POL 321 Lecture Notes - Lecture 5: Federal Register, Rulemaking, Presidential Directive
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28 Sep 2019
School
Department
Course
Professor
Lecture 5: Public Administration
Key Questions:
1. What is public administration?
2. Why delegate?
3. How to hold accountable?
Public Administration
• Public Administration—implementation of public policy; carry out policies
• Appointed, not elected; take information from elected officials & implement it
• Reasons legislatures delegate implementation:
o Time; don’t have the time
o Blame Shifting—pass a law to delegate authority to deal with a problem so they
don’t have to be blamed for an unpopular policy
o Expertise; can't effectively pass policy because don’t have the area
knowledge/experience
Rulemaking
• Once Congress has delegated authority to agency, agency can begin rulemaking
o Can only do what they've been specifically granted authority to
• Rulemaking—agency given authority to make laws in an area, & choose to do so because:
o May be a statuary requirement
o To address concern or problem
o Could be based on new information/data
o Presidential directive
o Petitions spur action
• Administrative Procedure Act (APA) (1946)—gives process agency must follow for
rulemaking
o Give advance notice of proposed rule-making in the Federal Register; not the actual
rule but intent to make rules
• Can get feedback from public, president
o Publish Notice of Proposed Rulemaking with the actual text of the rule
o Have 30-60 days of public notice & comment period
• Must read & respond to substantive comments
• May revise rule
o Publish final rule in Federal Register
• Once in place, has full force of law
• Congress has 60 days to override rule & get President signature, then it is null &
void
▪ This has only happened once
Accountability
• Principal-Agent Problem—any time a higher level position delegates authority to lower
level position, tendency is for agent (lower level) to not act in full intent of principal
(higher level)
o agents are motivated to act in their own best interests, which are contrary to those of
their principals, and is an example of moral hazard
• We can use lawsuits to hold accountable
o Can argue an agency has exceeded their Statutory Authority or is misinterpreting it