1) How do “the strain on institutional capacity and… the volume of rules affect implementation” of congressional laws? Congressional laws are intentionally crafted with a certain amount of ambiguity. Legislation intentionally lacks regulatory statutes as a means of allowing civil servants with the appropriate expertise to refine the rules required to achieve the broad goals outlined by a certain bill or legislative agenda. Essentially, the “operational details” of a policy initiative are delegated to the appropriate agency, guided by an outline of a program or initiative authorized by congressional legislation. As expected, an agency’s institutional capacity to develop and implement new rules/regulation varies based on several factors, including, …show more content…
For instance, little to no information is required in the development of intra-agency procedure, other than the knowledge that a change is required and the proposed solution is appropriate. In the cases where little to no information is available or required, agencies will develop rules determined to be “expeditious, convenient, or otherwise beneficial to the operation of its programs.” However, rulemaking that is highly technical often requires a high level of information/data, in these cases, inadequate information could be a serious obstacle to the development of high-quality rules. Additionally, highly impactful rules, particularly those focused on social regulation, are so far-reaching that a large amount of information is required to predict the second-order or disparate effects of a rule or regulation. Essentially, Kerwin’s statement is meant to highlight the multitude of environments in which rules can be developed, thereby requiring non-standard amounts of information in order to approve/deny a specific rule or …show more content…
In particular, Kerwin focused on the limitations of agencies, regulators, information, and Congress. Resolving the issues that may arise at each level of the rulemaking process, a product of the listed limitations, is often a complex and difficult task. In particular, the effects of a certain rule/regulation on the citizens in totality. If regulators choose to allow for appropriate time and analysis, the results of the rulemaking process will likely be proper rules/regulation. If regulators choose to ignore or shirk the complexity of the rulemaking process the potential for the results to be ill-fitting is particularly high. Kerwin provides the example of the Occupational Safety and Health Act of 1970 in order to illustrate the effects of half-baked rules/regulations. OSHA had been granted the ability to adopt “consensus nation standards” without regard for the rulemaking standards of the APA. The resulting rules were “met with cascades of criticism, outrage, and worse – ridicule.” The absence of professionalism in this relaxed rulemaking situation helped expose issues with expedient/limited rulemaking. In the case of OSHA, their willingness to disregard the inherent complexity of their regulations led to less than desirable
The reached decision of the Supreme Court for the Federal Trade Commission v. Phoebe Putney Health System, Inc. will have a long term effect on the FTC’s procedural process. This decision reached will now require the FTC to determine a standard verifying whether acquiring deals fall within the state-action exemption clause if or when pertaining to antitrust laws. The conclusion of this case has therefore placed undue strain on how the state 's legislature may now assign authority to organizations of local government. This pressure makes the Federal Trade Commission’s job that much more difficult to accomplish because in some instances there procedures must be adjusted on a situational basis only. In addition, the ruling has affected the process
Frances Perkins, a survivor from the Shirtwaist Factory Fire quotes “Moved by this sense of stricken guilt, we banded ourselves together to find a way by law to prevent this kind of disaster.” Frances Perkins became secretary of Labor under President Franklin D. Roosevelt, and this quote said by Perkins “something must be done. We’ve got to turn this into some kind of victory, some kind of constructive action,” helped new workplace safety standards into law in the state of New York. The benefits that I would like the audience to see is how workplace safety is important by learning about the history of regulation, OSHA, and workers compensation.
The Texas Legislative Branch of Government The Texas Constitution divides the state government into three separate: the executive branch, the judicial branch, and the legislative branch. These three branches share equal power within the Texas State governemt. The executive branch is lead by the governor, the judicial branch consists of the Texas Supreme Court and the local courts around the state, finally, the legislative branch, is lead by the Texas Legislature, which includes the 150 members of the house of representatives and the 31 members of the state senate. These members of the house of representatives are elected to two-year terms and Senators serve four-year terms.
Legislative Branch is the most interesting branch! The Legislative Branch includes, House of Representatives and the Senate. Which forms the United States Congress. Senate is up for reelection every two years. The House of Representatives is made up of 435 elected members.
Regulating the branches of government is crucial to the success of our country, so the constitution laid out the concept of “checks and balances”. For example, the president can veto any bill passed by legislature. In this case, the executive branch checks the legislative branch of government. If this wasn’t possible, congress could pass any bill they want, and ultimately become a powerhouse. These guidelines help keep the government intact, and in turn keep the constitution intact.
Congress give bureaucracies the ability to carry out their policies how they choose. This leaves the doors wide open. Congress does this because if the agency did not, then congress would be swamped with trying to establish how to carry out the policy. Another reason congress has the agency do their own policy making is that they have experts on the topic, compared to congress. Agencies know needs to be done to uphold their ideas.
For example the public, or the counsel, may not even be versed in the issue they are forming a consensus for or it may even be a discussion pointless to discuss. Jesse VandeLaar, in his letter to the editor, makes a compelling point, in brief, he states that having a supreme figure, such as an administrator, should be making decisions simply because of their
When the three branches of government were created a system of “check and balances” was built into the Constitution in order to keep one branch of government from becoming too large and too powerful. Actions that are taken by one branch of government affect the other branches, thereby introducing “oversight”. The intelligence community has both internal and external oversight. The internal oversight comes from the CIA Inspector General that is embedded within the intelligence community. The external oversight comes from both the executive and legislative branches of the government.
I also learned that the Supreme court has a common goal. However, in this article it issued that diversifying its members, could help bring different outlooks, to assure that the laws are carried out correctly and faithfully. This article is significant to not only me, but to our continuously growing diverse population, as well. The Supreme Court’s decisions have a major say in the statutory laws of the country.
“The power of Congress over interstate commerce is not confined to the regulation of commerce among the states. It extends to those activities, which affect interstate commerce, or
Lastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).
Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.
By allowing the judicial branch to interpret the law so that the executive branch can implement and enforce it, the United States government has found a way to combat this issue caused by divided government. Though divided government has been known to create problems, they can be overcome. Solutions such as these can keep the government functioning
For an example, if there is a community that has a plant near their neighborhood and they are polluting their water supply. Homeowners will notice that their water supply are polluted with the plant’s chemical. They will most likely take this up with their elected officials. Then congress gets an issue that a plant is polluting into a water supply and the people would like this business to fix this problem. Now congress has to decide if they should or should not regulate
Assignment: Outline how legislation, policies and procedures relating to health, safety and security influence health and social care settings. Go on to describe how those legislation, policies and procedures promote the safety of individuals in your health or social care setting. Policies, procedures and legislation are found in every establishment. They are required to have them in place in order to protect and keep the employers, employees and service users safe. Legislations in an establishment are a groups of laws set by the government that must be followed otherwise an individual will be prosecuted.