The document discusses the role and functions of bureaucracy. It defines bureaucracy as a large organization with specialized knowledge divided into clear hierarchies. Bureaucracies translate democratic intentions into actions as public agencies. Advantages include efficiency, but responsiveness may suffer. The document also discusses the merit system versus the spoils system for hiring and promotions. Key functions of bureaucrats are executing laws, rulemaking to interpret laws, and adjudicating rule violations. The executive branch structure is also outlined, including the Executive Office of the President, Cabinet Departments, bureaus/agencies, government corporations, and independent agencies/commissions.
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxbissacr
Chapter Eighteen The Law of Administrative AgenciesIntroduction to Administrative Law and Administrative AgenciesAdministrative Law
For the purposes of this text, administrative law is defined broadly as any rule (statute or regulation) that affects, directly or indirectly, an administrative agency. These rules may be procedural or substantive, and they may come from the legislative, executive, or judicial branch of government or from the agencies themselves. Such rules may be promulgated at the federal, state, or local levels. A procedural rule generally has an impact on the internal processes by which the agencies function or prescribes methods of enforcing rights. For example, under the Administrative Procedure Act (APA), a federal administrative agency must give adequate notice to all parties involved in an agency hearing. A substantive rule defines the rights of parties. An example is an act of Congress that forbids the FTC from applying the antitrust laws to all the Coca-Cola bottlers in the United States. In this instance, the rights and regulations of both the FTC and the Coca-Cola bottlers were defined by Congress.
administrative law
Any rule (statute or regulation) that directly or indirectly affects an administrative agency.
procedural rule
A rule that governs the internal processes of an administrative agency.
substantive rule
A rule that creates, defines, or regulates the legal rights of administrative agencies and the parties they regulate.Critical Thinking About The Law
As a future business leader, you will certainly encounter many governmental regulations. Congress created administrative agencies, in part, because it could not hope to address the enormous variety and number of concerns that are now covered by administrative agencies. Although you will not learn about every administrative agency in this chapter, you can jump-start your thinking about administrative agencies by answering these critical thinking questions.
1. Your roommate states that people do not have to follow the regulations passed by administrative agencies because these regulations are not laws. She argues that only Congress can make laws. Which critical thinking question could be applied to settle this disagreement?
Clue: Do you and your roommate agree on the meaning of the words she is using?
2. Some individuals may argue that the creation of regulations by administrative agencies promotes unfair restrictions on business. What ethical norm seems to be behind this thought?
Clue: If you want fewer restrictions from the government, what ethical norm is influencing your thought? What ethical norm seems to conflict with the wish for fewer governmental regulations?
3. Congress assumes that the administrative agencies will address problems effectively in their respective areas. For example, the EPA ensures compliance with environmental laws. If Matt makes the assumption that environmental problems are so complex and widespread that the EPA could not hope to ma.
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxmccormicknadine86
Chapter Eighteen The Law of Administrative AgenciesIntroduction to Administrative Law and Administrative AgenciesAdministrative Law
For the purposes of this text, administrative law is defined broadly as any rule (statute or regulation) that affects, directly or indirectly, an administrative agency. These rules may be procedural or substantive, and they may come from the legislative, executive, or judicial branch of government or from the agencies themselves. Such rules may be promulgated at the federal, state, or local levels. A procedural rule generally has an impact on the internal processes by which the agencies function or prescribes methods of enforcing rights. For example, under the Administrative Procedure Act (APA), a federal administrative agency must give adequate notice to all parties involved in an agency hearing. A substantive rule defines the rights of parties. An example is an act of Congress that forbids the FTC from applying the antitrust laws to all the Coca-Cola bottlers in the United States. In this instance, the rights and regulations of both the FTC and the Coca-Cola bottlers were defined by Congress.
administrative law
Any rule (statute or regulation) that directly or indirectly affects an administrative agency.
procedural rule
A rule that governs the internal processes of an administrative agency.
substantive rule
A rule that creates, defines, or regulates the legal rights of administrative agencies and the parties they regulate.Critical Thinking About The Law
As a future business leader, you will certainly encounter many governmental regulations. Congress created administrative agencies, in part, because it could not hope to address the enormous variety and number of concerns that are now covered by administrative agencies. Although you will not learn about every administrative agency in this chapter, you can jump-start your thinking about administrative agencies by answering these critical thinking questions.
1. Your roommate states that people do not have to follow the regulations passed by administrative agencies because these regulations are not laws. She argues that only Congress can make laws. Which critical thinking question could be applied to settle this disagreement?
Clue: Do you and your roommate agree on the meaning of the words she is using?
2. Some individuals may argue that the creation of regulations by administrative agencies promotes unfair restrictions on business. What ethical norm seems to be behind this thought?
Clue: If you want fewer restrictions from the government, what ethical norm is influencing your thought? What ethical norm seems to conflict with the wish for fewer governmental regulations?
3. Congress assumes that the administrative agencies will address problems effectively in their respective areas. For example, the EPA ensures compliance with environmental laws. If Matt makes the assumption that environmental problems are so complex and widespread that the EPA could not hope to ma ...
Administrative Legal Research IntroductionNeal Axton
Administrative Legal Research Presentation given to Advanced Legal Research Class at William Mitchell College of Law in St. Paul, Minnesota on September 13, 2013 by Neal R. Axton, JD, MLIS.
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Chapter 13:The Bureaucracy
ADA Text Version
Learning Objectives
1. Describe the formal organization of the federal bureaucracy.
2. Classify the vital functions performed by the bureaucracy.
3. Explain the present Civil Service system and contrast it with the 19th century spoils system.
4. Identify the various factors contributing to bureaucracy's growth over time.
5. Compare the means by which Congress and the president attempt to maintain control over the bureaucracy.
6. Analyze and evaluate the problems that bureaucratic organization poses for American democracy.
Introduction
The very word "bureaucracy" often carries negative connotations. To refer to an institution as a "bureaucracy" or characterize it as "bureaucratic" is usually intended as an insult. But the national bureaucracy, sometimes called the "fourth branch of government", is responsible for practically all of the day-to-day work of governing the country. While bureaucracy in the United States, consistent with our tradition of more limited government, is smaller than its counterparts in other longstanding democracies, its influence extends to almost every corner of American society. From delivery of the mail to regulation of the stock market to national defense, federal employees plan, regulate, adjudicate, enforce, and implement federal law. Despite recurrent calls to "shrink" the size of government, the federal bureaucracy remains the largest single employer in the United States. This lesson examines the bureaucracy's formal organization, its critical role in the American economy and society, and its perceived weaknesses.
Study Questions
1. How did sociologist Max Weber define bureaucracy?
2. Identify the various functions federal bureaucracies perform giving at least one example each:
a. Implementation
b. Regulation
c. Adjudication
d. Enforcement
e. Policy-making
3. How many people does the federal government employ? For what percentage of GDP does federal spending account? How does this compare to other economically advanced democracies?
4. Classify and distinguish the major types of bureaucracy in the federal government:
a. Cabinet Departments
b. Independent Agencies
c. Independent Regulatory Commissions
d. Government Corporations
5. How does the federal bureaucracy select and recruit personnel? Contrast the present civil service system with the spoils system. What advantages does the present system provide?
6. What factors explain the growth of bureaucracy over time despite recurrent calls for limiting the size of government?
7. Identify those factors in the budget process making it difficult to cut bureaucratic funding.
8. Describe the way Congress authorizes funding for the federal bureaucracy.
9. How does Congress attempt to control the federal bureaucracy?
10. How does the president attempt to control the federal bureaucracy?
11. What special problems does bureaucratic independence present in a democracy? Discuss with re.
Ehsan Kabir Solicitor is explaining the Common Law vs. Positive Law. Ehsan Kabir understands that clients may be limited in their financial means. In order to ensure they too benefit from his knowledge and experience, Ehsan Kabir works alongside his clients to find and deliver a cost-effective solutions to their problems. By working together with clients Mr. Kabir provides clients with opportunities to keep control of their finances.
Jeopardy review basic structure of Congress, leadership, checks and balances, apportionment and gerrymandering, leadership, powers and legislative process
Using the Business Model Canvas and Gamestorming for Hybrid and Online Course...Christopher Rice
Presentation for EDUCAUSE 2015 conference, Indianapolis, IN. Discusses how I have used design thinking tools like the Business Model Canvas, Value Proposition Canvas and Gamestorming activities to work with faculty and staff to develop innovative online and hybrid courses and programs.
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3. Bureaucracy
A large organization in which
people with specialized knowledge
are organized into a clearly
defined hierarchy of bureaus and
offices, each of which has a
specified mission.
11. The Merit System
• Spoils System dominated the 19th
and (most of the) 20th century
bureaucracy.
12. The Merit System
• Spoils System dominated the 19th
and (most of the) 20th century
bureaucracy.
– “It’s not what you know, but who you
know…”
13. The Merit System
• Spoils System dominated the 19th
and (most of the) 20th century
bureaucracy.
– “It’s not what you know, but who you
know…”
• Merit System: people hired &
promoted on basis of qualifications
& job performance, not political
connections.
14. So what do bureaucrats do,
exactly?
• Execution of laws
• Rule-Making (Regulation)
– Rulemaking – the process of deciding
exactly what the laws passed by Congress
mean.
– Rule – statement by a federal agency that
interprets a law and prescribes the specific
action an agency will take to implement
that law.
15. So what do bureaucrats do,
exactly?
• Execution of laws
• Rule-Making (Regulation)
– Rulemaking – the process of deciding
exactly what the laws passed by Congress
mean.
– Rule – statement by a federal agency that
interprets a law and prescribes the specific
action an agency will take to implement
that law.
16. So what do bureaucrats do,
exactly?
• Execution of laws
• Rule-Making (Regulation)
– Rulemaking – the process of deciding
exactly what the laws passed by Congress
mean.
– Rule – statement by a federal agency that
interprets a law and prescribes the specific
action an agency will take to implement
that law.
17. So what do bureaucrats do,
exactly?
• Rule-Making (cont’d.)
– Federal Administrative Procedures Act
– Certain minimum standards must be met
when making rules.
– Interest group participation
18. So what do bureaucrats do,
exactly?
• Rule-Making (cont’d.)
– Federal Administrative Procedures Act
– Certain minimum standards must be met
when making rules.
– Interest group participation
19. So what do bureaucrats do,
exactly?
• Rule-Making (cont’d.)
– Federal Administrative Procedures Act
– Certain minimum standards must be met
when making rules.
– Interest group participation
20. So what do bureaucrats do,
exactly?
• Adjudication – process designed to
establish whether a rule has been
violated.
– In making rules, bureaucracies act like
legislatures; in judging them they act like
courts.
– National Highway Traffic Safety
Administration (NHTSA)
– Potential problems with bureaucrats as
policymakers…
21. So what do bureaucrats do,
exactly?
• Adjudication – process designed to
establish whether a rule has been
violated.
– In making rules, bureaucracies act like
legislatures; in judging them they act like
courts.
– National Highway Traffic Safety
Administration (NHTSA)
– Potential problems with bureaucrats as
policymakers…
22. So what do bureaucrats do,
exactly?
• Adjudication – process designed to
establish whether a rule has been
violated.
– In making rules, bureaucracies act like
legislatures; in judging them they act like
courts.
– National Highway Traffic Safety
Administration (NHTSA)
– Potential problems with bureaucrats as
policymakers…
23. So what do bureaucrats do,
exactly?
• Adjudication – process designed to
establish whether a rule has been
violated.
– In making rules, bureaucracies act like
legislatures; in judging them they act like
courts.
– National Highway Traffic Safety
Administration (NHTSA)
– Potential problems with bureaucrats as
policymakers…