In 1946 Congress enacted the Administrative Procedure Act (APA) to provide minimum standards for federal agencies (Szypszak, 2011). Szypszak (2011) further states that the APA addressed the fundamental aspects of agency rulemaking and adjudication. APA authorizes two basic forms of administrative action: rulemaking and adjudication.
When it comes to the criminal justice process of the United States we should look at the law enforcement agencies as the most dynamic component of the organization. The organization is required to guarantee safety; the USA Patriot Act has amplified the effectiveness of the criminal justice process by authorizing law enforcement additional tools for the job. The USA Patriot Act has also increased the abilities of other essential mechanisms in the criminal justice process by making their processes easier to execute. If we compare the changes we can use the example of discretion. Discretion allows members in the law enforcement area to act freely to decide what should be done in any given situation.
In general, a regulation is a rule employed in controlling, directing, or managing an activity, organization, and/or system. However, in relating to law, a regulation is a specific rule that is enforced by a regulatory agency. This is also known as administrative regulations. These regulations are created and passed to enforce statutory laws and policies. For example, the U.S. Department of Health and Human Services is an agency that administers federal health and welfare programs and activities. This agency created and enforces specific regulations for the Medicaid and Medicare programs. Although, there are many other policy issues and topics that this agency has established regulations
Stemming from a loose interpretation of the Constitution – and specifically the necessary and proper clause -- congressional oversight is one of many enumerated powers bestowed upon Congress per Article 1, Section 8 of the U.S. Constitution. As the legislative body, Congress is charged with overseeing the inner workings of the Executive Branch and its federal agencies as a part of a system of checks and balances. However, as previously mentioned, this power is one of the implied powers of Congress, thus making it very difficult for many to delineate rightful oversight from reckless meandering. In the Constitution, for example, there is no singular mention of a definitive power such as “congressional oversight.” Consequently, there is no
Several regulatory agencies are responsible for licensing long-term care facilities to ensure compliance of laws and regulations. Regulatory agencies also receive and investigate complaints that are related to the facility and the services in which the facility provides (Walsh, 2014). All long-term care facilities are expected to abide by these regulations in an effort to ensure long-term care patients proper care, ethical treatment, safe living environments, and health care reimbursement.
The War of the Regulation was a revolution orchestrated by the Regulators that took place in the North Carolina colonies of British America between 1765 and 17711. The citizens of these colonies were fighting against the colonial officials due to corruption, economic depression, and population increase. Furthermore, it is considered to have been the propeller of the American Civil War, as citizens fought for the same rights and the need for representation in the government. The revolution marked an important time in America’s history, as it highlights the importance of democracy and the need for equality across ethnic, class, and other social disparities. An understanding of the War of the Regulation highlights a significant time in the
The Regulators were a violent group. The leaders that were involved included Herman Husband, James Hunter, James Few, Charles Harrington, and Benjamin Merrill. They were dissatisfied with the colony’s wealthy, upper class leaders, who they considered corrupt and who imposed high taxes on the colonials. They rose up in rebellion against the Eastern tyrants. The culmination of their frustrations was directing their violence against the local and colonial leaders. After the battle, Tryon’s army traveled through Regulatory territory, where the Regulators sign loyalty oaths and destroyed properties of active Regulators. He raised taxes to pay for his militia’s defeat of the Regulators.
Congressional oversight: oversight by congress of the executive branch. This relates to this unit because in this unit we learn about the many things congress is in charge of, and its many functions in government. In this unit we discuss the different powers congress has and what powers it doesn’t have. With congressional oversight, congress has many powers such as protecting civil liberties, preventing fraud and waste, making sure the executive branch complies with the law, etc. The power of congressional oversight is important to American government and politics because it is an implied power of congress, and the idea of checks and balances is important in this country. Congress has committees and has the right to check the executive branch to make sure everything is in
The role of Congressional oversight is to monitor and indirectly supervise federal programs, agencies, and policies. Other roles of Congress are to hold Congressional Hearing and Investigation in which they invite or in some cases compels high ranking official of the executive branch to appear before Congress to answer target question regarding IC operation. Not only is Congress task with monitor of these different agencies they also have the power to authorize programs and appropriate funds. When it comes to authorization and appropriation of funds, this give Congress a more powerful tool to have when it come the oversight and control of intelligence activities which should not
Law enforcement utilizes the Patriot Act through enhance surveillance techniques and search warrant opportunities all of which are approved by the court system but not exactly “monitored.” Judges and magistrates within the court system deny bond, incarcerate, and hold hearings concerning liberties and collateral violations in the name of fighting terrorism. An excellent example of
Periodically assess the risk of criminal conduct and implement the appropriate steps to design or modify the requirements set forth in the Federal Sentencing Guidelines subsection B2 that refers to the seven elements of an effective ethics compliance program which are:
The Executive Branch is a one of unique power and responsibilities, but as of late Congress seems to be taking the route of respect over oversight. Many Congressmen respect the position of president, especially if he or she belongs to your party. This respect in recent history has been abused; Congressmen see the position of president as someone who can do no wrong. As you can see this can be problematic when a president does do something that is illegal or even questionable because then Congress will not act out of respect for the president. This is the most important problem that needs to change to improve oversight. It is effectively giving the Executive Branch a free pass on anything out of respect, when it is the Legislative Branch that
The Food and Drug Administration has proposed and created several regulations throughout the years. One of them is the regulation to establish a list of qualifying pathogens that may have the potential to propose or cause a great threat. According to the FDA, this proposed rule would implement a provision of the Generating Antibiotic Incentives Now of the FDA. This regulation would assist in reassuring the development of new antibacterial and antifungal drugs. Before the development of new drugs, the FDA must take into consideration the effect on public health due to drug- resistant organisms in humans. The purpose of this paper will be to discuss and highlight what this regulation truly means and the issues surrounding it.
The Freedom of Information Act was enforced when our government realized the importance of the relationship between access to information and government accountability. This act enables citizens to view a plethora of different files and records from government agencies. This act proved to be “a principal instrument for breaking down bureaucratic secrecy in American public administration” (p. 62).