Topic for today and beyond''

1
Topic for today and beyond..

• Starting today, we will begin a new section in
  the course.
• We will discuss four different players that
  play significant roles in the policy process.
• These players are the legislature, the executive
  branch, the judiciary, and the interest groups.
• We will discuss these topics rather quickly, so
  please keep an eye on what we are discussing and
  take good notes.

2
Andersons Policy Process Model
3
The legislature

• Where does the legislature fit in Andersons
  policy process model?
• The obvious answer to this question is, Steps 2,
  3 and 4since they are the ones that enact
  policies.
• As we will soon find out, thats only part of the
  contribution of the legislature in the policy
  process.

4
Who/what is the legislature?

• When we say the legislature what is the first
  government body that comes to mind?
• The most common answer would probably be the
  House and the Senate, which are federal
  legislatures.
• But legislatures can be state, or local as well,
  although the make-up and procedures may be
  different based on the jurisdiction.
• Our discussion will be on the federal
  legislatures.

5
Powers of the Legislature

• We know that the Congress can do certain things,
  enact laws for one. But where does this power
  come from? Who or what gives Congress the
  authority to do these things?
• The constitution!!
• The U.S. Constitution grants specific powers to
  the legislature.

6
Powers of the Legislature contd.

• Now what are these powers?
• The principal powers granted by the constitution
  are
• Enacting laws
• Raising and allocating funds
• Overseeing the implementation of laws.

7
Powers of the Legislature contd.

• Now we can see, that the legislature does more
  than just enacting laws.
• It ensures that there are enough funds to
  implement the laws.
• It also oversees the implementation of the laws.
  This power relates back to the continuous nature
  of the policy process.

8
Enacting laws

• Section VII of Article I of the U.S. Constitution
  authorizes Congress to pass bills that become law
  if approved by the president.
• Laws enacted by the legislature are generally
  called acts or statutes.
• Laws may be enacted for a variety of reasons, but
  in general, laws attempt to create, maintain, or
  restore order, stability, and justice.

9
Enacting laws contd.

• Environmental and forestry laws are the ones that
  concern us in our professional lives.
• These laws are usually aimed at changing or
  improving practices that have a significant
  impact on our natural environment.
• Now, that sounds good, but is that always the
  case? Remember winners and losers, and the
  concept of incentives, and Joness realities
  about the political process?

10
Raising and allocating funds

• Section VII of Article I also gives Congress
  specific powers such as .to lay and collect
  taxes, duties, imports, and excises, to pay the
  debt and provide for the common defense and
  general welfare of the United States.

11
Raising and allocating funds contd.

• How does the legislature raise funds?
• At the federal level, it is mostly done through
  taxes and borrowing.
• Some state governments have lottery programs that
  also raise funds.
• Congress allocates the funds to different federal
  departments and agencies for their annual
  expenditures.

12
Oversight

• Refers to the power of review and the ability to
  ensure that policies and programs are carried out
  correctly.
• How is it done?
• legislatures hold oversight hearings to review
  existing laws and programs.
• Federal legislatures frequently use the resources
  of an entity called the Government Accountability
  Office (GAO) in their oversight actions.

13
Limits of legislative power

• Remember the checks and balances in the U.S.
  government?
• This was done so that no one part of the
  government ends up with excessive power.
• This is why, there are some limits on the powers
  of the legislature.

14
Constitutional limitations

• The Constitution imposes many limitations on the
  powers of the legislature. Some examples
• Article I prohibits the Congress from suspending
  the right of habeas corpus
• The Congress is also prohibited from making
  something illegal retroactively, and taxing
  interstate trade.

15
Constitutional limitations contd.

• The first 10 amendments to the Constitution, also
  known as the Bill of Rights, place significant
  limits on congressional authority.
• These amendments also have substantial
  implications on natural resources.
• Freedom of speech, the right to assemble, and the
  rights to bear armsall of these can have
  significant natural resource management
  implications.

16
Constitutional limitations contd.

• Perhaps the most important of these amendments is
  the Fifth Amendment.
• It states that no person shall be deprived of
  life, liberty, or property, without due process
  of law nor shall private property be taken for
  public use without just compensation.
• This is also known as the takings clause and
  provides the basis for how far can the government
  go in regulating the use of private lands for
  public purposes.