AmericanFederalGovernmentDisc4

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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.

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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

Our discussions are a valuable opportunity to have thoughtful conversations

regarding a specific topic. You are required to provide a comprehensive

initial post with 3-4 well-developed paragraphs that include a topic

sentence and at least 3-5 supporting sentences with additional details,

explanations, and examples. In addition, you are required to respond

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

This discussion is worth 30 points toward your final grade and will be

graded using the Discussion Rubric. Please use it as a guide toward

successful completion of this discussion. For information on how to view the

rubric, refer to this Canvas Community Guide

(https://community.canvaslms.com/docs/DOC-10577-4212540120) .

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Sarkis Boyajian (https://canvas.fscj.edu/courses/65283/users/135004)

Saturday

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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.

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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-

12/2/22, 9:39 PM Page 4 of 19

Retrieved from fbi.gov: https://www.fbi.gov/about/faqs/what-are-

the-primary-investigative-functions-of-the-fbi

(https://www.fbi.gov/about/faqs/what-are-the-primary-investigative-

functions-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-of-

national-police-force (https://www.fbi.gov/about/faqs/is-the-fbi-a-

type-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-with-

persons-it-arrests-in-the-course-of-an-investigation

(https://www.fbi.gov/about/faqs/what-does-the-fbi-do-with-persons-it-

arrests-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-the-

use-of-deadly-force-by-its-special-agents

(https://www.fbi.gov/about/faqs/what-is-the-fbis-policy-on-the-use-of-

deadly-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-is-

committed-that-is-a-violation-of-local-state-and-federal-laws-

does-the-fbi-take-over-the-investigation

(https://www.fbi.gov/about/faqs/if-a-crime-is-committed-that-is-a-

violation-of-local-state-and-federal-laws-does-the-fbi-take-over-the-

investigation)

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

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that I see in the news? (2022). Retrieved from fbi.gov:

https://www.fbi.gov/about/faqs/can-i-obtain-detailed-

information-about-a-current-fbi-investigation-that-i-see-in-the-

news (https://www.fbi.gov/about/faqs/can-i-obtain-detailed-

information-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-the-

fbi-provide-arrest-records-at-the-request-of-private-citizens

(https://www.fbi.gov/about/faqs/does-the-fbi-provide-arrest-records-at-

the-request-of-private-citizens)

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Amanda Kimball (https://canvas.fscj.edu/courses/65283/users/89114)

Wednesday

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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)

12/2/22, 9:39 PM Page 6 of 19

Wednesday

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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

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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.),

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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

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Sarkis Boyajian (https://canvas.fscj.edu/courses/65283/users/135004)

Wednesday

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12/2/22, 9:39 PM Page 9 of 19

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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-agents-

permitted-to-install-wiretaps-at-their-own-discretion

(https://www.fbi.gov/about/faqs/are-fbi-special-agents-permitted-to-

install-wiretaps-at-their-own-discretion)

th

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Christine Hansen (https://canvas.fscj.edu/courses/65283/users/1404)

Yesterday

12/2/22, 9:39 PM Page 10 of 19

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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

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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 non- appropriated 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

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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

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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

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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-powers-

congress-and-president (https://www.cfr.org/backgrounder/us-

foreign-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-weapons-

left-behind (https://www.cnn.com/2022/04/27/politics/afghan-

weapons-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/News-

Stories/Article/Article/2747038/with-afghanistan-evacuation-

its-lives-over-equipment-period-dod-spokesman-says

(https://www.defense.gov/News/News-

Stories/Article/Article/2747038/with-afghanistan-evacuation-its-

lives-over-equipment-period-dod-spokesman-says)

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Amanda Kimball (https://canvas.fscj.edu/courses/65283/users/89114)

Wednesday

 Reply

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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

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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

12/2/22, 9:39 PM Page 14 of 19

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Amanda Kimball (https://canvas.fscj.edu/courses/65283/users/89114)

Wednesday

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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

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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/north-

dakota/nddce/3:2022cv00116/53548

(https://dockets.justia.com/docket/north-

dakota/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

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12/2/22, 9:39 PM Page 16 of 19

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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

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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

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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

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Edited by Calvin Oglesby (https://canvas.fscj.edu/courses/65283/users/135735) on Dec 2 at 6:02pm

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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/presidential-

inquiries/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-central-

intelligence-agency 

USAGov.  (n.d.).  Central Intelligence Agency.  USAGov.  Retrieved

December 2, 2022, from https://www.usa.gov/federal-agencies/central-

intelligence-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/wp-

content/uploads/2018/08/NYULawReview-81-5-Sepper.pdf 

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