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Explore the administration of national laws in the American constitutional system, including the role of executive agencies, checks and balances, and the staffing of government positions.
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Unit FourLesson 24 How are National Laws Administered in the American Constitutional System?
Congress would need to execute the laws. The executive branch was designed to do this • The Federal Government is run by the BUREAUCRACY • 3 categories of Executive Agencies used to execute laws • Executive Departments • 15 Departments, leader (Secretary) appointed by the President • Each Secretary serves on the President’s Cabinet and is in line of succession for the Presidency • Executive Office of the President (EOP) • created to give the President the “machinery” to manage the government (budgeting, personnel management, etc) • Independent Agencies • Agencies created for a specific purpose (Social Security Agency)Often had executive, legislative and judicial functions.
Executive departments • Department of Agriculture (USDA) • Department of Commerce (DOC) • Department of Defense (DOD) • Department of Education (ED) • Department of Energy (DOE) • Department of Health and Human Services (HHS) • Department of Homeland Security (DHS) • Department of Housing and Urban Development (HUD) • Department of Justice (DOJ) • Department of Labor (DOL) • Department of State (DOS) • Department of the Interior (DOI) • Department of the Treasury • Department of Transportation (DOT) • Department of Veterans Affairs (VA)
Why does congress create administrative organizations and what powers do they have? • Laws are often written in general terms • Executive agencies have “quasi-legislative” powers to administer the laws • Some use “quasi-judicial” powers in enforcing the laws • EXAMPLE - Internal Revenue Service (16th Amendment gave Congress the power to tax income directions) • It leaves up to the IRS to make and enforce rules about tax collection
How are Executive Agencies Staffed? • Civil Service Program (merit system) was created in 1883 • Congress establishes the requirements for holding office (wages, benefits, standards of performance) • Created to insulate workers from politics • OLD DAYS - Patronage: rewarding supporters by giving them permanent gov’t jobs • TODAY - Most government jobs are not reliant on who wins the election. Only appointed jobs go with the office holder • President can make APPOINTMENTS to federal agencies • Serve at the pleasure of the president • Numbers have been growing steadily • Usually lose their jobs when their person leaves office
Checks and Balances on The Executive branch • The President • Can fire anyone he/she appoints • Hired positions go through a government employment agency • Executive Orders – to accomplish president’s goals • Like laws – used to get job done • Congress • Creates agencies it feels necessary to fulfill agenda/laws • Senate must confirm presidential appointees • Review budgets • Each department • President’s budget • Congressional budget
Checks and balances • Courts • S.C. determines of other branches exceed their powers • Has ruled Congress must clear define standards • Federalism • States my opt to not enforce objectives they disagree with • States often work together to try to alter/block federal actions • Citizens, Interest Groups and the Media • Citizens work to get government to meet their needs/wants • Interest Groups keep a close eye on actions of the gov’t • Media alerts the public to problems and miscarriages of justice