Discretionary and Rule-Making Authority - AP Gov Study Guide 2024 | Fiveable (2024)

How do these powers work?

Discretionary authority allows the federal bureaucracy to have some level of flexibility in decision-making. For example, when implementing a law, the bureaucracy can choose to prioritize certain aspects of the law over others, or make decisions about how to allocate resources in a way that best achieves the goals of the law.

Rule-making authority, on the other hand, allows the federal bureaucracy to establish regulations that provide more specific guidance on how government programs should operate. These regulations often serve to provide more detail on what is required of individuals and organizations, and how they can be held accountable.In practice, these two powers often work together to help ensure that government programs are implemented effectively and efficiently. For example, the Department of Education might use its discretionary authority to make decisions about how to allocate resources for student financial aid, while using its rule-making authority to establish regulations that specify how aid applications should be processed and how eligibility should be determined.

In short, discretionary and rule-making authority give the federal bureaucracy the power and flexibility to implement government policies in a way that best serves the needs of the American people.

Key Questions

  1. What is discretionary authority and how does it work?

  2. What is rule-making authority and why is it important?

  3. How do discretionary and rule-making authority interact to implement government policies?

  4. What are the benefits and limitations of discretionary authority and rule-making authority?

  5. How do agencies use discretionary authority and rule-making authority to promote fairness, consistency, and accountability in government programs?

  6. How do agencies balance the need for flexibility and specificity in decision-making and action?

  7. How does discretionary authority and rule-making authority affect the relationship between the federal bureaucracy and other stakeholders, such as states, corporations, and individuals?

Key Vocabulary

Important bureaucratic agencies to know

  • Department of State: responsible for U.S. foreign policy and diplomacy.

  • Department of the Treasury: responsible for managing the country's financial resources, including revenue collection and economic policy formulation.

  • Department of Defense: responsible for national security and the management of military forces.

  • Department of Justice: responsible for enforcing federal laws and representing the U.S. government in legal matters.

  • Department of Homeland Security: responsible for ensuring the security of the U.S. through counter-terrorism measures, disaster response, and border security.

  • Department of Health and Human Services: responsible for protecting the health of all Americans and providing essential human services.

  • Department of Education: responsible for setting education policy and overseeing federal education programs.

  • Environmental Protection Agency: responsible for protecting the environment and human health by enforcing federal environmental laws and regulations.

  • Department of Agriculture: responsible for developing and executing federal policies related to agriculture, forestry, and food.

  • Department of Commerce: responsible for promoting economic growth and job creation through the support of businesses and international trade.

🎥 Watch: AP GOPO - Breaking Down the Bureaucracy

Accountability: Accountability refers to individuals, organizations, or governments being held responsible for their actions and decisions.

Agency: An agency is part of the executive branch responsible for implementing specific tasks or functions outlined by legislation passed by Congress.

Department of Agriculture: The USDA is responsible for developing laws related to farming, forestry, rural economic development programs, food safety, and nutrition.

Department of Commerce: The Department of Commerce is a branch of the U.S. federal government that manages various areas related to economic growth, including trade, economic development, technology, entrepreneurship and business development, environmental stewardship, and statistical research and analysis.

Department of Defense: The Department of Defense oversees everything related to security and defense in America. This includes managing all branches of military service (Army, Navy, Air Force), developing military strategies, procuring weapons systems etc.

Department of Education: The Department of Education is a federal agency that establishes policy for, administers and coordinates most federal assistance to education. It assists the president in executing his education policies and works to improve national educational standards.

Department of Health and Human Services: The Department of Health and Human Services (HHS) is a cabinet-level department of the U.S. federal government tasked with enhancing and protecting the health and well-being of all Americans.

Department of Homeland Security: The Department of Homeland Security (DHS) is a cabinet department responsible for public security, roughly comparable to interior ministries in other countries. Its duties include anti-terrorism, border security, immigration and customs, cybersecurity, and disaster prevention and management.

Department of Justice: The Department of Justice (DOJ) is a federal executive department responsible for enforcing the law and administering justice in the United States.

Department of State: The Department of State is the federal executive department responsible for international relations and foreign policy matters.

Department of the Treasury: The Department of the Treasury is responsible for managing the monetary resources of the United States by producing currency and coinage, collecting taxes, and managing government revenue.

Discretionary Authority: Discretionary authority refers to the power given to government agencies and officials to implement policies and make decisions within certain guidelines.

Environmental Protection Agency (EPA): The EPA is an independent executive agency of the United States federal government tasked with environmental protection matters.

Flexibility: In the context of US government, flexibility refers to the ability of a system or policy to adapt or adjust according to changing circ*mstances or needs.

Implementation: Implementation refers to carrying out, execution, or practice of a plan, method, or any design for doing something. In terms of governance it means putting into effect policies passed into law.

Policy: A policy refers to a course or principle of action proposed or adopted by a government, party, business, or individual.

Regulations: Regulations are rules or directives made and maintained by an authority to manage behavior or processes. In the context of government, these are often created by agencies to enforce laws.

Rule-making Authority: Rule-making authority is the power granted to administrative agencies by Congress to create rules and regulations that have force of law.

Specificity: In US Government, specificity refers to how detailed and precise laws, regulations, or policies are.

Discretionary and Rule-Making Authority - AP Gov Study Guide 2024 | Fiveable (2024)
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