 This is a graded discussion 30 points possibledue -.docx

This is a graded discussion: 30 points possible
due -
Discussion 4 (Complete by
Sunday, Dec. 4)
13 13
This discussion aligns with Learning Outcomes 1–5.
Direction
The doctrine of separation of powers is integral to America’s
system of
governance. To this end, many have pointed to the growth of the
federal
bureaucracy as a direct affront to this constitutional provision,
as agencies
in the bureaucracy make and execute laws, as well as issue
rulings in the
same way that the three branches of government do within their
respective
spheres of influence. To this end, the federal bureaucracy has
been deemed

an unaccountable, fourth branch of government. With this in
mind,
Select one of the bureaucratic agencies (cabinet departments or
independent agency/regulatory boards and commissions) from
Official
US Executive Branch Web Sites
(https://www.loc.gov/rr/news/fedgov.html) .
Next, identify the function of your chosen agency. Does it
function
include executive, legislative, or judicial powers.
12/2/22, 9:39 PM
Page 1 of 19
Search entries or author
Finally, make an assessment of your selected agency: Does its
function
violate the doctrine of the separation of powers. Why or why
not?
Be sure to properly cite your sources from the reading as well
as any others
used. Sources should cited using APA 6 edition style and
format.

Submission
Our discussions are a valuable opportunity to have thoughtful
conversations
regarding a specific topic. You are required to provide a
comprehensive
initial post with 3-4 well-developed paragraphs that include a
topic
sentence and at least 3-5 supporting sentences with additional
details,
explanations, and examples. In addition, you are required to
respond
substantively to the initial posts of at least two other classmates
on two
different days. All posts should be reflective and well written,
meaning free
of errors in grammar, sentence structure, and other mechanics.
Grading
This discussion is worth 30 points toward your final grade and
will be
graded using the Discussion Rubric. Please use it as a guide
toward
successful completion of this discussion. For information on
how to view the

rubric, refer to this Canvas Community Guide
(https://community.canvaslms.com/docs/DOC-10577-
4212540120) .
th
12/2/22, 9:39 PM
Page 2 of 19
(https://canvas.fscj.edu/courses/65283/users/135004)
Sarkis Boyajian
Saturday
I’ve decided to assess the Federal Bureau of Investigation, also
known
as the FBI. The FBI is an intelligence-driven and threat-focused
national
security organization with both intelligence and law
enforcement
responsibilities. It is the principal investigative arm of the U.S.

Department of Justice (1). Its mission is to protect America and
uphold
the Constitution (2). Its primary investigative functions are
divided into
programs such as domestic and international terrorism, foreign
counterintelligence, and cybercrime, to name a few. The FBI’s
investigative authority is the broadest of all federal law
enforcement
agencies (3).
The FBI’s functions include executive power. Although it is not
a national
police force, it is one of many federal agencies with law
enforcement
responsibilities (4). It has the power to arrest citizens during an
investigation. Those arrestees are taken into custody,
photographed,
fingerprinted, and held until an initial court appearance (5). FBI
agents
may use deadly force if they have a reasonable belief that
someone
poses an imminent danger of death or serious physical injury to
the

agent or another person (6). The FBI is a member of the
Executive
Branch of the U.S. Government and possess the executive power
it needs
to carry out and enforce the law.
12/2/22, 9:39 PM
Page 3 of 19
The FBI is subject to separation of powers. Even if a crime
violates
federal law, State and local law enforcement agencies are not
subordinate to the FBI, and the FBI does not supervise or take
over their
investigations (7). Congress—through several oversight
committees in
the Senate and House—reviews the FBI’s budget appropriations,
programs, and selected investigations. The results of FBI
investigations
are often reviewed by the judicial system during court
proceedings. The
FBI’s activities are closely and regularly scrutinized by a
variety of
entities (8).

Although the FBI is subject to separation of powers, there isn’t
much
citizen oversight. Citizens cannot obtain information about
current FBI
investigations. That information is protected from public
disclosure by
law or FBI policy (9). The FBI does not provide copies of
identification
records or criminal history records to individuals other than the
subject
of the record (10). The distribution of FBI fugitive material is
limited to
authorized law enforcement and government agencies and to
legitimate
media and public entities where a direct law enforcement
purpose is
served (11). Although the FBI deals with sensitive material,
active
investigations, and individuals that are innocent until proven
guilty, there
is little to no citizen oversight of this bureau that has some of
the
broadest authority of all federal law enforcement agencies.

References:
1. What is the FBI? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/what-is-the-fbi
(https://www.fbi.gov/about/faqs/what-is-the-fbi)
2. What is the mission of the FBI? (2022). Retrieved from
fbi.gov:
https://www.fbi.gov/about/faqs/what-is-the-mission-of-the-fbi
(https://www.fbi.gov/about/faqs/what-is-the-mission-of-the-fbi)
3. What are the primary investigative functions of the FBI?
(2022).
Retrieved from fbi.gov: https://www.fbi.gov/about/faqs/what-
are-
12/2/22, 9:39 PM
Page 4 of 19
Retrieved from fbi.gov: https://www.fbi.gov/about/faqs/what-
are-
the-primary-investigative-functions-of-the-fbi
(https://www.fbi.gov/about/faqs/what-are-the-primary-
investigative-
functions-of-the-fbi)

4. Is the FBI a type of national police force? (2022). Retrieved
from
fbi.gov: https://www.fbi.gov/about/faqs/is-the-fbi-a-type-of-
national-police-force (https://www.fbi.gov/about/faqs/is-the-
fbi-a-
type-of-national-police-force)
5. What does the FBI do with persons it arrests in the course of
an
investigation? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/what-does-the-fbi-do-with-
persons-it-arrests-in-the-course-of-an-investigation
(https://www.fbi.gov/about/faqs/what-does-the-fbi-do-with-
persons-it-
arrests-in-the-course-of-an-investigation)
6. What is the FBI’s policy on the use of deadly force by its
special
agents? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/what-is-the-fbis-policy-on-the-
use-of-deadly-force-by-its-special-agents
(https://www.fbi.gov/about/faqs/what-is-the-fbis-policy-on-the-
use-of-

deadly-force-by-its-special-agents)
7. If a crime is committed that is a violation of local, state, and
federal
laws, does the FBI “take over” the investigation? (2022).
Retrieved
from fbi.gov: https://www.fbi.gov/about/faqs/if-a-crime-is-
committed-that-is-a-violation-of-local-state-and-federal-laws-
does-the-fbi-take-over-the-investigation
(https://www.fbi.gov/about/faqs/if-a-crime-is-committed-that-
is-a-
violation-of-local-state-and-federal-laws-does-the-fbi-take-
over-the-
investigation)
8. Who monitors or oversees the FBI? (2022). Retrieved from
fbi.gov:
https://www.fbi.gov/about/faqs/who-monitors-or-oversees-the-
fbi
(https://www.fbi.gov/about/faqs/who-monitors-or-oversees-the-
fbi)
9. Can I obtain detailed information about a current FBI
investigation
12/2/22, 9:39 PM
Page 5 of 19

that I see in the news? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/can-i-obtain-detailed-
information-about-a-current-fbi-investigation-that-i-see-in-the-
news (https://www.fbi.gov/about/faqs/can-i-obtain-detailed-
information-about-a-current-fbi-investigation-that-i-see-in-the-
news)
10. Does the FBI provide arrest records at the request of private
citizens?
(2022). Retrieved from: https://www.fbi.gov/about/faqs/does-
the-
fbi-provide-arrest-records-at-the-request-of-private-citizens
(https://www.fbi.gov/about/faqs/does-the-fbi-provide-arrest-
records-at-
the-request-of-private-citizens)
Amanda Kimball
Wednesday

Hi Sarkis. Your post was very thorough and informative. I have
not
dug into other federal organizations too much but I feel as
though l
am seeing a pattern in where there is less citizen oversight of an
organization exists, there is more "gray" in adherence to the
separation of powers doctrine.
Christine Hansen
12/2/22, 9:39 PM
Page 6 of 19
Wednesday
Good post, Sarkis. You did a great job of researching this.
Dr. Hansen

Rosita Yaworskir
Tuesday
The Federal Bureau of Investigation (FBI) does not make laws
but they
do get to interpret laws and execute the enforcement of laws.
The
interpretation of laws is essentially the same as making laws
because
they have the ability to interpret the law in a way to provides
them a
justification of finding a means to their selecting end.
The FBI functions in the executive branch and therefore their
function is
executive. However, as mentioned previously, they have the
ability to
interpret laws in a wide variety of ways that provides them an
extraordinary power of enforcement. They also get to encroach
on the
judicial powers in limited circumstances through the Patriot
Act. The

Patriot Act provides the FBI with the ability to execute
expanded records
searches beyond normal limits of the law, “Secret
searches…expands the
government's ability to search private property without notice to
the
owner. (Section 213)” (ACLU, n.d.), “Intelligence searches. It
expands a
narrow exception to the Fourth Amendment that had been
created for the
collection of foreign intelligence information (Section 218)”
(ACLU, n.d.),
12/2/22, 9:39 PM
Page 7 of 19
collection of foreign intelligence information (Section 218)”
(ACLU, n.d.),
and “"Trap and trace" searches. It expands another Fourth
Amendment
exception for spying that collects "addressing" information
about the
origin and destination of communications, as opposed to the
content

(Section 214)” (ACLU, n.d.). These expanded abilities help the
FBI in
their continuing assault on American Constitutional rights. The
FBI only
needs to fit their “target” into the mold provided above in order
to begin
violating citizen rights.
The ACLU explains the danger of these expanded powers by
writing, “The
FBI does not even have to show a reasonable suspicion that the
records
are related to criminal activity, much less the requirement for
"probable
cause" that is listed in the Fourth Amendment to the
Constitution. All the
government needs to do is make the broad assertion that the
request is
related to an ongoing terrorism or foreign intelligence
investigation”
(n.d.).
Finally, the FBI essentially eliminates the Judicial branch with
these
expanded powers. The ACLU explains, “Judicial oversight of
these new

powers is essentially non-existent. The government must only
certify to a
judge - with no need for evidence or proof - that such a search
meets the
statute's broad criteria, and the judge does not even have the
authority to
reject the application” (n.d.). The provision of separation of
powers is
being constantly assaulted and the FBI is just one of the
criminal
elements happily violating constitutional rights by abusing their
expanded powers.
References
Surveillance under the USA/Patriot Act. American Civil
Liberties Union.
(n.d.). Retrieved November 29, 2022, from
https://www.aclu.org/other/surveillance-under-usapatriot-act
12/2/22, 9:39 PM
Page 8 of 19

Sarkis Boyajian
Wednesday
12/2/22, 9:39 PM
Page 9 of 19
It’s an interesting perspective that the FBI need only “fit their
target
into a mold” to exercise extreme powers. I found the FBIs
explanation of their ability to install wiretaps similar in nature
to your
examples. For example, their site says “It is used infrequently
and
only to combat terrorism and the most serious crimes.” (1). So
when
they say terrorism, that’s easily considered threats from abroad.
But
what about the newly coined terminology of domestic terrorism
often

applied to the January 6 protests? I don’t condone trespassing
federal buildings but what about everybody else that was there
that
observed the law? Are they subject to wire taps now? The FBI’s
website also says “After determining if a sufficient showing of
probable cause has been made, impartial federal judges approve
or
disapprove wiretaps.” (1). Impartial federal judges making
determinations on criminal probable cause? Ha! Again, seems
like a
condition that could be easily manipulated.
Reference:
1. Are FBI special agents permitted to install wiretaps at their
own
discretion? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/are-fbi-special-agents-
permitted-to-install-wiretaps-at-their-own-discretion
(https://www.fbi.gov/about/faqs/are-fbi-special-agents-
permitted-to-
install-wiretaps-at-their-own-discretion)

th
Christine Hansen
Yesterday
12/2/22, 9:39 PM
Page 10 of 19
Well done, Rosita. Ultimately, the public can hold the FBI
accountable
for conducting operations that are compatible with
constitutional
rights. It's not correct to say that they can just search anyone's
property without notice. There would have to be a clearly-
established
legal basis that could be argued successfully before a judge.
Dr. Hansen
Joseph Lewis

Tuesday
The Department of Defense (DoD) is one of the nation’s
largest employers, with
approximately 1.4 million Active Component, 836,000
Selected Reserve and
245,000 Individual Ready Reserve forces; and 735,000
appropriated and 126,000 non-
appropriated civilian employees. Our military service members
and civilians operate in
every time zone and in every climate, and more than 450,000 of
our employees serve
overseas. As one of the nation’s largest health-care providers,
the DoD cares for almost
9.5 million beneficiaries. DoD executes a multibillion dollar
global supply chain,
manages a five million item inventory, and operates with a $500
billion dollar budget. The
DoD’s real property infrastructure includes over 561,975
facilities located on 4,800 sites
worldwide. These sites represent nearly 25 million acres; sized
from the training ranges of
nearly 3 million acres, such as Nellis Air Force
Agencies establish a variety of organizational goals to drive
progress toward key
outcomes for the American people. Long-term strategic goals
articulate clear statements
of what the agency wants to achieve to advance its mission and
address relevant national
problems, needs, challenges and opportunities. Strategic
objectives define the outcome or

12/2/22, 9:39 PM
Page 11 of 19
problems, needs, challenges and opportunities. Strategic
objectives define the outcome or
management impact the agency is trying to achieve, and also
include the agency's role.
Each strategic objective is tracked through a suite of
performance goals, indicators and
other evidence.
The President, as Commander-in-Chief of the armed forces, is
the senior military
authority in the nation ultimately responsible for the protection
of the U.S. from all
enemies, foreign and domestic. We report to our Commander-in-
Chief and execute the
directions of the administration elected to serve the nation. The
U.S. Congress is our
Board of Directors as part of the Constitution’s system of
checks and balances. We further
have responsibility to our armed forces who risk their well-
being for the nation. The
American people are our citizen stockholders we exist to
protect. In developing the
DoD Agency Strategic Plan, periodic consultations have
included solicitation and
consideration of views and suggestions with our interested
stakeholders.
Department of Defense (DOD). Performance.gov. (n.d.).

Retrieved
November 29, 2022, from
https://obamaadministration.archives.performance.gov/agency/d
epa
rtment-defense.html
Sarkis Boyajian
Wednesday
The Department of Defense doesn’t seem to holistically violate
separation of powers. At least in theory. However, in practice, it
seems to happen. For example, the assessments already made on
one of the DOD’s departments, the FBI. Another example might
be
12/2/22, 9:39 PM
Page 12 of 19
the DOD’s departure from Afghanistan. We left 7 billion dollars
of
military equipment in that country (1). Does the DOD have the

power
to give away a) that kind of military capability to a foreign
nation, or
b) that amount of money to another country in the form of
foreign aid
without some sort of oversight? And if the DOD doesn’t have
that
power, what is their justification for their actions? Oh wait –
here it is
right on the DOD’s website, directly from them… “With
Afghanistan
Evacuation, It's Lives Over Equipment... Period, DOD
Spokesman
Says” (2). So we left the region to evacuate people (presumably
from
bad guys) and in the process gifted 7 billion dollars in military
weaponry to… the bad guys? Doesn’t make sense to me. But
was this
in fact a violation of separation of powers? I found this to be an
interesting read for my curiosities on this subject:
https://www.cfr.org/backgrounder/us-foreign-policy-powers-
congress-and-president (https://www.cfr.org/backgrounder/us-

foreign-policy-powers-congress-and-president)
Reference:
1. US left behind $7 billion of military equipment in
Afghanistan…
(2022). Retrieved from cnn.com:
https://www.cnn.com/2022/04/27/politics/afghan-weapons-
left-behind (https://www.cnn.com/2022/04/27/politics/afghan-
weapons-left-behind)
2. With Afghanistan Evacuation, It's Lives Over Equipment ...
Period,
DOD Spokesman Says. (2022). Retrieved from defense.gov:
https://www.defense.gov/News/News-
Stories/Article/Article/2747038/with-afghanistan-evacuation-
its-lives-over-equipment-period-dod-spokesman-says
(https://www.defense.gov/News/News-
Stories/Article/Article/2747038/with-afghanistan-evacuation-
its-
lives-over-equipment-period-dod-spokesman-says)
12/2/22, 9:39 PM
Page 13 of 19

Amanda Kimball
Wednesday
Sarkis, a decision to leave equipment of that value and potential
certainly seems like something that should not be left to a
single
organization. Going back to your point earlier about these
organizations having no citizen oversight, is there less
motivation
for accountability in these situations and for these decisions?
Christine Hansen
Yesterday

Well said, Joseph. I like your reference here to the "citizen
stockholders." Ultimately, the DoD and every other part of the
federal
bureaucracy works for the American people.
Dr. Hansen
12/2/22, 9:39 PM
Page 14 of 19
Amanda Kimball
Wednesday
The ATF (Bureau of Alcohol, Tobacco, Firearms and
Explosives) protects
the public from crimes involving firearms, explosives, arson,
and the
diversion of tobacco products; regulates law commerce and
firearms and
explosives; and provides worldwide support to law enforcement,
public

safety, and industry partners. It was established as a separate
component
of U.S. Department of Justice and functions as a law
enforcement agency
under the Executive Branch. Although the ATF is an
independent agency,
it partners with communities and other law enforcement and
public
safety agencies through information sharing, training, research
and use
of technology.
The power to create federal laws remains with Congress,
however,
independent agencies, such as the ATF, can control
interpretation of
federals laws and can create regulations to the extent allowed
by federal
law. Congressional control of law making adds the element of
separation
of power, therefore creating a system of checks and balances.
An
additional element of separation of powers exists on the judicial
level.

The ATF will investigate and enforce laws, however,
prosecution of
charged crimes are left with the judicial system.
While the separation of powers exist, cases have been
brought against
the ATF to argue that their “rules” violate this doctrine and are
not
enforceable under the law such as one particular case in which
Gun
Owners of America joined along with 17 U.S States to block the
ATF’s new
definition of what an “unfinished frame” and “receiver” are,
which
ultimately restricted rights by way of definition. This case is
not yet
resolved but illustrates how separation of powers can be
circumvented
12/2/22, 9:39 PM
Page 15 of 19
resolved but illustrates how separation of powers can be
circumvented

(Morehouse Enterprises, 2022).
References
Morehouse Enterprises, LLC et al v. Bureau of Alcohol,
Tobacco, Firearms
and Explosives et al. Retrieved from
https://dockets.justia.com/docket/north-
dakota/nddce/3:2022cv00116/53548
(https://dockets.justia.com/docket/north-
dakota/nddce/3:2022cv00116/53548) on 11/30/2022.
Kiyana Douglas
Yesterday
12/2/22, 9:39 PM
Page 16 of 19
The Economic Research Service's mission is to provide
"economic

research and information to inform public and private decision
making
on economic and policy issues related to agriculture, food,
natural
resources, and rural America." In addition, ERS economists
provide oral
briefings, written staff analyses, and congressionally mandated
studies
delivered directly to executive and legislative branch
policymakers and
program administrators. With it's functions, any act that is done
by
executive, legislative or Judiciary cannot violate the Doctrine of
separation of power because on each of these branches there are
other
two branches to check their acts and decisions given by them.
Due to
this, every branch has to give explanation about each and every
act and
decision.
Calvin Oglesby

6:02pm
The CIA (Central Intelligence Agency) is classified as an
"Executive
Agency" (White House), and was created in 1947 upon
President Harry S.
Truman signing the National Security Act (Office of the
Director of
National Intelligence). The predecessor to the CIA was the
Office of
Strategic Services (OSS), which became essential in gathering
intelligence and helping win WWII (Truman Library). Unlike
the FBI, the
CIA possesses no function as a law enforcement agency.
The primary function[s] of the CIA involve aspects of the
collection and
analyzing of information [intelligence], "particularly in areas
that impact
12/2/22, 9:39 PM
Page 17 of 19
analyzing of information [intelligence], "particularly in areas

that impact
[the] security of the nation". Essentially, the CIA only collects
information
regarding foreign countries and their citizens, and unlike the
FBI, the CIA
is prohibited from collecting information about U.S. citizens,
"regardless
of where they're located" (FBI); and there are many different
ways that the
CIA collects intelligence.
This CIA collection of intelligence often involves human
sources. The
CIA eventually correlates and evaluates its gathered intelligence
[data]
for appropriate dissemination and to ensure "that the most
effective use
is made of resources" (Office of the Director of National
Intelligence).
The data collected by the CIA is vital to the "economic,
military, political,
and scientific" integrity of the Nation (USAGov).
While Constitution may limit the authority and function of the
CIA

(Sepper), due to its position[s] of national importance and
international
dealings, I believe that the CIA may likely operate in a gray
area when it
comes to the doctrine of separation of powers. In general, the
CIA's
purpose is in its functions intended to operate abroad, which in
a sense
separates it (from the rule of the Constitution). While the CIA
may be
acting on behalf of the U.S., it physically isn't often conducting
its
business in the territories of the U.S., so the information
generated
'technically', may or may not be protected by the Constitution.
I think
perhaps, at times when dealing with matters of National
Security and
Intelligence, that it may be appropriate at times to dissolve
certain
borders.
References:
White House. (n.d.). The executive branch. National Archives
and

Records Administration. Retrieved December 2, 2022, from
https://obamawhitehouse.archives.gov/1600/executive-branch
Office of the Director of National Intelligence. (n.d.). Central
Intelligence
Agency. INTEL. Retrieved December 2, 2022, from
12/2/22, 9:39 PM
Page 18 of 19
Edited by Calvin Oglesby
(https://canvas.fscj.edu/courses/65283/users/135735) on Dec 2
at 6:02pm
Agency. INTEL. Retrieved December 2, 2022, from
https://www.intelligence.gov/how-the-ic-works/our-
organizations/411-cia
Truman Library. (n.d.). Establishment of the CIA.
Establishment of the CIA
| Harry S. Truman. Retrieved December 2, 2022, from
https://www.trumanlibrary.gov/education/presidential-
inquiries/establishment-cia
FBI. (2016, June 13). How does the FBI differ from the

Central
Intelligence Agency? FBI. Retrieved December 2, 2022, from
https://www.fbi.gov/about/faqs/how-does-the-fbi-differ-from-
the-central-
intelligence-agency
USAGov. (n.d.). Central Intelligence Agency. USAGov.
Retrieved
December 2, 2022, from https://www.usa.gov/federal-
agencies/central-
intelligence-agency
Sepper, E. (n.d.). Ties that bind: How the Constitution limits
the CIA's
actions in the ... Retrieved December 2, 2022, from
https://www.nyulawreview.org/wp-
content/uploads/2018/08/NYULawReview-81-5-Sepper.pdf
12/2/22, 9:39 PM
Page 19 of 19
Compare and contrast your understanding of the political
philosophies of redistributing income based on the below
scenario:
Sara earns more than Emily. Someone proposes taxing Sara in
order to supplement Emily's income.
How would a

a. utilitarian,
b. a liberal, and
c. a libertarian .Evaluate this proposal.
Your post should be a minimum of 150 words.

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