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Video transcript

in many videos we have talked about how a bill can become a law it first gets introduced into the legislative branch which in the United States is the US Congress at the federal level and if it passes both houses of Congress then the bill will go to the President and if the president signs the bill or if the president vetoes the bill but then it gets overruled by the legislative then let's just assume that the president signs signs the bill then that bill becomes a law it becomes a law but the question is is how is this law actually implemented and you might guess that that is the work of the bureaucracy and we've already talked about the bureaucracy in multiple videos already their bureaucracy is part of the executive branch it's actually the bulk of federal employees and as we'll see as part of this implementing process the bureaucracy has authority on rulemaking and it also has discretionary authority let me write that down so the bureaucracy bureaucracy is going to implement the law and they have different types of authority to do so they have rulemaking Authority where for specific circumstances they might say hey this is how it's going to work that the law itself does not specify but based on what that law is trying to do they're going to set some rules and as we'll see the people working inside the bureaucracy many of whom are experts on whatever policy they are trying to implement have some discretion on how they actually implement this law so their authority sometimes you'll hear rulemaking Authority and discretionary authority and as an example of that we can look at what is often known as title 9 so this right over here is title 9 of the education amendments of 1972 it passed through Congress and then was signed into law by President Nixon and it says no person in the United States shall on the basis of sex be excluded from participation in be denied the benefits of or be subjected to discrimination under any education program or activity saving federal financial assistance so this gets through the legislature President Nixon signs it becomes a law but then how does this thing actually get implemented and so this as we've already talked about is the job of the bureaucracy and it's not just one department many departments of the federal government are going to have to think about how do they implement this statute right over here and it's an example of how say the Department of Education thought about it I'll give you a little bit of an excerpt from their rules and regulations so this right over here is part of the rules and regulations from the Department of Education in their attempt to implement title 9 and as I read think about the what part of this really shows the bureaucracies rulemaking Authority and what part shows its discretionary authority every application for federal financial assistance shall as condition of its approval contain or be accompanied by an assurance from the applicant or recipient satisfactory to the assistant secretary that the education program or activity operated by the applicant or recipient and to which this part applies will be operated in compliance with this part so that is a mouthful I will help you parse it a little bit so in this document the term applicant and recipient these are the institutions that are either applying for federal assistance or have already received financial assistance and it's saying every application for federal financial assistance shall as condition for its approval contain or be accompanied by an assurance from the applicant or recipient so to big picture this whole thing is a rule that is being set up by the Office of Civil Rights within the Department of Education so it clearly shows rulemaking Authority and this is just one part of a much much much larger document full of rules on how just the Department of Education is thinking about title 9 and these things have the rule of law even though they every detail here has not been passed through Congress now of course Congress will have forms of oversight over this the Supreme Court can also deem certain rules or regulations to be unconstitutional if it thinks that they are unconstitutional now another thing in this clause right over here that I just read you might have noticed satisfactory to the assistant secretary so it's the assistant Secretary's discretion as to whether an institution has met the requirements so once again this shows the discretionary authority of the bureaucracy so the big takeaway here is it is the legislative branch that is responsible for passing laws and then you have the president that would sign something into law but once it's a law there's a lot of details to be worked out in terms of how it's implemented and that is the job of the bureaucracy and in order to do that they make rules and regulations and those rules and regulations also have the force of law and on top of that there's going to be opportunities for them to exercise their discretion