Policy and the branches of government, Unit test, Quiz 4, Discretionary and rule-making authority, Holding the bureaucracy accountable
Compliance monitoring has which of the following effects on the bureaucracy?
It challenges bureaucratic agencies' ability to implement a policy that matches the president's goals.
Which of the following is an accurate comparison of the expressed powers of the president and the powers of Congress? Presidential powers Congressional powers A Issuing executive orders Reviewing lower-court decisions B Confirming presidential appointments Creating federal laws C Nominating ambassadors Declaring war D Ratifying treaties Negotiating treaties
Comparison C
"And the closer the 2006 midterm elections got, the more nervous congressional Republicans could be expected to get. Republican leaders in the House of Representatives sought to have the Senate move first, not wanting to have their members go out on a limb with a series of potentially costly party-line roll call votes that would have no policy payoff if Republicans in the Senate decided not to move a bill because they did not have the votes needed to pass it."
Because members of the House have two-year terms, they are unlikely to support a piece of legislation that may upset their constituents
Which of the following statements explains why Congress gives the federal bureaucracy discretionary authority to implement public policy?
Bureaucrats are experts and can make the best choices on how to implement policy.
Which of the following is an accurate comparison of the roles of President of the Senate and Speaker of the House?
Comparison D Casts a vote only if there is a tie Assigns legislation to committees
Which of the following scenarios is an example of how Congress oversees the bureaucracy?
Congress calls several high-level officials of the Department of Homeland Security to testify on cross-agency communication after September 11th.
Which of the following statements explains how Congress can use its power of the purse to restrict presidential power?
Congress can deny requests for funds to bureaucratic agencies during the budget process.
Which of the following statements describes a difficulty the federal government faces in policymaking when there is a divided government?
Divided government may result in the delay or death of major policy because of ideological clashes between parties
Congress passed a law ordering the Department of Agriculture to create a National School Lunch Program that provides nutritionally-balanced meals to all students for free. President Stanley Hudson attached a statement when signing the bill into law, stating that his administration should include soft pretzels in their nutritionally-balanced meal plans. Which of the following statements best explains how a signing statement affects the Department of Agriculture's implementation of the policy?
It guides the rules and regulations that the Department of Agriculture issues to implement policy, especially when the law is ambiguous.
Based on the information in the infographic, which of the following statements accurately describes the effect the Burger Court had on existing precedents?
It made slightly more conservative changes to precedent than liberal changes
At his first State of the Union, President Jason Mendoza uses the platform to inform the American public and the other branches of government of his policy goals for the first year of his presidency. His policy goals include supporting the buffalo wing industry and making Blake Bortles the king of Florida. The president's agenda-setting power can have which of the following effects on bureaucratic agencies?
It pushes bureaucratic agencies to execute and follow through on the president's policy goals.
Signing statements go beyond the president's expressed constitutional powers
Judicial powers Legislative powers A Interpreting the Constitution AEstablishing inferior courts
"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788
Marbury v. Madison
Which of the following statements best describes one limitation that Congress faces when attempting to monitor the bureaucracy directly by calling oversight hearings?
Oversight hearings take a lot of time and resources to be effective and Congress is too small to monitor all administrative actions directly.
"The defeat of Robert Bork's 1987 Supreme Court nomination was a watershed event that unleashed what Stephen Carter has called 'the confirmation mess.' There was no question that Bork was a highly qualified nominee. He was rejected not because of any lack of qualification, or any impropriety, but because of his stated judicial philosophy: how he would vote as a judge."
Robert Bork failed confirmation as a Supreme Court justice because some Senators were concerned about the impact he would have on the Court
In 2016, Congress passed a law that intended to improve transportation in rural areas, relying on the Department of Transportation to figure out the mode of transportation was strongest. Senator Tahani Al-Jamil has heard that the Department of Transportation is planning to institute a regulation requiring state governments to give every person living in a rural area a brand-new car, which was not the intent of the law. However, she's not sure if this is gossip or an actual plan. Which of the following is an informal power that Senator Al-Jamil could use to get information about how the Department of Transportation is implementing the law?
She could reach out to her contacts in the Department of Transportation to find out more about their implementation plans.
"The president may be convinced that a piece of legislation is unwise. But his judgment as to its un-wisdom is not a legal reason for his declining to execute it. (It may be a reason to veto it, and one of the objections to signing statements is that they are vetoes not subject to override.) And the president may have a definite view as to what the legislation means, and that view might include conclusions as to its constitutionality, but his is not the view that counts. He may be the commander in chief, but he is not the interpreter in chief."
Signing statements go beyond the president's expressed constitutional powers
Which of the following provides the most accurate explanation of how compliance monitoring poses a challenge to policy implementation?
State and local agencies may shape policy in different directions than the federal bureaucracy intended, which forces the federal bureaucracy to spend resources enforcing compliance with the original policy.
In 2015, President Obama signed the Every Student Succeeds Act (ESSA) into law. The Department of Education was in charge of implementing the law. Which of the following most likely occurred after Congress gave the Department of Education discretionary authority over the law?
The Department of Education used its rulemaking authority to create regulations for states and school districts.
Which of the following is likely to occur immediately as a result of new legislation regarding transition programs for veterans of the Afghanistan War?
The Department of Veterans Affairs will use its authority to decide how to implement the law effectively.
Which of the following scenarios is an example of a bureaucratic agency using its discretionary authority?
The Environmental Protection Agency issues a fine to a company for violations of the Clean Air Act.
In 1971, President Nixon signed the Federal Election Campaign Act (FECA) into law. It required candidates for federal office to disclose who contributed to their campaigns and how much. Congress put the Federal Election Commission in charge of implementing the law.
The Federal Election Commission enforced the law by creating a series of rules for candidates.
Which of the following scenarios would most likely be considered judicial restraint?
The Supreme Court refuses to hear a case because the justices believe the issue should be solved by the legislative branch
Which of the following statements best explains a limit to the Court's powers over bureaucratic agencies?
The bureaucracy can ignore or refuse to implement court rulings.
Which of the following statements best describes one obstacle the president faces when trying to manage the bureaucracy?
The bureaucracy is large and handles many issues, making it difficult for the president to stay informed on all administrative activities.
"Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy . . ."
The capacity to act quickly and decisively
Which of the following scenarios best reflects how a president's ideology can affect bureaucratic agencies?
The president appoints an administrator who shares her philosophy that the federal government should shrink and empower the states to implement policy.
Which of the following is an example of how the president can use informal powers to limit a bureaucratic agency's focus when implementing a policy?
The president attaches a signing statement to a law explaining how their administration should implement it.
Which of the following scenarios is an example of how the president can hold a bureaucratic agency accountable?
The president issued an executive order to split the Department of Veterans Affairs into two agencies after the organization failed to meet policy goals.
Which of the following statements is the most likely motivation for a president to issue an executive order?
To achieve policy goals when a compromise cannot be reached with Congress
In 1963, Congress passed the Clean Air Act, which sets limits on air pollution on a national level. In response, the Environmental Protection Agency set standards to limit carbon dioxide emissions from new power plants in the United States.
a directive from a bureaucratic agency establishing requirements on how actors in their jurisdiction can operate
Every year, the Seafair Air Show performance takes place in Lake Washington in Seattle, Washington. To protect guests who are attending the festival, Congress passed a law designating the area a safety zone. In response, the Department of Homeland Security created a regulation requiring the Coast Guard to enforce the boundaries of the safety zone from 8 am to 4 pm. The action taken by the Department of Homeland Security is an example of which of the following?
a guideline issued by government agencies, which provide specific details about how to implement policies
In 1975, Congress passed the Hazardous Materials Transportation Act, which gave the Department of Transportation the power to regulate the transport of potentially hazardous materials, like radioactive waste. In response, the Department of Transportation set regulations, such as requiring additional labels on shipment trucks that warn other vehicles that there is hazardous material in the truck.
a rule issued by an executive agency that lists specific regulations about how to implement a policy
Which of the following presidential actions is an example of court-curbing?
appointing justices that shift the ideological balance of the Supreme Court
Members of the House Committee on Transportation and Infrastructure are concerned about a rise in the number of accidents on national highways.
holding a hearing and subpoenaing the testimony of high-level officials of the Department of Transportation
President David Rose refuses to spend the money Congress appropriated for the Environmental Protection Agency. In response, Congress has rejected the rescission of funds.
how Congress uses its oversight powers to check the executive branch's budgeting power.
President Alice Pieszecki divides the Department of Education into two bureaucratic agencies: the Department of K-12 Education and the Higher Education Agency. She hopes that by separating the department into two agencies, she can get the Higher Education Agency to work on addressing student loan debt.
how the president's reorganization authority can force bureaucratic agencies to meet their administration's goals.
Under President Jean-Ralphio Saperstein, the Department of the Interior issued a new rule allowing private businesses to buy sections of land designated for national parks. In response, several environmental groups band together and sue the federal government to stop the implementation of the rule. The case makes its way to a federal court of appeals. Which of the following actions could the federal court take to stop the Department of the Interior from implementing the rule?
order the department to stop
To protect young children from obscene content, Congress passed a law giving the Federal Communications Commission (FCC) the authority to make rules limiting what television networks can broadcast. In response, the FCC makes a rule that television networks can only broadcast shows safe for people of all ages, fining any network that shows programs made for mature audiences. The National Association of Broadcasters sued the FCC Chairman, and the case makes its way to the Supreme Court. Which of the following measures can the Supreme Court use to limit the FCC's actions?
overrule the FCC and strike down the administrative action for overextending beyond the intent of the law
Congress passed a law that tasked the Department of Homeland Security with developing an emergency communication system to alert residents. The department has defined emergency communications as information important to most citizens. Under that definition, the head of Homeland Security has used the system to send out spoilers for the tv show, Derry Girls. What formal action could Congress take to limit the agency's discretionary authority and hold the bureaucracy accountable?
pass legislation to narrow the definition of what it considers an "emergency"
President Jane Villanueva orders the Federal Election Commission to set limits on how much candidates can spend on campaign advertisements. Which of the following actions could Congress take to limit the president's authorization?
pass legislation to restrict the Federal Election Commission's power to make rules about how candidates spend their money
President Dwight Schrute has several positions to fill within the federal bureaucracy. Which of the following is an example of filling a position based on merit?
promoting the Deputy Attorney General to Attorney General after four years of strong service
how the president's reorganization authority can force bureaucratic agencies to meet their administration's goals.
the responsibility of bureaucratic agencies to ensure that actors in their jurisdiction obey all regulations they set.
Bureaucratic discretionary authority is best defined as which of the following?
the ability of executive agencies to decide the literal interpretation of the law and to take courses of action
Congress passed the Clean Air Act, which gave the federal government the power to monitor and limit emissions of harmful chemicals into the atmosphere. However, in 2003, the Environmental Protection Agency (EPA) announced that the Clean Air Act does not give it the authority to regulate carbon dioxide and other greenhouse gases.
the power that individual bureaucrats and agencies have to make choices about how to implement existing laws
Congress passed the Clean Air Act, which gave the federal government the power to monitor and limit emissions of harmful chemicals into the atmosphere. However, in 2003, the Environmental Protection Agency (EPA) announced that the Clean Air Act does not give it the authority to regulate carbon dioxide and other greenhouse gases. The EPA's decision to not act is an example of which of the following?
the power that individual bureaucrats and agencies have to make choices about how to implement existing laws
In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which gave the Securities and Exchange Commission (SEC) more power to regulate and enforce securities laws. In response, the Securities and Exchange Commission created the Office of the Whistleblower, which is responsible for gathering information from people who know of a company committing securities fraud. The Securities and Exchange Commission's ability to decide how much money it awards to whistleblowers is an example of which of the following?
the power that individual bureaucrats and agencies have to make choices about how to implement existing laws
Bureaucratic rulemaking is best defined as which of the following?
the power to make legally binding standards that all persons under the agency's authority must follow
The Federal Election Commission enforces federal election laws. However, they have not filled an open position in four years, preventing the commission from enforcing laws. In response, the Senate Committee on Rules and Administration calls a hearing and subpoenas the members of the Federal Election Committee to testify. Which of the following statements best explains the reason the Senate committee called this hearing?
to investigate why the FEC is not enforcing laws and hold the bureaucracy accountable
In which of the following situations would a federal court most likely declare a bureaucratic agency's actions void?
when the actions extend beyond the intent of the law passed by Congress
