POLS 210 Week 6 Discussion: The Federal Bureaucracy, Courts, and National Security

Recap

In the previous week’s assignment, we first discussed the current events in US politics and also composed Essay Two.

 Introduction to POLS 210 Week 6 Discussion

This How-To POLS 210 Guide is designed to help you tackle two critical aspects of American government: the role of national security within the federal government and the significant influence of the federal bureaucracy. By analyzing current news articles and applying academic concepts, you will gain a deeper understanding of the judicial oversight of national security agencies and the debated status of the federal bureaucracy as a potential “fourth branch” of government.

National security responsibilities fall across many entities in the federal government. The federal courts are often consulted to evaluate how far the federal government can go to keep Americans safe. Find a news article from the last eight weeks demonstrating judicial power over the actions of the federal bureaucracy (FBI, NSA, CIA, ICE, or other agencies or bureaus). Be sure to apply concepts from the textbook and weekly content.

Part One: National Security Responsibilities

In this part of the POLS 210 Week 6 Discussion: The Federal Bureaucracy, Courts, and National Security, we will explore the National Security Responsibilities.

Finding a Relevant News Article

• Research and Select: Use reputable news sources to find an article published within the last eight weeks. Focus on those that discuss the involvement of federal courts with national security agencies like the FBI, NSA, CIA, or ICE.
• Criteria for Selection: Ensure the article provides detailed examples of judicial interactions with these agencies, ideally involving recent court decisions or ongoing legal debates.

Analyzing Judicial Power Over Federal Bureaucracy

• Identify Key Points: Highlight instances where the judicial system has influenced or checked the power of national security agencies.
• Analyze the Impact: Discuss the implications of these judicial rulings or opinions on the actions and policies of the agencies involved.

Applying Textbook Concepts

• Link to Course Material: Compare the real-world scenario in your article with concepts from your textbooks or class content, such as checks and balances, judicial review, and the judiciary’s role in national security.
• Critical Analysis: Reflect on how well the textbook theories hold up against the practical examples you found in the news.

Example

In exploring the national security responsibilities of the federal government, I found a compelling article from The New York Times (2024) discussing a recent Supreme Court decision that impacts the National Security Agency (NSA). The case in question revolved around the extent of surveillance powers of the NSA, specifically its authority to collect bulk telephone records without obtaining a warrant. This decision is a crucial example of the judiciary’s role in checking the powers of a significant national security entity.

The Supreme Court, in a landmark ruling, emphasized the importance of maintaining a balance between national security and individual privacy rights (Savage, 2024). The court declared that such bulk-collection practices by the NSA violated the Fourth Amendment, which protects citizens from unreasonable searches and seizures. This decision underscores the judiciary’s crucial oversight role in preventing the potential overreach of national security agencies.

Analyzing this ruling, it’s evident that the judicial system plays a pivotal role in defining what is permissible for national security agencies under U.S. law. The implications of this decision are profound as it not only curtails the NSA’s surveillance capabilities but also sets a significant precedent for future privacy and security cases.

Applying concepts from my textbook, this scenario perfectly illustrates the system of checks and balances that is foundational to U.S. governance. The textbook highlights that while each branch of government has its powers, these powers are limited by the ability of the other branches to check them. Judicial review, a key concept discussed in our course, allows the courts to interpret the Constitution and limit the executive branch’s powers under which the NSA operates. This case is a textbook example of judicial review in action, as the Supreme Court used its authority to protect constitutional rights against executive overreach.

Reflecting on the textbook theories in light of this real-world scenario, it becomes clear that the practical application of these theories is relevant and essential for maintaining the balance of power within the government. The judiciary’s intervention in the actions of the NSA demonstrates the effectiveness of judicial review as a check on the executive branch’s powers, aligning closely with the theoretical frameworks discussed in our studies. This case serves as a critical reminder of the judiciary’s indispensable role in safeguarding democratic values and constitutional rights against the expansive powers of national security agencies.

The federal bureaucracy is sometimes called the “fourth branch” of the government because it wields significant power. Using a news article from the last eight weeks demonstrating this power, evaluate the bureaucracy as a co-equal branch of the federal government. Why or why isn’t it a “fourth branch”?

Part Two: The Federal Bureaucracy as a “Fourth Branch”

In this part of POLS 210 Week 6 Discussion: The Federal Bureaucracy, Courts, and National Security, we will explore the Federal Bureaucracy and a Fourth Branch.

I am choosing Federal agency powers in the crosshairs at the US Supreme Court for this part. (Chung & Kruzel, 2023).

Selecting a News Article

• Research and Select: Find a recent news article showcasing the federal bureaucracy’s power. Consider pieces that discuss regulatory decisions, policy implementations, or significant administrative actions.
• Criteria for Selection: The article should provide a clear example of bureaucratic power that can be analyzed for its scope and impact.

Evaluating the Bureaucracy’s Power

• Outline the Bureaucracy’s Actions: Describe the actions taken by the bureaucracy as detailed in the article.
• Evaluate the Influence: Assess whether these actions represent a power level comparable to the legislative, executive, or judicial branches.

Discussion on Bureaucracy as a Co-equal Branch

• Form an Argument: Based on your article and analysis, argue for or against the bureaucracy as a “fourth branch” of government.
• Support with Evidence: Use details from the article and textbook theories about government structure and power distribution as evidence for your argument.

Application of Theoretical Concepts

• Theoretical Integration: Apply concepts from your coursework to enhance your argument, linking practical examples with academic theory about the role and power of bureaucracy.

Example

In the article “Federal agency powers in the crosshairs at the US Supreme Court” by Chung & Kruzel (2023), we see a vivid demonstration of the significant influence wielded by federal agencies, specifically focusing on recent Supreme Court cases that question the extent of this power. This scrutiny by the highest court highlights the ongoing debate about whether the federal bureaucracy acts as a “fourth branch” of government.

The article discusses several cases where the Supreme Court is set to rule on the scope of regulatory powers held by federal agencies. These cases involve crucial policy areas such as environmental regulations and public health. The agencies in question, like the Environmental Protection Agency (EPA) and the Department of Health and Human Services, have enacted policies that significantly impact the public and the economy. The central issue is the doctrine of “Chevron deference,” which allows agencies to interpret ambiguous statutes, a power traditionally held by the judicial branch.

Evaluating the bureaucracy’s actions as described in the article, it becomes apparent that these agencies possess a level of influence that can be compared to legislative or executive powers. They create and enforce regulations that have wide-ranging effects, often without direct legislative approval (Chung & Kruzel, 2023). This capability to shape essential aspects of public policy and law places the bureaucracy in a position of substantial authority.

However, considering the bureaucracy as a co-equal branch poses challenges. The concept of checks and balances is fundamental to the American political system, designed to prevent any single branch from gaining too much power. While federal agencies exert significant influence, they are ultimately part of the executive branch, overseen by the president, and subject to judicial review. This hierarchical oversight suggests they do not completely stand as an independent branch.

The theoretical framework from our government structure coursework helps us understand this complex relationship. The theory of separation of powers is clear: an independent branch must have distinct, autonomous powers that are not significantly checked by other branches. Although federal agencies have considerable autonomy in their specific domains, their ultimate accountability to the executive branch and the judicial oversight exemplified in the Supreme Court cases indicate that they do not fully meet the criteria of a co-equal branch.

In conclusion, while the federal bureaucracy wields significant power that at times parallels the other branches of government, it does not operate with the complete independence that characterizes the legislative, executive, or judicial branches. Thus, it should not be considered a “fourth branch” but a powerful entity within the executive, shaped by legislative intent and judicial interpretation.

Closing

By completing the POLS 210 Week 6 Discussion: The Federal Bureaucracy Courts, and National Security: The Federal Bureaucracy, Courts, and National Security, you will understand the roles and limits of judicial power in overseeing national security and critically assess the expansive influence of the federal bureaucracy. This How-To Owlisdom Guide encourages applying theoretical knowledge to current events, fostering a practical understanding of American government dynamics.

Precap

In the upcoming week’s assignment, we will present our policy solution to Congress. We will make a PowerPoint presentation.

References

Chung, A., & Kruzel, J. (2023, July 5). Federal agency powers are in the crosshairs at the US Supreme Court. Reuters. https://www.reuters.com/legal/federal-agency-powers-crosshairs-us-supreme-court-2023-07-04/ 

Savage, C. (2024, April 30). N.S.A. Disclosure of U.S. Identities in Surveillance Reports Nearly Tripled in 2023. The New York Times. https://www.nytimes.com/2024/04/30/us/politics/nsa-warrantless-surveillance-americans.html