1. Laws v.
Regulations

2. Regulations
(the rule-making power) give bureaucratic officials power to develop public policy.

3. Regulations: Agency-created “laws” to govern topics under a particular agency’s jurisdiction.

4. Regulatory Power
Power to issue regulations arises from a Congressional delegation of power.

5. Regulations……………often fill in the precise details of rules based on broader directives set forth in statutes.

6. Source of regulatory power…
Congress may specifically delegate to agencies the authority to formulate precise rules to govern a particular subject. (FDA)

7. Rules for exercise of power..
Congress also specifies the procedures agencies must use in developing regulations.

8. Rules for exercise of power..
Agencies must publish proposed regulations for a period during which the pubic may comment…….

9. Rules for exercise of power..
Agencies must allow a process for public hearing about proposed regulations

10. Judicial powers arise under state or national constitutions for state or federal courts.

11. Laws/Statutes
(the lawmaking power) arise under their respective Constitutions for Congress and state legislatures.

12. Administrative law
Rules and regulations created by an agency such as the FCC are called Administrative laws.

13. FOX Complaint:
Example: FCC receives a complaint FOX Network’s reality show “Married by America” contains overtly sexual behavior and dialogue in a televised bachelor party.

14. FOX Complaint, cont. FCC’s Enforcement Bureau investigates.
Bureau holds a hearing.
Hearing concludes that FOX had broadcast indecent material.
FCC fined FOX and its affilliates $1.2 million

15. Bureaucracy Progression
FDR expanded the bureaucracy during the Great Depression.
Did the courts like it? No—Court Packing threat
1960’s—Civil Rights expanded it further.
George Bush expanded it even further with Homeland Security.