Government and politics concepts · AP U.S. Government and Politics, AP U.S. History

Discretionary and rule-making authority

Discretionary and rule-making authority: The power of bureaucratic agencies to decide how to implement laws and to issue rules with the force of law.

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What it means

Congress often writes laws in broad terms and leaves details to agencies with expertise. Agencies then use discretion to interpret the law and issue regulations through a rule-making process that includes public comment.

Congress, the president and the courts all check this power: through funding and oversight, appointments and executive orders, and judicial review of agency rules.

Example

Congress requires clean air standards, and the Environmental Protection Agency issues regulations setting specific limits on pollutants.

On the exam

Discretionary authority is a Unit 2 concept and appears often in concept application scenarios about agencies.

Lessons and practice questions

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