Controlling the Administrative State: Bureaucratic Power and Accountability

Discretionary Authority

The extent to which appointed bureaucrats can choose courses of action and make policies not spelled out in advance by laws.

Rule-Making Authority

The power of bureaucratic agencies to create regulations that carry the force of law.

Administrative Procedure Act

A law governing the process by which federal administrative agencies propose and establish regulations.

Discretionary authority

Allows agencies to implement laws by filling in detailed regulations not provided by Congress.

Quasi-legislators

Agencies that act with legislative power to create rules and regulations.

Federal Register

The official journal of the federal government of the United States that publishes agency rules, proposed rules, and public notices.

Public Comment Period

The time allowed for public input on proposed rule changes by government agencies.

Clean Air Act

A comprehensive federal law that regulates air emissions from stationary and mobile sources.

Power of the Purse

Congress's authority to raise and spend money, which it uses to control the bureaucracy.

Oversight Hearings

Legislative hearings held by Congress to monitor the activities and performance of federal agencies.

Police Patrol Oversight

Routine, proactive oversight of agencies by Congress.

Fire Alarm Oversight

Reactive oversight that arises in response to scandals or crises within agencies.

Senate Confirmation

The Senate's constitutional authority to confirm or reject presidential appointments to high-level federal positions.

Executive Orders

Directives issued by the President that manage the operations of the federal government.

Office of Management and Budget (OMB)

The office that assists the President in overseeing the preparation of the federal budget and monitoring agency performance.

Judicial Review

The power of courts to declare agency actions unconstitutional or unlawful.

Due Process

A legal requirement that the state must respect all legal rights owed to a person and ensure fair treatment.

Regulations

Rules made by agencies that have the force of law, created to implement statutory provisions.

Enabling Legislation

The act of Congress that creates an agency and outlines its powers and responsibilities.

Civil Servants

Employees of the government who are hired based on merit and cannot be easily dismissed for political reasons.

Pendleton Act

A federal law that mandated civil service reform, establishing the merit system for government employment.

Appropriation

The act of Congress allocating funds to agencies for specific purposes.

Authorization

Legislation that establishes an agency's existence and gives it the legal power to operate.

Accountability

The obligation of agencies to report to Congress and the public; mechanisms to ensure actions are consistent with laws.

Bureaucracy

The complex structure of government agencies that implement laws and regulations.

Checks and Balances

The system that ensures no one branch of government becomes too powerful, including oversight of the bureaucracy.

Legislative Branch

The branch of government responsible for creating laws; includes Congress.

Executive Branch

The branch of government charged with executing laws; includes the President and federal agencies.

Judicial Branch

The branch of government responsible for interpreting laws; includes the court system.