Essay on "Classification of Federal Agencies"

Essay 4 pages (1256 words) Sources: 3

[EXCERPT] . . . .

d.). Notably, the agencies have the rulemaking power and function because of their specialization and experience in decision-making. Since these agencies deal with the rule-making processes or aspects, they have a huge impact on people's lives. There are various types of administrative agencies that have different roles and functions including

Local Police Department:

The local police department is one of the administrative agencies and part of the criminal justice system. The mission of the local police department is improve the quality of life for the local residents through the enforcement of law, lessening the occurrence and fear of crime, and ensuring order and safety of the public ("Police Department," 2000). While the agency is divided into several administrative units, its major impact in my life has been the improvement of safety.

Local Fire and Rescue Department:

This administrative agency has the responsibility of responding to emergencies, particularly fire incidents. The fire department is equipped to ensure that there is effective response protect people and prevent huge loss of property during fire incidents. This agency has impacted my life by providing safety during fire emergencies.

Waste and Water Department:

The main function of this administrative agency is to ensure water management and sanitation within the local environment. The impact of the department has been its processing of hazardous waste to provide safety and ensure that there is clean water for the residents.

The Effectiveness of the Legal System:

The effect

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iveness of the legal system can be identified through various factors including the review of various cases. An example of such cases includes the judicial review case regarding the complaint filed by Sturm, Ruger & Company, Inc. challenging the data collection initiative of the Occupational Safety and Health Act. According to the act, the Secretary of Labor has been authorized to disseminate workplace safety and health standards. Moreover, the Secretary of Labor has also been directed to provide legislations that require workers to maintain accurate records of and provide occasional reports about work-related injuries, illnesses, and deaths. Therefore, the Secretary has the power and responsibility to give citations and to evaluate consequences of violations of the Act ("300 F.3d 867: Sturm Company, Inc.," 2002).

After a series of events, Sturm Ruger Company filed a complaint challenging the Data Collection Initiative of OHSA on the basis that it was invalid because it necessitated workers to provide employment data regardless of the lack of legislations requiring workers to do so. The company's argument in the complaint was based on a certain section of the Act with which the Secretary shall prescribe the filing of the reports according to the law. The judicial review process conducted due to the arguments in the case provided a basis for consideration of the already enacted legislation. This contributes to the effectiveness of the legal system since the enacted laws need to provide adequate procedures regarding existing problems. Judicial review enables the legal system to evaluate existing policies and enhance their efficiency.

Conclusion:

The legislative arm of government is composed of several agencies and components that enable it to accomplish its functions. These include federal and administrative agencies that are guided by constitutional principles and mandates which the agencies must adhere to.

References:

"Discretional Powers." (n.d.). U.S. Legal, Inc. Retrieved February 26, 2012, from http://administrativelaw.uslegal.com/administrative-agencies/discretionary-powers/

Nylander, J. (2006, November). Administrative Law -- The Administrative Procedure Act.

Retrieved February 26, 2012, from http://www.michbar.org/journal/pdf/pdf4article1078.pdf

"Police Department." (2000, November 8). Philadelphia Information Locator Service. Retrieved from Department of Records -- City of Philadelphia website: http://www.phila.gov/phils/docs/inventor/graphics/agencies/A079.htm

"300 F.3d 867: Sturm, Ruger & Company, Inc., Appellant v. Elaine Chao, Secretary." (2002,

August 23). Justia.com -- U.S. Law. Retrieved February 26, 2012, from http://law.justia.com/cases/federal/appellate-courts/F3/300/867/545887/ READ MORE

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Quoted Instructions for "Classification of Federal Agencies" Assignment:

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Discussion 1: Organization and Classification of Federal Agencies. Students will respond to the following: o The Administrative Procedure Act (APA) is the law under which U.S. government federal regulatory agencies create the rules and regulations necessary to implement and enforce major legislative acts. Speculate as to what might happen if they become indiscriminant in their rule-making activities. o Assess the effectiveness of the constitutional principle that the legislative, executive, and judicial functions of government should not exist in the same person or group of persons. Provide an example of an instance when this does not work as intended. • Discussion 2: Powers of Administrative Agencies. Students will respond to the following: o Choose three administrative agencies and explain the direct impact these have had on your life. o In the case, Sturm, Ruger & Company, Inc., referenced in the e-Acitvity above, filed a complaint in the United States District Court challenging the OSHA’s Data Collection Initiative as unlawful. The court concluded that it lacked subject matter jurisdiction over the complaint, and that the company must pursue its claims through the review process prescribed by the Occupational Safety and Health Act. Summarize how this example of judicial review contributes to the effectiveness of the legal system.

e-Activity: • Review the information for this week’s case at the following link: http://law.justia.com/cases/federal/appellate-courts/F3/300/867/545887/

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