Agency Heads and Rulemaking
After the president is sworn in, he or she appoints heads to all of the agencies. These appointees must then be confirmed by the Senate. Typically, agency heads share the same political beliefs as the president, though they may lack experience in the political realm. Agency heads often begin their role with an aspiration to create change. However, many also leave their positions mystified because they were unable to be as influential as they thought. What many agency heads fail to realize is that rulemaking as a process does not change. A prescribed set of stages must be followed to create rules. In this way, the power of agency heads is somewhat limited. Nevertheless there are more covert ways in which agency heads might influence the rulemaking process. In this assignment, you consider the degree to which agency heads influence rulemaking and the degree to which they should influence rulemaking.
To prepare for this Discussion:
After the president is sworn in, he or she appoints heads to all of the agencies. These appointees must then be confirmed by the Senate. Typically, agency heads share the same political beliefs as the president, though they may lack experience in the political realm. Agency heads often begin their role with an aspiration to create change. However, many also leave their positions mystified because they were unable to be as influential as they thought. What many agency heads fail to realize is that rulemaking as a process does not change. A prescribed set of stages must be followed to create rules. In this way, the power of agency heads is somewhat limited. Nevertheless there are more covert ways in which agency heads might influence the rulemaking process. In this assignment, you consider the degree to which agency heads influence rulemaking and the degree to which they should influence rulemaking.
To prepare for this Discussion:
- Review the stages of rulemaking in the assigned pages of Chapter 2 in the course text, Rulemaking: How Government Agencies Write Law and Make Policy.
- Review the assigned pages of Chapter 7 in the course text, Rulemaking: How Government Agencies Write Law and Make Policy and the article “Political Institutions, Public Management, and Policy Choice.” Focus how agency heads might influence rulemaking.
- Review the article, “Ruminations on the Study of American Public Bureaucracies.” Consider the extent to which agency heads are controlled in the rulemaking process.
- Review the assigned pages of Chapter 1 in the course text, Rulemaking: How Government Agencies Write Law and Make Policy. Think about how agency heads might benefit from rulemaking.
- Review the online article, “Ex-FDA Chief Would Not Aid Plan B Inquiry.” Think about how the political beliefs of the commissioner of the FDA may have influenced the rulemaking process.
- Reflect on how agency heads might influence rulemaking.
- Consider your thoughts about the degree to which agency heads should influence rulemaking.
With these thoughts in mind:
Post by Day 4 an explanation of two ways in which agency heads might influence rulemaking. Then explain the degree to which you think agency heads should influence rulemaking. Justify your explanation with academic resources.
Be sure to support your postings and responses with specific references to the Learning Resources.
Read a selection of your colleagues' postings.
Respond by Day 7 to at least one of your colleagues' postings in one or more of the following ways:
Post by Day 4 an explanation of two ways in which agency heads might influence rulemaking. Then explain the degree to which you think agency heads should influence rulemaking. Justify your explanation with academic resources.
Be sure to support your postings and responses with specific references to the Learning Resources.
Read a selection of your colleagues' postings.
Respond by Day 7 to at least one of your colleagues' postings in one or more of the following ways:
- Ask a probing question.
- Share an insight from having read your colleague’s posting.
- Offer and support an opinion.
- Validate an idea with your own experience.
- Make a suggestion.
Presidential Transitions, Administrative Agencies, and Rulemaking
Presidential elections are choices; one candidate offers her/his vision of a policy, criticism comes from the opponent, voters take sides, and one wins. In the weeks between the election results and the presidential transition, there is a push to create and execute as many new rules as possible so that the existing administration can leave its "mark" on the government. This is called midnight rulemaking. Similarly, in the first weeks of the new administration, there also is a push to create and execute as many new rules as possible to signify to voters that election promises are being carried out.
After an election, a new president and vice president have 7,000 positions which they must fill in Cabinet and other agencies, without affecting the many more career civil service positions below that level. Along with the newly appointed people come a mixed collection of policy ideas derived from campaign promises, news media expectations, and candidates' strategies for positive change. Critics and supporters alike watch carefully for altered, newly created, and withdrawn rules during the initial phase of the new administration. The most impactful and controversial changes may appear over several months time, sometimes as a result of the gathering of consensus among the newly appointed officials who are responsible for creating and executing rules for the most controversial policy areas.
To prepare for this Discussion:- Review the article, "Midnight Regulations and Regulatory Review." Think about how presidential transitions affect administrative agencies and the rulemaking process.
- Review the online articles, "Will Bush's Midnight Rules be Reversible?" and "Midnight Regulations." Focus on the midnight rules that President Bush finalized in the weeks before he left office. Then consider if or how President Obama might withdraw or alter them.
- Select a controversial policy area (e.g. – stem cell research, energy, environment, reproductive rights, etc.) that was affected by a specific presidential transition.
- Using the Internet and the Walden Library, perform a search about how a specific administrative agency and its rules related to the policy area you selected were affected by a presidential transition. Pay particular attention to specific rules that were altered, created, or withdrawn.
Post by Day 3 a brief description of the policy area you selected. Then explain how a specific presidential transition affected at least one administrative agency and its rules related to the policy area. In your explanation be sure to include brief descriptions of specific rules that were altered, created, or withdrawn.
Be sure to support your postings and responses with specific references to the Learning Resources.
Read a selection of your colleagues' postings.
Respond by Day 5 to at least one of your colleagues' postings in one or more of the following ways:- Ask a probing question.
- Share an insight from having read your colleague's posting.
- Offer and support an opinion.
- Validate an idea with your own experience.
- Make a suggestion.
- Expand on your colleague's posting.
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