Regulatory Power

Days 47–50: Oversight & Rulemaking

Ref: DB-L3-W10A
Unit: Machinery

Student Name: _________________________________________________

Date: ____________

The Power of Rulemaking

Congress often passes "skeleton" laws that set broad goals. It is up to the Executive agencies to fill in the details. This is called Rulemaking.

Once an agency (like the EPA) creates a rule, it has the force of law. If a company violates a rule, the agency can even hold a hearing to decide on a punishment. This is called Adjudication.

Check

Why might rulemaking violate Separation of Powers?

Congressional Oversight

Since agencies have so much power, Congress must "watch over" them. This is called Oversight.

The Power of the Purse
Cutting or increasing funding.

Hearings & Investigations
Forcing leaders to testify.

New Legislation
Rewriting laws to limit power.

Monitoring the Machinery

Oversight in Action

1. Explain how "The Power of the Purse" is the most effective check Congress has on the federal bureaucracy.

2. Why is it important for a representative democracy that unelected bureaucrats be held accountable to elected representatives in Congress?

3. Definition Match: What is the difference between Rulemaking and Adjudication?

Regulatory Power Reader

Regulatory Power Reader