This is a graded discussion: 30 points possible
due –
Discussion 4 (Complete by
Sunday, Dec. 4)
13 13
This discussion aligns with Learning Outcomes 1–5.
Direction
The doctrine of separation of powers is integral to America’s system of
governance. To this end, many have pointed to the growth of the federal
bureaucracy as a direct affront to this constitutional provision, as agencies
in the bureaucracy make and execute laws, as well as issue rulings in the
same way that the three branches of government do within their respective
spheres of influence. To this end, the federal bureaucracy has been deemed
an unaccountable, fourth branch of government. With this in mind,
Select one of the bureaucratic agencies (cabinet departments or
independent agency/regulatory boards and commissions) from Official
US Executive Branch Web Sites
(https://www.loc.gov/rr/news/fedgov.html) .
Next, identify the function of your chosen agency. Does it function
include executive, legislative, or judicial powers.
Search entries or author
Finally, make an assessment of your selected agency: Does its function
violate the doctrine of the separation of powers. Why or why not?
Be sure to properly cite your sources from the reading as well as any others
used. Sources should cited using APA 6 edition style and format.
Submission
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substantively to the initial posts of at least two other classmates on two
different days. All posts should be reflective and well written, meaning free
of errors in grammar, sentence structure, and other mechanics.
Grading
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Sarkis Boyajian (https://canvas.fscj.edu/courses/65283/users/135004)
Saturday
I’ve decided to assess the Federal Bureau of Investigation, also known
as the FBI. The FBI is an intelligence-driven and threat-focused national
security organization with both intelligence and law enforcement
responsibilities. It is the principal investigative arm of the U.S.
Department of Justice (1). Its mission is to protect America and uphold
the Constitution (2). Its primary investigative functions are divided into
programs such as domestic and international terrorism, foreign
counterintelligence, and cybercrime, to name a few. The FBI’s
investigative authority is the broadest of all federal law enforcement
agencies (3).
The FBI’s functions include executive power. Although it is not a national
police force, it is one of many federal agencies with law enforcement
responsibilities (4). It has the power to arrest citizens during an
investigation. Those arrestees are taken into custody, photographed,
fingerprinted, and held until an initial court appearance (5). FBI agents
may use deadly force if they have a reasonable belief that someone
poses an imminent danger of death or serious physical injury to the
agent or another person (6). The FBI is a member of the Executive
Branch of the U.S. Government and possess the executive power it needs
to carry out and enforce the law.
The FBI is subject to separation of powers. Even if a crime violates
federal law, State and local law enforcement agencies are not
subordinate to the FBI, and the FBI does not supervise or take over their
investigations (7). Congress—through several oversight committees in
the Senate and House—reviews the FBI’s budget appropriations,
programs, and selected investigations. The results of FBI investigations
are often reviewed by the judicial system during court proceedings. The
FBI’s activities are closely and regularly scrutinized by a variety of
entities (8).
Although the FBI is subject to separation of powers, there isn’t much
citizen oversight. Citizens cannot obtain information about current FBI
investigations. That information is protected from public disclosure by
law or FBI policy (9). The FBI does not provide copies of identification
records or criminal history records to individuals other than the subject
of the record (10). The distribution of FBI fugitive material is limited to
authorized law enforcement and government agencies and to legitimate
media and public entities where a direct law enforcement purpose is
served (11). Although the FBI deals with sensitive material, active
investigations, and individuals that are innocent until proven guilty, there
is little to no citizen oversight of this bureau that has some of the
broadest authority of all federal law enforcement agencies.
References:
1. What is the FBI? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/what-is-the-fbi
(https://www.fbi.gov/about/faqs/what-is-the-fbi)
2. What is the mission of the FBI? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/what-is-the-mission-of-the-fbi
(https://www.fbi.gov/about/faqs/what-is-the-mission-of-the-fbi)
3. What are the primary investigative functions of the FBI? (2022).
Retrieved from fbi.gov: https://www.fbi.gov/about/faqs/what-are
Retrieved from fbi.gov: https://www.fbi.gov/about/faqs/what-arethe-primary-investigative-functions-of-the-fbi
(https://www.fbi.gov/about/faqs/what-are-the-primary-investigativefunctions-of-the-fbi)
4. Is the FBI a type of national police force? (2022). Retrieved from
fbi.gov: https://www.fbi.gov/about/faqs/is-the-fbi-a-type-ofnational-police-force (https://www.fbi.gov/about/faqs/is-the-fbi-atype-of-national-police-force)
5. What does the FBI do with persons it arrests in the course of an
investigation? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/what-does-the-fbi-do-withpersons-it-arrests-in-the-course-of-an-investigation
(https://www.fbi.gov/about/faqs/what-does-the-fbi-do-with-persons-itarrests-in-the-course-of-an-investigation)
6. What is the FBI’s policy on the use of deadly force by its special
agents? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/what-is-the-fbis-policy-on-theuse-of-deadly-force-by-its-special-agents
(https://www.fbi.gov/about/faqs/what-is-the-fbis-policy-on-the-use-ofdeadly-force-by-its-special-agents)
7. If a crime is committed that is a violation of local, state, and federal
laws, does the FBI “take over” the investigation? (2022). Retrieved
from fbi.gov: https://www.fbi.gov/about/faqs/if-a-crime-iscommitted-that-is-a-violation-of-local-state-and-federal-lawsdoes-the-fbi-take-over-the-investigation
(https://www.fbi.gov/about/faqs/if-a-crime-is-committed-that-is-aviolation-of-local-state-and-federal-laws-does-the-fbi-take-over-theinvestigation)
8. Who monitors or oversees the FBI? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/who-monitors-or-oversees-the-fbi
(https://www.fbi.gov/about/faqs/who-monitors-or-oversees-the-fbi)
9. Can I obtain detailed information about a current FBI investigation
Reply
that I see in the news? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/can-i-obtain-detailedinformation-about-a-current-fbi-investigation-that-i-see-in-thenews (https://www.fbi.gov/about/faqs/can-i-obtain-detailedinformation-about-a-current-fbi-investigation-that-i-see-in-the-news)
10. Does the FBI provide arrest records at the request of private citizens?
(2022). Retrieved from: https://www.fbi.gov/about/faqs/does-thefbi-provide-arrest-records-at-the-request-of-private-citizens
(https://www.fbi.gov/about/faqs/does-the-fbi-provide-arrest-records-atthe-request-of-private-citizens)
(https://canvas.fscj.edu/courses/65283/users/89114)
Amanda Kimball
(https://canvas.fscj.edu/courses/65283/users/89114)
Wednesday
Reply
Hi Sarkis. Your post was very thorough and informative. I have not
dug into other federal organizations too much but I feel as though l
am seeing a pattern in where there is less citizen oversight of an
organization exists, there is more “gray” in adherence to the
separation of powers doctrine.
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Christine Hansen
(https://canvas.fscj.edu/courses/65283/users/1404)
Wednesday
Reply
Good post, Sarkis. You did a great job of researching this.
Dr. Hansen
(https://canvas.fscj.edu/courses/65283/users/10700)
Rosita Yaworskir (https://canvas.fscj.edu/courses/65283/users/10700)
Tuesday
The Federal Bureau of Investigation (FBI) does not make laws but they
do get to interpret laws and execute the enforcement of laws. The
interpretation of laws is essentially the same as making laws because
they have the ability to interpret the law in a way to provides them a
justification of finding a means to their selecting end.
The FBI functions in the executive branch and therefore their function is
executive. However, as mentioned previously, they have the ability to
interpret laws in a wide variety of ways that provides them an
extraordinary power of enforcement. They also get to encroach on the
judicial powers in limited circumstances through the Patriot Act. The
Patriot Act provides the FBI with the ability to execute expanded records
searches beyond normal limits of the law, “Secret searches…expands the
government’s ability to search private property without notice to the
owner. (Section 213)” (ACLU, n.d.), “Intelligence searches. It expands a
narrow exception to the Fourth Amendment that had been created for the
collection of foreign intelligence information (Section 218)” (ACLU, n.d.),
collection of foreign intelligence information (Section 218)” (ACLU, n.d.),
and “”Trap and trace” searches. It expands another Fourth Amendment
exception for spying that collects “addressing” information about the
origin and destination of communications, as opposed to the content
(Section 214)” (ACLU, n.d.). These expanded abilities help the FBI in
their continuing assault on American Constitutional rights. The FBI only
needs to fit their “target” into the mold provided above in order to begin
violating citizen rights.
The ACLU explains the danger of these expanded powers by writing, “The
FBI does not even have to show a reasonable suspicion that the records
are related to criminal activity, much less the requirement for “probable
cause” that is listed in the Fourth Amendment to the Constitution. All the
government needs to do is make the broad assertion that the request is
related to an ongoing terrorism or foreign intelligence investigation”
(n.d.).
Finally, the FBI essentially eliminates the Judicial branch with these
expanded powers. The ACLU explains, “Judicial oversight of these new
powers is essentially non-existent. The government must only certify to a
judge – with no need for evidence or proof – that such a search meets the
statute’s broad criteria, and the judge does not even have the authority to
reject the application” (n.d.). The provision of separation of powers is
being constantly assaulted and the FBI is just one of the criminal
elements happily violating constitutional rights by abusing their
expanded powers.
References
Surveillance under the USA/Patriot Act. American Civil Liberties Union.
(n.d.). Retrieved November 29, 2022, from
https://www.aclu.org/other/surveillance-under-usapatriot-act
Reply
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Sarkis Boyajian
(https://canvas.fscj.edu/courses/65283/users/135004)
Wednesday
Reply
It’s an interesting perspective that the FBI need only “fit their target
into a mold” to exercise extreme powers. I found the FBIs
explanation of their ability to install wiretaps similar in nature to your
examples. For example, their site says “It is used infrequently and
only to combat terrorism and the most serious crimes.” (1). So when
they say terrorism, that’s easily considered threats from abroad. But
what about the newly coined terminology of domestic terrorism often
applied to the January 6 protests? I don’t condone trespassing
federal buildings but what about everybody else that was there that
observed the law? Are they subject to wire taps now? The FBI’s
website also says “After determining if a sufficient showing of
probable cause has been made, impartial federal judges approve or
disapprove wiretaps.” (1). Impartial federal judges making
determinations on criminal probable cause? Ha! Again, seems like a
condition that could be easily manipulated.
Reference:
1. Are FBI special agents permitted to install wiretaps at their own
discretion? (2022). Retrieved from fbi.gov:
https://www.fbi.gov/about/faqs/are-fbi-special-agentspermitted-to-install-wiretaps-at-their-own-discretion
(https://www.fbi.gov/about/faqs/are-fbi-special-agents-permitted-toinstall-wiretaps-at-their-own-discretion)
th
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Christine Hansen
(https://canvas.fscj.edu/courses/65283/users/1404)
Yesterday
Reply
Well done, Rosita. Ultimately, the public can hold the FBI accountable
for conducting operations that are compatible with constitutional
rights. It’s not correct to say that they can just search anyone’s
property without notice. There would have to be a clearly-established
legal basis that could be argued successfully before a judge.
Dr. Hansen
(https://canvas.fscj.edu/courses/65283/users/128632)
Joseph Lewis (https://canvas.fscj.edu/courses/65283/users/128632)
Tuesday
The Department of Defense (DoD) is one of the nation’s largest employers, with
approximately 1.4 million Active Component, 836,000 Selected Reserve and
245,000 Individual Ready Reserve forces; and 735,000 appropriated and 126,000 nonappropriated civilian employees. Our military service members and civilians operate in
every time zone and in every climate, and more than 450,000 of our employees serve
overseas. As one of the nation’s largest health-care providers, the DoD cares for almost
9.5 million beneficiaries. DoD executes a multibillion dollar global supply chain,
manages a five million item inventory, and operates with a $500 billion dollar budget. The
DoD’s real property infrastructure includes over 561,975 facilities located on 4,800 sites
worldwide. These sites represent nearly 25 million acres; sized from the training ranges of
nearly 3 million acres, such as Nellis Air Force
Agencies establish a variety of organizational goals to drive progress toward key
outcomes for the American people. Long-term strategic goals articulate clear statements
of what the agency wants to achieve to advance its mission and address relevant national
problems, needs, challenges and opportunities. Strategic objectives define the outcome or
Reply
problems, needs, challenges and opportunities. Strategic objectives define the outcome or
management impact the agency is trying to achieve, and also include the agency’s role.
Each strategic objective is tracked through a suite of performance goals, indicators and
other evidence.
The President, as Commander-in-Chief of the armed forces, is the senior military
authority in the nation ultimately responsible for the protection of the U.S. from all
enemies, foreign and domestic. We report to our Commander-in-Chief and execute the
directions of the administration elected to serve the nation. The U.S. Congress is our
Board of Directors as part of the Constitution’s system of checks and balances. We further
have responsibility to our armed forces who risk their well-being for the nation. The
American people are our citizen stockholders we exist to protect. In developing the
DoD Agency Strategic Plan, periodic consultations have included solicitation and
consideration of views and suggestions with our interested stakeholders.
Department of Defense (DOD). Performance.gov. (n.d.). Retrieved
November 29, 2022, from
https://obamaadministration.archives.performance.gov/agency/depa
rtment-defense.html
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Sarkis Boyajian
(https://canvas.fscj.edu/courses/65283/users/135004)
Wednesday
The Department of Defense doesn’t seem to holistically violate
separation of powers. At least in theory. However, in practice, it
seems to happen. For example, the assessments already made on
one of the DOD’s departments, the FBI. Another example might be
the DOD’s departure from Afghanistan. We left 7 billion dollars of
military equipment in that country (1). Does the DOD have the power
to give away a) that kind of military capability to a foreign nation, or
b) that amount of money to another country in the form of foreign aid
without some sort of oversight? And if the DOD doesn’t have that
power, what is their justification for their actions? Oh wait – here it is
right on the DOD’s website, directly from them… “With Afghanistan
Evacuation, It’s Lives Over Equipment… Period, DOD Spokesman
Says” (2). So we left the region to evacuate people (presumably from
bad guys) and in the process gifted 7 billion dollars in military
weaponry to… the bad guys? Doesn’t make sense to me. But was this
in fact a violation of separation of powers? I found this to be an
interesting read for my curiosities on this subject:
https://www.cfr.org/backgrounder/us-foreign-policy-powerscongress-and-president (https://www.cfr.org/backgrounder/usforeign-policy-powers-congress-and-president)
Reference:
1. US left behind $7 billion of military equipment in Afghanistan…
(2022). Retrieved from cnn.com:
https://www.cnn.com/2022/04/27/politics/afghan-weaponsleft-behind (https://www.cnn.com/2022/04/27/politics/afghanweapons-left-behind)
2. With Afghanistan Evacuation, It’s Lives Over Equipment … Period,
DOD Spokesman Says. (2022). Retrieved from defense.gov:
https://www.defense.gov/News/NewsStories/Article/Article/2747038/with-afghanistan-evacuationits-lives-over-equipment-period-dod-spokesman-says
(https://www.defense.gov/News/NewsStories/Article/Article/2747038/with-afghanistan-evacuation-itslives-over-equipment-period-dod-spokesman-says)
Reply
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Amanda Kimball
(https://canvas.fscj.edu/courses/65283/users/89114)
Wednesday
Reply
Sarkis, a decision to leave equipment of that value and potential
certainly seems like something that should not be left to a single
organization. Going back to your point earlier about these
organizations having no citizen oversight, is there less motivation
for accountability in these situations and for these decisions?
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Christine Hansen
(https://canvas.fscj.edu/courses/65283/users/1404)
Yesterday
Reply
Well said, Joseph. I like your reference here to the “citizen
stockholders.” Ultimately, the DoD and every other part of the federal
bureaucracy works for the American people.
Dr. Hansen
(https://canvas.fscj.edu/courses/65283/users/89114)
Amanda Kimball (https://canvas.fscj.edu/courses/65283/users/89114)
Wednesday
The ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) protects
the public from crimes involving firearms, explosives, arson, and the
diversion of tobacco products; regulates law commerce and firearms and
explosives; and provides worldwide support to law enforcement, public
safety, and industry partners. It was established as a separate component
of U.S. Department of Justice and functions as a law enforcement agency
under the Executive Branch. Although the ATF is an independent agency,
it partners with communities and other law enforcement and public
safety agencies through information sharing, training, research and use
of technology.
The power to create federal laws remains with Congress, however,
independent agencies, such as the ATF, can control interpretation of
federals laws and can create regulations to the extent allowed by federal
law. Congressional control of law making adds the element of separation
of power, therefore creating a system of checks and balances. An
additional element of separation of powers exists on the judicial level.
The ATF will investigate and enforce laws, however, prosecution of
charged crimes are left with the judicial system.
While the separation of powers exist, cases have been brought against
the ATF to argue that their “rules” violate this doctrine and are not
enforceable under the law such as one particular case in which Gun
Owners of America joined along with 17 U.S States to block the ATF’s new
definition of what an “unfinished frame” and “receiver” are, which
ultimately restricted rights by way of definition. This case is not yet
resolved but illustrates how separation of powers can be circumvented
Reply
resolved but illustrates how separation of powers can be circumvented
(Morehouse Enterprises, 2022).
References
Morehouse Enterprises, LLC et al v. Bureau of Alcohol, Tobacco, Firearms
and Explosives et al. Retrieved from
https://dockets.justia.com/docket/northdakota/nddce/3:2022cv00116/53548
(https://dockets.justia.com/docket/northdakota/nddce/3:2022cv00116/53548) on 11/30/2022.
(https://canvas.fscj.edu/courses/65283/users/134038)
Kiyana Douglas (https://canvas.fscj.edu/courses/65283/users/134038)
Yesterday
Reply
The Economic Research Service’s mission is to provide “economic
research and information to inform public and private decision making
on economic and policy issues related to agriculture, food, natural
resources, and rural America.” In addition, ERS economists provide oral
briefings, written staff analyses, and congressionally mandated studies
delivered directly to executive and legislative branch policymakers and
program administrators. With it’s functions, any act that is done by
executive, legislative or Judiciary cannot violate the Doctrine of
separation of power because on each of these branches there are other
two branches to check their acts and decisions given by them. Due to
this, every branch has to give explanation about each and every act and
decision.
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Calvin Oglesby (https://canvas.fscj.edu/courses/65283/users/135735)
6:02pm
The CIA (Central Intelligence Agency) is classified as an “Executive
Agency” (White House), and was created in 1947 upon President Harry S.
Truman signing the National Security Act (Office of the Director of
National Intelligence). The predecessor to the CIA was the Office of
Strategic Services (OSS), which became essential in gathering
intelligence and helping win WWII (Truman Library). Unlike the FBI, the
CIA possesses no function as a law enforcement agency.
The primary function[s] of the CIA involve aspects of the collection and
analyzing of information [intelligence], “particularly in areas that impact
analyzing of information [intelligence], “particularly in areas that impact
[the] security of the nation”. Essentially, the CIA only collects information
regarding foreign countries and their citizens, and unlike the FBI, the CIA
is prohibited from collecting information about U.S. citizens, “regardless
of where they’re located” (FBI); and there are many different ways that the
CIA collects intelligence.
This CIA collection of intelligence often involves human sources. The
CIA eventually correlates and evaluates its gathered intelligence [data]
for appropriate dissemination and to ensure “that the most effective use
is made of resources” (Office of the Director of National Intelligence).
The data collected by the CIA is vital to the “economic, military, political,
and scientific” integrity of the Nation (USAGov).
While Constitution may limit the authority and function of the CIA
(Sepper), due to its position[s] of national importance and international
dealings, I believe that the CIA may likely operate in a gray area when it
comes to the doctrine of separation of powers. In general, the CIA’s
purpose is in its functions intended to operate abroad, which in a sense
separates it (from the rule of the Constitution). While the CIA may be
acting on behalf of the U.S., it physically isn’t often conducting its
business in the territories of the U.S., so the information generated
‘technically’, may or may not be protected by the Constitution. I think
perhaps, at times when dealing with matters of National Security and
Intelligence, that it may be appropriate at times to dissolve certain
borders.
References:
White House. (n.d.). The executive branch. National Archives and
Records Administration. Retrieved December 2, 2022, from
https://obamawhitehouse.archives.gov/1600/executive-branch
Office of the Director of National Intelligence. (n.d.). Central Intelligence
Agency. INTEL. Retrieved December 2, 2022, from
Edited by Calvin Oglesby (https://canvas.fscj.edu/courses/65283/users/135735) on Dec 2 at 6:02pm
Reply
Agency. INTEL. Retrieved December 2, 2022, from
https://www.intelligence.gov/how-the-ic-works/our-organizations/411-cia
Truman Library. (n.d.). Establishment of the CIA. Establishment of the CIA
| Harry S. Truman. Retrieved December 2, 2022, from
https://www.trumanlibrary.gov/education/presidentialinquiries/establishment-cia
FBI. (2016, June 13). How does the FBI differ from the Central
Intelligence Agency? FBI. Retrieved December 2, 2022, from
https://www.fbi.gov/about/faqs/how-does-the-fbi-differ-from-the-centralintelligence-agency
USAGov. (n.d.). Central Intelligence Agency. USAGov. Retrieved
December 2, 2022, from https://www.usa.gov/federal-agencies/centralintelligence-agency
Sepper, E. (n.d.). Ties that bind: How the Constitution limits the CIA’s
actions in the … Retrieved December 2, 2022, from
https://www.nyulawreview.org/wpcontent/uploads/2018/08/NYULawReview-81-5-Sepper.pdf