Discussion 1 /rulemaking
INSTRUCTIONS: USE TEXTBOOK (Kerwin, cornelius and furlong,scott, rulemaking: How Government Agencies Write Law and Make Policy, Latest Edition, Thousand Oaks, CA/SAGE,CQ Press.)
(150 WORDS TO EACH RESPONSE)
RESPONSE#1
What are the relevant corresponding issues between rule making and self-interest in the assigned reading from Chapter 1 in the Kerwin & Furlong’s textbook?
Rulemaking is crucial in government, where agencies create detailed regulations to implement laws passed by Congress. This process is deeply tied to the self-interests of various political participants, which include Congress, the President, judges, interest groups, state and local governments, and bureaucrats, thus shaping public policy in the United States.
Congress delegates the power to create specific regulations to agencies, avoiding the political risks of detailed legislative proposals. This allows members to focus on reelection activities, while still being able to intervene in the rulemaking process when necessary (Kerwin & Furlong, 2019). Presidents use rulemaking to influence public policy, especially during divided government. By directing federal agencies to implement policies aligned with their goals, Presidents can control public policy without needing direct negotiation with Congress. Judges review rules created by federal agencies to ensure consistency with the law. As an opportunity for the exercise of authority and power by the courts, rulemaking makes it much easier for judges to supervise and impose their will on the operations of bureaucracies (Kerwin & Furlong, 2019). This judicial review process allows judges to influence agency operations and ensure that regulations align with legal standards. Interest groups leverage rulemaking to influence regulations with their specialized knowledge and resources. Their participation ensures that rules reflect their members’ interests, using the technical nature of rulemaking to their advantage. State and local governments influence rulemaking through their own powers and enforcement responsibilities. Federal rule-makers must consider these entities’ needs, ensuring that their interests are integrated into the regulatory framework for effective policy implementation. Bureaucrats within government agencies have diverse motivations influencing rulemaking. Whether driven by career advancement, a desire to impact public policy, or to stabilize their working environment, bureaucrats shape regulations to align with their personal and professional goals (Kerwin & Furlong, 2019).
Reference:
Kerwin, C. M., & Furlong, S. R. (2019). Rulemaking: How government agencies write law and make policy. CQ Press, an imprint of SAGE Publications, Inc.
RESPONSE#2
The interconnection between rulemaking and self-interest creates a complex web of theoretical and practical links (Kerwin & Furlong, 2019). Rulemaking involves the nuanced interpretation of laws and the alignment of rules with their intended meaning, requiring a comprehensive understanding of legislative intent and context. Simultaneously, self-interest seeks to uncover the motivations and objectives of individuals or groups that influence policy decisions, including their values, beliefs, and goals. Both processes encounter challenges like information asymmetry, power imbalances, and uncertainty. In such circumstances, those with greater access to information or influence may have a significant advantage, potentially leading to unequal outcomes.
Moreover, conflicting interests often emerge as various stakeholders pursue their agendas, resulting in tensions and conflicts. Additionally, incentives play a crucial role in shaping behavior, as individuals or groups are driven by various factors, including personal gain, ideological convictions, or altruistic concerns. However, despite these complexities, both rulemaking and self-interest are tempered by ethical considerations. In the context of rulemaking, agencies are accountable to Congress and the public, ensuring transparency and accountability. This transparency in the process keeps us informed and involved, enhancing our trust in the system.
Similarly, in self-interest scenarios, individuals or groups are responsible to themselves and others, acknowledging the need for fairness and ethical conduct. Balancing these competing demands is crucial for creating justifiable policies that benefit all stakeholders. By recognizing the interconnectedness of rulemaking and self-interest, we can better understand the dynamics and strive toward more equitable and ethical decision-making processes.
Kerwin, C. M., & Furlong, S. R. (2019). Rulemaking: How government agencies write laws and make policy.
CQ Press, an imprint of SAGE Publications, Inc.
