeping air pollution within the legal
limits so if one guy can't do that how
does the law get executed on the nose
the bureaucracy does it and as i
mentioned in the last video there are
butt loads of bureaucratic departments
and agencies whose job it is to make the
finer more concrete rules and
regulations to enforce the law if that
doesn't make sense to you think about it
like this suppose your parents decide to
go out for a night and they leave you in
charge of your little brother and before
they leave they say your brother has to
clean his room while we're gone and you
are responsible for making sure that he
does it and then they leave so you're
left with a directive and the outcome is
clear but the details are vague like
does he need to clean his room first
before he does anything else can he play
video games first and then clean his
room how clean does the room have to be
in order to satisfy the parents requests
and on and on all of those details are
left up to you just as long as in the
end the room is clean so you see your
little brother down you tell him that
mom and dad said he has to clean his
room like you can play video games for
30 minutes then you have to pick up all
your clothes vacuum the floor and make
your bed and then you can do whatever
you want that's essentially what the
bureaucracy does so congress passes a
law like the clean air act which says in
pretty vague terms that businesses need
to change the way they operate in order
to keep the air clean from pollutants
but the thing is the folks in congress
aren't biologists they're not
climatologists they're not whatever they
don't know anything about the mechanics
of pollution and how it's produced and
what concrete strategies need to be
implemented to clean up factory
emissions but you know who does know
that stuff the environmental protection
agency which is a bureaucratic agency
stuffed with environmental experts so
the parents say don't pollute as much
and they leave the epa to make the
specific and concrete rules for how that
is actually going to become a reality
okay i've said a lot of words to
describe to you the kind of power the
bureaucracy has and the term for that is
delegated discretionary authority the
bureaucratic agencies really have no
constitutional authority of their own so
the power that they have is delegated to
them to enforce the law and since these
agencies are filled with experts in the
given field they have discretion to
decide exactly how and when to implement
the law additionally the bureaucracy has
rule-making authority which again means
they're the ones who make the specific
rules for how the law will be carried
out so let me give you an example the
16th amendment which is ratified in 1913
establishes the income tax and here's
how it reads the congress shall have
power to lay and collect taxes on
incomes from whatever source derived
without apportionment among the several
states and without regard to any census
or enumeration you know what that's
pretty basic it just says people guts to
pay taxes on their income okay how is
that actually going to happen well
that's where a bureaucratic agency
called the internal revenue service
steps in the irs is the one who makes
all the rules for how taxes are going to
be collected it's the irs who said that
taxes are due april 15th it's the irs
who decides how we pay those taxes can
we pay in cash can we pay online can we
pay with a stack of ham sandwiches equal
to the value of our withholdings all of
those are rules created by the irs in
order to implement the very broad law
that we must pay our income taxes just
in case you were wondering you cannot in
fact pay your taxes with a ham sandwich
okay i hope all of that makes sense now
the ap overlords don't just want you to
know how bureaucratic departments and
agencies and commissions work they also
want you to know the following seven
examples along with examples of their
discretionary authority first is the
department of homeland security which
exists to protect americans from
terrorism and to maintain control of our
borders they have rules for example over
which immigrants are admitted and which
are not and which can seek asylum within
the borders of the united states second
is the department of transportation
which manages all kinds of
transportation like highway and air
travel they have rules for example
governing how many hours a flight
attendant can work and how much rest
they need before starting another shift
third is the department of veteran
affairs which exists to manage the
general welfare of our nation's veterans
they have rules about the creation of
veterans hospitals and how they're
staffed and they have rules about
education and home loans going to
veterans fourth is the department of
education which manages states and their
implementation of federal educational
standards they make rules about among
many other things how schools receive
federal grants and what qualifications
are necessary to receive them fifth is
the environmental protection agency
which exists to protect the environment
and human health through environmental
regulations the reason a nuclear power
plant can't just dump all their nuclear
waste into our rivers is because of the
rules and regulations established by the
epa sixth is the federal elections
commission which administers and
enforces campaign finance laws they have
rules regarding how a person becomes an
official political candidate and rules
about how much money they can raise and
from whom and what they can do with it
etc and finally you need to know the
securities and exchange commission which
regulates the stock market and prevents
fraud if you've ever heard of anyone
getting in trouble because they sold a
bunch of stocks one day and then the
next day the company tanked which would
be an example of insider trading then
that means they broke one of the sec's
rules against this kind of thing okay if
you need more help getting an a in your
class and a five on your exam then click
right here in the review packet and if
you were helped by this video and you
want me to keep making them by all means
subscribe and i shall oblige heimler out
Browse More Related Video
Holding the BUREAUCRACY Accountable [AP Gov Review Unit 2 Topics 14-15 (2.14-15)]
Forestry and Rangelands
How I get quality SEO clients with cold email 2024
WHY ARE THERE SO MANY TYPES OF LAW ENFORCEMENT? (FEDERAL, STATE, AND LOCAL POLICE EXPLAINED)
Chairman Peters' Questions: Streamlining the Federal Cybersecurity Regulatory Process
The Federal BUREAUCRACY [AP Gov Review Unit 2 Topic 12 (2.12)]
5.0 / 5 (0 votes)