The U.S. House of Representatives and Senate

Description

The U.S. House of Representatives and Senate are composed of the legislators (supported by legions of staff, committee assistants, and personal aides) who are charged with introducing bills in the Congress. They also vote on bills that make it through the lengthy and often tortuous committee processes. However, the public policy formation process does not end when Congress passes a bill and the president signs it.

Instead, bills that become law are then delegated to the wide range of agencies, departments, and quasi-government agencies that are in charge of creating rules and regulations to promulgate the public policy. Think of it this way: When Congress and the president sign a new law, the law usually provides only the broadest contours of a given public policy; it is for civil servants and public policy professionals, who are not elected by the public, to form the rules and regulations that will execute the policy. You can examine the rulemaking process of the federal government by touring the Federal Register, linked in this week’s Learning Resources, where proposed rules can be reviewed by and commented on by the public.

Congress and the president create laws, but not the intricate rules and regulations that provide substance to those laws. Federal agencies and career civil servants have enormous responsibility and power in defining and specifying the scope of new laws. In addition, the intent of Congress and the president is of paramount consideration in creating rules and regulations; civil servants need to be cognizant of the debates, hearings, and findings of Congress. Even after rules and regulations have become finalized concerning a new law, there is often conflict between the executive and civil servants concerning a law’s enforcement. There are differing interpretations of the language of regulations. In short, the passage of a law and the creation of rules and regulations do not end debate and conflict about its enforcement or its intent.

As you review the Learning Resources, pay particular attention to the relationship between elected and/or appointed decision-makers and civil-servant employees within the three branches of government.

The Assignment 1-1.5 pages:

1. Write an analysis of the relationship between elected and/or appointed decision-makers and civil-service employees and how that relationship impacts the creation of rules and regulations.

2.Include specific examples of opportunities or tensions that may flow out of these relationships.

Will provide these Resources:

Garrett, R. S., Thurber J. A., Fritschler, A. L., & Rosenbloom, D. H. (2006). Assessing the impact of bureaucracy bashing by electoral campaigns. Public Administration Review, 66(2), 228–240.

Keller, S. A. (2009). Depoliticizing judicial review of agency rulemaking. Washington Law Review, 84(3), 419–489.

Woods, N. D. (2009). Promoting participation? An examination of rulemaking notification and access procedures. Public Administration Review, 69(3), 518–530.

How to comment on a rule. https://www.foreffectivegov.org/node/4059