Chapter 11: The Bureaucracy - Professor Skubik - CBU - American Government POL 213

Department of State created in 1789

1. Appointees "to be removable by president alone" 2. Madison successfully argued for presidential control, setting precedent (model) for future cabinet departments 3. Congress retained right to appropriate, investigate and shape administrative laws - " removable by president alone " ( compromise) 4. without the right of removal, the president would not be able to control his subordinates, and without this control he could not be able to discharge his constitutional obligation to "take care that the laws be faithfully executed."

How Congress supervises bureaucracies:

1. Congressional approval 🎵 required for agency existence 2. All money given must have authorization legislation 3. Money must be appropriated

2. Government by Proxy

1. Critics say does not keep track of funding 2. Defenders say system produces more flexibility, takes advantage of private/nonprofit skills, defends principle of federalism

Effects of constraints

1. Government will often act slowly 2. Government will sometimes act inconsistently 3. Easier to block action than to take action 4. Lower-ranking employees reluctant to make decisions 5. Citizens will complain of red tape

World War II

1. Heavy use of federal income taxes, and resulting bureaucratic growth 2. Expansion continues after war 3. Tax receipts continued to grow

Agency Allies

1. Iron Triangle 2. Issue Network

Appointed officials' behavior shaped by four broad factor:

1. Manner in which they are recruited and rewarded 2. Their personal attributes, such as socioeconomic backgrounds and political attitudes 3. The nature of their jobs 4. Constraints that outside forces—political superiors, legislators, interest groups, journalists—impose on their agencies

How does Congress exert control over the bureaucracy? ( $ *GOV* )

1. Many different ways: 2. it decides whether an agency may exist and how much money an agency spends 3. Transferring money from the federal government to state and local governments 4. Devising and enforcing regulations for various sectors of society and the economy

The Great Depression

1. New Deal programs 2. Changes in public attitudes, constitutional interpretation

The Federal Bureaucracy Today

1. Number of civilians working directly for government generally stable since 1960s ___ a. Number of indirect workers mushrooming (growing) 2. Power of bureaucracy depends on discretionary authority

Congress has delegated authority in 3 areas:

1. Paying subsidies to particular groups and organizations in society ___ a. Congress sets the overall number for budget; agency/bureau decides how it gets paid out 2. Transferring money from the federal government to state and local governments 3. Devising and enforcing regulations for various sectors of society and the economy ___ a. EX: FDA coming up with rules on drugs

September 11, 2001 terrorist attacks

1. Permanent effect on bureaucracy?

Distinctive character of American bureaucracies: (3)

1. Political authority over bureaucracy shared among several institutions (divided) 2. Most federal agencies share functions with state and local agencies 3. Institutions and traditions of American life contribute to "adversary culture"

1. Excepted service (almost half of all workers) 2. The patronage available to a president and his administration

1. Presidential appointments authorized by statute (law) 2. "Schedule C" appointments to jobs described as having a "confidential or policy-determining character" below the level of cabinet or sub cabinet posts 3. Non-career executive assignments- deeply involved in presidential programs or participate in policy making

The Appointment of Officials

1. Presidents find appointments (appointing bureaucrats) a difficult task 2. Congressional preferences often prevailed in 19th and 20th centuries ___ a. Patronage 3. Civil War expanded bureaucracy and revealed administrative weaknesses ___ a. led to demands for an improvement in the quality & organization of federal employees 4. Regulation (control) of interstate (2 or more states) commerce becomes issue

Five major problems with bureaucracy: RandyT Can Dance In Wisconsin

1. Red tape 2. Conflict 3. Duplication 4. Imperialism 5. Waste Randy Can Dance In Wisconsin

Reforming the Bureaucracy

1. Rivalry between president and Congress for control of bureaucracy leads to more rule- making 2. Divided government ___ a. Impact on policy implementation (enforcement) ___ b. Intensifies government conflict 3. Reform not impossible, just difficult

What happened to make the bureaucracy a "fourth branch" of American national government?

1. The Constitution made no provisions for an administrative system other than to allow the president to appoint ( with consent of Senate ) 2. By early 20th century, however, Washington's role in public policies had grown farther than what the Framers had participated 3. Two world wars, New Deal, and Great Society each left the gov. requiring new batteries of administrative agencies 4. That is where the appointed officials (bureaucrats) come into play.

Today's bureaucracy is largely a product of what two events?

1. The Great Depression 2. World War II

Legislative Veto

1. The authority of Congress to block a presidential action after it has taken place. 2. The Supreme Court has held that Congress does not have this power

The Appropriations Committee and Legislative Committees

1. Typically recommends less money than agency requests 2. Committee power lessened by trust funds, annual authorizations, focus on target spending limit 3. Committee clearance also plays role

1. Government by Proxy

1. Washington pays state and local governments and private groups to staff and administer federal programs ___ a. Includes Social Security, Medicare, income tax collection and military

What are the actual size and scope of the federal bureaucracy?

1. a few million civil servants work directly for the federal government, but more than five times as many people work indirectly for Washington as employees of business firms or of nonprofit organizations that receive federal grants or contracts, or as state and local government employees working under federal mandates

What is "bureaucracy" and in what ways is the American bureaucracy distinctive? AGENCIES

1. a large, complex organization composed of appointed officials 2. Distinctive in 3 ways __a. Political authority over bureaucracy shared among several institutions __b. Most federal agencies share functions with state and local agencies __c. Institutions and traditions of American life contribute to "adversary culture"

Issue Network

1. a network of people in Washington D.C.- based interest groups, on congressional staffs, in universities and think tanks, and in the mass media, who regularly discuss and advocate public policies 2. Networks are contentious, split along political, ideological, and economic lines

Expansion of bureaucracy 1861 to 1901

1. bureaucracy emphasis to serve (not regulate) 2. Laissez-faire government

What is "discretionary authority" and why do some bureaucrats have lots of it?

1. chooses courses of action and make policies that ARE NOT spelled out in advance by laws. 2. It is impossible for Congress to specify every last detail regarding how a law is to be implemented. 3. Many laws are administered by persons with special information and expertise 4. Many private citizens administer public laws by working as government contractors or grantees

Interstate commerce

1. commercial trade, business, movement of goods or money, or transportation from one state to another, 2. regulated by the federal government according to powers spelled out in Article I of the Constitution.

Civil Service Exam

1. gets rid of patronage (favoritism) 2. how to tell they are qualified - then, you begin to be considered for the job

Patronage

1. the power to control appointments to office or the right to privileges (favoritism) (appointing officials) 2. Looking at the party role; appointing people that supported you when you were running for office

A Service Role

2. Constitution says Congress has power to regulate commerce among states ___ a. But restrictions on administrators set aside in wartime, and some changes to bureaucracy made permanent

Constraints on Agencies

Congressional constraints in funding and goals; multiple agency responsibilities

The Cabinet

Established in Article II, Section 2 of the Constitution, the Cabinet's role is to advise the President on any subject he may require relating to the duties of each member's respective office. 1. 15 heads of department; decides how the Federal Bureaucracy should go 2. have direct access to the president

Bureaucracy origin

French: bureau = desk or office kratos - rule or political power

Bureaucracy

French; a large, complex organization composed of appointed officials

Interstate Commerce Commission ( ICC )

When the federal government began to regulate the economy (1887)

Iron Triangle

a close relationship between 1. agency 2. congressional committee, 3. interest group 1. Example: Department of Veterans Affairs, the House and Senate committees on veterans' affairs, and veterans' organizations 2. Less common today

Appropriation

a legislative grant of money to finance a government program or agency

Laissez-Faire

an economic theory that government should not regulate or interfere with commerce (trade)

Red Tape

complex bureaucratic rules and procedures that must be followed to get something done

Pendleton Act (1883)

established that positions within the federal government should be awarded on the basis of merit instead of political affiliation. (connections)

Advisory Board

established to provide the President with independent information and advice from top experts in their fields

Trust Funds

funds for government programs collected and spent outside the regular government budget

Authorization Legislation

legislative permission to begin or continue a government program or agency

EOP ( Executive Office of the President )

responsibility for tasks ranging from communicating the President's message to the American people to promoting our trade interests abroad. 1. EOP has traditionally been home to many of the President's closest advisors.

Committee Clearance

the ability of a congressional committee to review and approve certain agency decisions in advance and without passing a law

Administrative laws

the body of law that controls the operation and procedures of government agencies.

Adversary Culture

the conflicting culture of America; two or more conflicts

Discretionary Authority

the extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws.

Competitive Service

the government offices to which people are appointed on the basis of merit, as ascertained by a written exam or by applying certain selection criteria

Implementation

the process of putting a decision or plan into effect; execution.