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

• Regulate sale & manufacture of consumer products to ensure they don’t harm the public

Environmental Protection Agency

• Regulate pollution, use of chemicals, waste disposal

National Transportation Safety BoardFederal Trade Commission

• Keeps companies from using false advertising, not disclosing important info, violating antitrust laws

• Investigate accidents regarding airplanes & mass transit – also hazardous waste spills involving modes of transportation

Examples of Regulatory Commissions

National Aeronautic & Space Administration

• Regulate food, drugs, medical equipment, dietary supplements, & other products

Federal Aviation Administration

• Details and enforces regulation for US Space program

Central Intelligence Agency

Food and Drug Administration

• Oversees US civil air travel & transportation

• Gathers info about other nations & terrorist groups

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.