Ms. Shea AP Government

Bureaucracy FRQ

  1. The federal bureaucracy may be described in two seemingly contradictory ways. From one point of view, bureaucrats exist to carry out policy decisions made by Congress. From another point of view, they exercise a great deal of discretionary authority.
  2. Identify two types of authority that Congress has over the bureaucracy, and explain how each type restricts the power of the bureaucracy.
  3. Define discretionary authority, and give two specific examples of how bureaucrats use it to expand their power in political decision making.

Ms. Shea AP Government

Bureaucracy FRQ

  1. The federal bureaucracy may be described in two seemingly contradictory ways. From one point of view, bureaucrats exist to carry out policy decisions made by Congress. From another point of view, they exercise a great deal of discretionary authority.
  1. Identify two types of authority that Congress has over the bureaucracy, and explain how each type restricts the power of the bureaucracy.
  2. Define discretionary authority, and give two specific examples of how bureaucrats use it to expand their power in political decision making.

Bureaucracy FRQ

Read the bureaucracy chapter in your multiple choice book (pp.141-153) Complete multiple choice questions #45-69 and answer the following FRQ. Due November 19, 2009. 7 point rubric

  1. The federal bureaucracy may be described in two seemingly contradictory ways. From one point of view, bureaucrats exist to carry out policy decisions made by Congress. From another point of view, they exercise a great deal of discretionary authority.
  1. Identify two types of authority that Congress has over the bureaucracy, and explain how each type restricts the power of the bureaucracy.
  2. Define discretionary authority, and give two specific examples of how bureaucrats use it to expand their power in political decision making.

A.  Congressional checks on the bureaucracy:

  1. “a government bureau cannot hire, fire, build or sell without going through procedures set by Congress, often through law” (MC-148)
  2. Existence: No agency may exist without the approval of Congress
  3. Funding: agencies can’t spend money without permission from Congress
  4. Congress passes authorization legislation (states maximum $ that an agency may spend on a given program)
  5. Appropriationsàcongress has to appropriate the funds before they can be spent( appropriations usually less than what was authorized)
  6. Duplication: Congress separates out tasks for multiple agencies; example drug traffickingàcustoms, FBI, DEA so no one agency can have too much power/influence

e.  Hearings/Investigations: keep agencies in check by publicly questioning them; designed to ensure freedom of certain agencies from effective control of president; idea that agency heads can operate independently from president

  1. Rewriting Legislation: can rewrite legislation that authorizes existence of agency to expand or curtail power, the more detailed the instructions the better able Congress is to control it
  2. Informally: congressperson can call agency head; can review and approve certain agency decisions in advance without passing a law, not legally binding but few would ignore this

B.  Discretionary Authority: source of bureaucratic power; idea that because bureaucrats implement the law, they fill in the details and by filling in the details, they create policy àlaws that congress passes are sometimes ambiguous

  1. Ability of bureaucrats to “make policies and choose actions that are not spelled out in advance by laws”
  2. Example 1àimplementation: Congress passes healthcare reform act and creates broad guidelines for regulating insurance companies; the Dept. of Health and Human Services is responsible for developing guidelines of how specifically the insurance industry would be regulated
  3. Example 2àregulation:Congress passes the general law, the dept./agency actually sets the guidelines/writes the specific regulation; automobile industry, tire regulations; securities and exchange commission“As regulators, agencies first receive a grant of power from Congress to sketch out the means of executing broad policy decisions. Next, the agency develops a set of guidelines to govern an industry, usually in consultation with people who work in those industries. Next the agency must apply and enforce its rules and guidelines, often through its own administrative procedures, but sometimes in court”