Bureaucratic Rule-Making
AP US Government and Politics
Prediction
What do you think bureaucratic rule-making means?
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Fun Fact
Definition
Bureaucratic Rule-Making: The federal bureaucracy makes rules that affect how programs operate, and these rules must be obeyed, just as if they were laws. The rule-making process for government agencies occurs in stages. After Congress passes new regulatory laws, the agency charged with implementing the law proposes a series of rules, which are published in the Federal Register. Interested parties can comment on the rules, either at public hearings or by submitting documents to the agency. After the agency publishes the final regulations, it must wait sixty days before enforcing those rules. During that time, Congress can review and change the rules if it desires. If Congress makes no changes, the rules go into effect at the end of sixty days. Here’s how the bureaucratic rule-making process is laid out in the Federal Register.
Sentence
While bureaucrats writing regulations and rule-making may seem like a violation of the separation of powers fundamental to the American government, federal agencies may enact rules solely within the statutory authority granted to them by Congress. These administrative laws allow regular citizens to have a greater influence on regulations that could directly impact them. Citizens are given opportunities to propose rule language and comment on language agencies propose.
Example
Responsiveness and durability: An analysis of the Accountability and State Plans rule
Image
Video
Bureaucratic Rule-Making from Khan Academy
Questions
Should the executive branch be making rules? Isn’t that the legislative branch’s job?
What would happen to the American policy-making system if bureucratic rule-making were outlawed?
In what way is bureaucratic rule-making democratic and in what way is it not?