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Course: US government and civics > Unit 2
Lesson 12: The bureaucracy: authority and accountabilityDiscretionary and rule making authority: lesson overview
A high-level overview of what the bureaucracy can do.
The federal bureaucracy has a lot of independence when it comes to carrying out laws and executive orders.
Key terms
| Term | Definition |
|---|---|
| bureaucracy | An administrative group of nonelected officials charged with implementing policies created by the other branches of government. |
| discretionary authority | An agency’s ability to decide whether or not to take certain courses of action when implementing existing laws. |
| rulemaking authority | 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. |
Key bureaucratic agencies to know
| Agency | Description of responsibilities |
|---|---|
| Department of Education | Administering educational policies to the states and promoting research on education. |
| Department of Homeland Security | Protecting the United States from terrorist attacks, controlling borders, and minimizing damage from natural disasters. |
| Department of Transportation | Managing highways, rails, and air travel. |
| Department of Veterans Affairs | Promoting the welfare of armed services veterans and managing VA hospitals. |
| Environmental Protection Agency | Protecting human health and the environment by developing and enforcing regulations. |
| Federal Elections Commission | Administering and enforcing the federal campaign finance law. |
| Securities and Exchange Commission | Regulating the stock market and protecting investors from fraud. |
Key takeaways
Powers of the federal bureaucracy to implement policy — After the president signs a bill into law or issues an executive order, the federal bureaucracy is responsible for implementing that policy. 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.
This authority enhances the power of the federal bureaucracy, giving it considerable jurisdiction over the implementation of government policies.
Review questions
How does discretionary authority promote bureaucratic independence?
Why do federal agencies have discretionary authority?
How does rulemaking authority increase the power of the bureaucracy?
Want to join the conversation?
What would be examples of Discretionary authority?(9 votes)
Cops being allowed to either give someone a ticket for speeding or a warning for speeding. The cop can do either because they are allowed by law.(34 votes)
What would be examples of Discretionary authority?(3 votes)
Cops being allowed to either give someone a ticket for speeding or a warning for speeding. The cop can do either because they are allowed by law.(2 votes)
- Why does the federal bureaucracy have discretionary authority? Does this play into the system being largely bipartisan?(2 votes)
1. How does discretionary authority promote bureaucratic independence?
Discretionary authority promotes bureaucratic independence by allowing the bureaucracy to make their own judgements by their own knowledge rather than simply reenacting everything the President tells them to do.2. Why do federal agencies have discretionary authority?
Federal agencies aren't given any constitutional authority so any power they have is delegated. They also are given directives (such as an executive issue or passed law) to enforce, but they aren't given instructions on how to follow through with their directives, which is where discretion comes in. Entrusting some of the work to experts who are the heads of the departments also takes some work of the President because they usually aren't experts on all of the subjects of each department too.3. How does rulemaking authority increase the power of the bureaucracy?
Rulemaking authority increases the power of the bureaucracy because they get to set limits on state organizations and other institutions however they see fit so they have power over these people.(1 vote)