Who Enforces the Law Role of Executive Departments: Federal, State, and Local Regulatory Commissions • What are the functions of regulatory commissions ? – is a public authority or government agency responsible for exercising autonomous authority over some area of human activity in a regulatory or supervisory capacity. • An independent regulatory agency is a regulatory agency that is independent from other branches or arms of the government. – Regulatory agencies deal in the area of administrative law—regulation or rulemaking (codifying and enforcing rules and regulations and imposing supervision or oversight for the benefit of the public at large). • • The existence of independent regulatory agencies is justified by the complexity of certain regulatory and supervisory tasks that require expertise, the need for rapid implementation of public authority in certain sectors, and the drawbacks of political interference. Some independent regulatory agencies perform investigations or audits, and some are authorized to fine the relevant parties and order certain measures. – Regulatory agencies are usually a part of the executive branch of the government, or they have statutory authority to perform their functions with oversight from the legislative branch. – Their actions are generally open to legal review. • • Regulatory authorities are commonly set up to enforce standards and safety, or to oversee use of public goods and regulate commerce. Examples of regulatory agencies are the Interstate Commerce Commission and U.S. Food and Drug Administration in the United States, – Heads are not cabinet members Examples of Regulatory Commissions Consumer Product Safety Commission Environmental Protection Agency • Regulate sale & manufacture of consumer products to ensure they don’t harm the public • Regulate pollution, use of chemicals, waste disposal Federal Trade Commission National Transportation Safety Board • Investigate accidents regarding • Keeps companies from airplanes & mass transit – also using false advertising, not hazardous waste spills disclosing important info, involving modes of transportation violating antitrust laws Examples of Regulatory Commissions Food and Drug Administration Federal Aviation Administration • Regulate food, drugs, • Oversees US civil air travel medical equipment, dietary & transportation supplements, & other products Central Intelligence Agency National Aeronautic & Space Administration • Gathers info about other nations & terrorist groups • Details and enforces regulation for US Space program Regulatory Agencies at State Level • NC Utilities Commission – created by the General Assembly to regulate the rates and services of all public utilities in North Carolina. It is the oldest regulatory body in state government. • North Carolina Wildlife Resource Commission – created by the General Assembly in 1947 to conserve and sustain the state’s fish and wildlife resources through research, scientific management, wise use, and public input. The Commission is the regulatory agency responsible for the enforcement of N.C. fishing, hunting, trapping and boating laws. • Alcoholic Beverage Commission – provide uniform control over the sale, purchase, transportation, manufacture, consumption and possession of alcoholic beverages in the state. Enforcement of Criminal Law • Other departments and agencies of the executive branches are meant to implement, investigate, arrest, and prosecute citizens that violate criminal law • They respond to laws created at the legislative branch • Examples exist from all three levels of government: federal, state, and local Federal Law Enforcement Agencies US Department of Justice • Represent federal government at trials • Headed by Attorney General • Federal department responsible for a number of federal law enforcement agencies – includes FBI – FBI – Federal Marshals Secret Service • Protects president & other public officials – Investigates counterfeiting State Law Enforcement • Attorney General – Represents state in trials and legal matters • SBI – State’s top investigative agency – State equivalent of FBI • State Troopers – Officers of state – enforce laws on highways – guard state officials – search for escaped prisoners • National Guard – State’s military force – private citizens serve part time – can be called for military service Local Law Enforcement • Sheriff Department – Headed by the sheriff; an elected official – Serve warrants – Enforce law in county – Serve in courts • Police Department – Headed a captain or chief; directed by mayor – Enforce laws in the city or towns Jurisdiction Federal • Cases involving federal laws – – – – – Kidnapping Fraud Racketeering Murder Drug laws • Any crime that happens in multiple states • Involving states or federal politicians State and Local • State laws (most criminal laws are state laws) – Murder – Drug laws • If federal and state jurisdictions overlap, federal jurisdiction overrides in most cases.