ABSTRACT

As we discussed in Chapter 1, public policy is, in general, what the government, acting on our behalf, chooses to do or not to do. This suggests a working definition of policy that may seem obvious, but that is a bit more complex than the simplest definition. I define a policy as a statement by government of what it intends to do or not to do, such as a law, regulation, ruling, decision, or order, or a combination of these. For example, a law that says that those caught driving while intoxicated will go to jail for up to one year is a statement of governmental policy to punish drunk drivers. The USA Patriot Act, passed in the aftermath of the September 11 attacks, is a statement of government policy relating to national security and terrorism. Judicial decisions are also statements of policy: the Supreme Court’s decision in Brown v. Board of Education is a statement of national policy that governments cannot constitutionally require schools be segregated on the basis of race or ethnicity. Because we also define public policy as what government chooses not to do, the lack of a definitive statement of policy may be evidence of an implicit policy. For example, the government has never declared a right to education, or healthcare, or a living wage; therefore, we can assume that the implicit policy is that one cannot get these benefits as a matter of right. Some other nations do express these services and benefits as rights, which often makes for interesting and important comparisons between the United States and other countries.