Public agencies are state, local, and federal government employers. Through this paper we will be discussing some of the tools and abilities of public agencies and how they influence our public organizations, such as their regulatory process and administrative hearings. Regulations are primary vehicles that are utilized by agencies to implement laws and general agency objectives. The ability to regulate and enforce these standards comes from laws passed by the legislature, which gains its authority through the constitutions of the federal government and the states. It is then the duty of the executive and judicial branches to administer and adjudicate the laws, respectively
The Administrative Procedure Act of 1946 (APA) properly outlines the process that agencies must follow when wanting to write a regulation. Through the APA there are two types of rulemaking; formal and informal. The differences between the two are that informal rulemaking is the most common process used by agencies for writing regulation. The agency first proposes a rule or standard and invites public comment through a Notice of Proposed Rulemaking. Formal rulemaking is used by agencies responsible for economic regulation of industries and is only required when a statute other than the APA specifically states that rulemaking is to be done on record.
According to The Regulatory Process, the Presidents’ role is to provide an executive review of the process and to see if there is justification for the need for an agencies regulation and the cost benefits that it entails; due to the bill being paid under the federal governments account. (The Regulatory Process) Congress on the other hand retains the primary control over the organization of the bureau...
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Works Cited
Administrations. http://policy.rutgers.edu/faculty/shapiro/SS_11.08.pdf (accessed May 25, 2014).
Cohen, Sarah, and Goldstein, Amy. ”Bush Forces a Shift In Regulatory Thrust.” The Washington Post, August 14, 2004.http://www.washingtonpost.com/wp-dyn/articles/A1315-2004Aug14.html. (accessed May 25, 2014).
Cooper J. Phillip, Public Law and Public Administration. Itasca: F.E. Peacock Publishers, Inc, 2000.
Resources for New Legal Aid Attorneys. Administrative Hearing Practice and Procedure. http://povertylaw.pbworks.com/w/page/17976066/Administrative%20Hearing%20Practice%20and%20Procedure (accessed May 25, 2014).
Shapiro, Stuart. Presidents and Process: A Comparison or the Regulatory Process Under the Clinton and Bush (43)
The Regulatory Process.http://mercatus.org/sites/default/files/publication/the_regulatory_process.pdf (accessed May 25, 2014).
This book also elaborates on the study of rulemaking by giving examples through cases, studies, loads of government documentation and interviews with policy makers. Following the information and chapters is really easy. The book is illustrated with clear tables, charts, and figures. Each chapter is clearly defined and tables/figures are clearly marked after the table of contents.
Modern Bureaucracy in the United States serves to administer, gather information, conduct investigations, regulate, and license. Once set up, a bureaucracy is inherently conservative. The reason the bureaucracy was initiated may not continue to exist as a need in the future. The need or reason may change with a change in the times and the culture needs. A bureaucracy tends to make decisions that protect it and further it’s own existence, possibly apart from the wishes of the populace. It may not consistently reflect what might be optimal in terms of the needs and wants of the people. Local governments employ most of the United States civil servants. The 14 cabinet departments in the U.S. are run day-to-day by career civil servants, which have a great deal of discretionary authority.
1. Bovard, James. Feeling Your Pain: The Explosion and Abuse of Government Power in the Clinton-Gore Years. New York: St. Martin’s, 2000
The Federal Register is an act of Congress. Other acts of Congress that help oversee the rules process include the Paperwork Reduction Act and the Administrative Procedure Act (APA). The APA, 1946, applies rulemaking requirements to federal administrative procedures. This helps to normalize the process and regulations. The APA applies for both formal and informal rulemaking including keeping the process on the
In Flannery O’Connor’s short story “A Good Man is Hard to Find” the author uses foreshadowing to lead up to the unexpected twist of fate that the family finds when meeting the story’s antagonist “The Misfit.” As columnist in English Language Notes David Piwinski explains, “The murders of the grandmother and her family by the Misfit come as no surprise to the attentive reader, since O’Connor’s story is filled with incidents and details that ominously foreshadow the family’s catastrophic fate” (73). The following passage will explore O’Connor’s usage of foreshadowing in “A Good Man is Hard to Find.”
In “The Fish” by Elizabeth Bishop, the narrator attempts to understand the relationship between humans and nature and finds herself concluding that they are intertwined due to humans’ underlying need to take away from nature, whether through the act of poetic imagination or through the exploitation and contamination of nature. Bishop’s view of nature changes from one where it is an unknown, mysterious, and fearful presence that is antagonistic, to one that characterizes nature as being resilient when faced against harm and often victimized by people. Mary Oliver’s poem also titled “The Fish” offers a response to Bishop’s idea that people are harming nature, by providing another reason as to why people are harming nature, which is due to how people are unable to view nature as something that exists and goes beyond the purpose of serving human needs and offers a different interpretation of the relationship between man and nature. Oliver believes that nature serves as subsidence for humans, both physically and spiritually. Unlike Bishop who finds peace through understanding her role in nature’s plight and acceptance at the merging between the natural and human worlds, Oliver finds that through the literal act of consuming nature can she obtain a form of empowerment that allows her to become one with nature.
Spirituals: African American spirituals are a key contribution to the creation of the initial genre of jazz. African Americans used spirituals during the earliest turmoil of slavery. These spirituals were used as songs to sing during labor and an initial way of communication for the Underground Railroad. These African American folk sounds mixed with gospel hymns were sun fused with instruments such as the harmonicas, banjos, and other instruments that could primarily be found. This initial form of the music started to separate itself from the gospel rendition. This mixture of different styles of music fused and gave birth to such things as minstrel shows, ragtime, and other forms of music. The most important that spirituals truly helped develop, was Jazz. Spirituals were the first true form of Negro expression in the form of music. Marshall W. Steams, Professor of English Literature at Hunter College states that “The spiritual was created out of nowhere by a sort of spontaneous combustion of Negro’s genius” (125). This mixture of hymns and instrumental instruction took form into one of the most versatile genres known to date, Jazz.
A change in strategy leads to new perspective over certain matters. During FDR’s tenure many new reforms were adopted as part of the New Deal. Some o...
Our current society is not capable of turning into one similar to Gilead. Gilead is an unstable time period, for what was known to be the United States of America. There are several reasons why our society today cannot be one like Gilead. The people of Gilead do many acts that violate the Bill of Rights, which our society respects highly. The United States Constitution is also violated in the novel, The Handmaid’s Tale by Margaret Atwood.
In “Constitutional Democracy and Bureaucratic Power,” Peter Woll states that our system of government, “. . in many ways supported bureaucratic organization and functions independent of the president,” (311). According to Woll, the Framers intended to establish an independent bureaucracy, as they gave Congress substantial power over the administrative “branch.” However, because of the bureaucracy’s independence, Woll asserts that, though he possesses the authority, the president often lacks the power to control the bureaucracy. Naturally, this can lead to the corruption and inefficiency of the administrative process. Also contributing to this inefficiency and corruption, is the very nature of the bureaucracy itself. By definition, a bureaucracy is a “large, complex organization of appointed officials,” (“American Government: Institutions and Politics”); this inherent complexity causes many of the issues of bureaucracy. In discussing bureaucratic agencies’ budgets, James Wilson claims that “. . since measuring the output of a bureau is often difficult. . .the bureau has a great deal of freedom within which to seek the largest possible budget,” (“The Rise of the Bureaucratic State”, Wilson). Essentially, the vastness of each bureaucratic agency makes close scrutiny a time consuming and futile effort. Additionally, Woll contends that “. . the three branches do not always use to the fullest extent their authority to regulate the bureaucracy,” (“Constitutional Democracy and Bureaucratic Power”, 314). This assertion suggests that perhaps the source of the bureaucracy’s problems lie, not within the institution itself, but within the reluctance of the other branches of government to regulate it. Wilson proffers another explanation for the bureaucracy’s inefficiency in his scrutiny of the USPS, arguing that
What statutory steps, if any, the agency must take before making decisions that affect the public
Administrative law is designed to control and correct administrative government and focuses on the procedural problems of fairness and accuracy in governmental decision making (Harrington, 2009). To ensure fairness in administrative proceedings within Federal Government agencies the 1946 Administrative Procedure Act (APA) was created (Harrington, 2009). The APA also sets up a process for the United States federal courts to directly review agency decisions. The APA has four distinct areas of administration it governs: (1) adjudication, the process for hearing and deciding controversies; (2) rulemaking, the procedures for developing and amending regulatory rules; (3) discretion of administrative agencies, defined in the statute that creates an agency and reviewing courts must defer to the statute; and (4) judicial review, establishes the standards that courts must apply when reviewing agency actions (Harrington, 2009).
Public Administration involves the development, implementation and management of policies for the attainment of set goals and objectives that will be to the benefit of the general public. Since Public Administration involves taking decisions that affect the use of public resources there is often the question of how to utilize public resources for maximum public good. The National Association of Public Administration has identified four pillars of public administration: economy, efficiency, effectiveness and social equity. These pillars are equally important in the practice of public administration and to its success. This paper seeks to explain the role of each of the pillars in the practice of public administration.
Rabin, J. (2003). Encyclopedia of public administration and public policy: K-Z. United States: CRC press.
Politics-Administration Dichotomy essentially has a two part meaning; there are two functions of government for this idea, as the name implies politics, and administration. The argument about the dichotomy between politics and public administration has been around for several years with no overall consensus on why they should be distinct from one another. Looking critically at both sides of the idea, there are ways to demonstrate an accurate presentation of the administrative agencies working and there are also ways they have proved to be inaccurate. There are just as many downfalls to a politicized bureaucracy. There will be more benefits to the politics-administration dichotomy view with the concept put in place by Woodrow Wilson. He simply promotes a clear distinction between politics and administration and supports the idea that they are interdependent of one another, and they require one another for the appropriate balance between democracy and efficiency. The idea of Wilson’s concept will allow agencies to gain the most efficiency through interdependence of politics-administration.