How a Bill Becomes a Law and Its Implementation by Bureaucracy

Introduction to the Legislative Process

• Bill Introduction: Introduced in the legislative branch (U.S. Congress at the federal level).
• Congress Approval: Must pass both houses of Congress.
• Presidential Approval: Becomes a law if signed by the President or if a presidential veto is overridden by Congress.

Implementation of Laws

• Role of Bureaucracy: Part of the executive branch, responsible for implementing the law.
  • It comprises the majority of federal employees.
  • Key authorities:
    • Rule-making authority: Bureaucracy sets specific rules for implementation not specified in the law.
    • Discretionary authority: Bureaucracy has the discretion to decide how to implement the law.

Example: Title IX Implementation

• Title IX of the Education Amendments of 1972: Prohibits sex-based discrimination in education programs receiving federal financial assistance.
• Passing and Signing: Passed by Congress and signed by President Nixon.

Role of Bureaucracy

• Departments Involved: Multiple federal departments, including the Department of Education, implement Title IX.
• Department of Education's Rules and Regulations:
  • Rule-making Authority: Sets conditions for federal financial assistance applications.
    • Example: Applications must include assurances satisfactory to the assistant secretary.
  • Discretionary Authority: Assistant Secretary’s discretion to approve if requirements are met.

Oversight of Bureaucracy

• Congressional Oversight: Congress maintains oversight over the bureaucracy.
• Judicial Oversight: Supreme Court can declare rules or regulations unconstitutional.

Conclusion

• Separation of Powers: Legislative branch passes laws; executive implements them.
• Role of Bureaucracy:
  • Responsible for the detailed implementation of laws.
  • Utilizes rule-making and discretion in execution.
  • Holds significant power in shaping how laws affect the public.