THE
bureaucracy
• literally means “rule
by desks”
• government by clerks
• Proxy government:
payment of local and
state governments and
private groups to staff
and administer federal
programs
•
1. Jurisdictional areas are clearly
specified, activities are distributed as
official duties
•
2. Organization follows hierarchical
principle
•
3. Abstract rules govern decisions and
actions. Rules are stable, exhaustive, and
can be learned.
•
4. Means of production or administration
belong to office.
•
5. Officials are selected on basis of
technical qualifications, appointed not
elected, and compensated by salary.
•
6. Employment by the organization is a
career. The official is a full-time employee
and looks forward to a life-long career.
MAX WEBER
THE FEDERAL BUREAUCRACY IS:
❖
4 million employees; 2.8 million are civilians or
“civil servants”
❖ President only appoints 3% (patronage or political
appointments)
❖ 15 cabinet level departments
❖ 200+ independent agencies with 2,000+ bureaus,
divisions, branches, etc.
❖ Biggest - Dept. of Defense, U.S. Postal Service,
Veterans Administration
FUNCTIONS OF THE FEDERAL
BUREAUCRACY
1.
2.
3.
Implementation - carry out laws of Congress,
executive orders of the President
Administration - routine administrative work;
provide services (ex: SSA sends social security
checks to beneficiaries)
Regulation - issue rules and regulations that
impact the public (ex: EPA sets clean air
standards)
EARLY BUREAUCRACY
•
small and had little to do
•
removal was a major point of
contention
•
early appointments were matters of
patronage (Pendleton Act of 1881
established civil service test; Garfield)
•
Between 1816-1861 the government
expanded exponentially, with 86%
coming from the Post Office
CIVIL WAR AND BEYOND
•
New agencies were created to
deal with sectors and the economy
•
200,000 employees were added to
Post Office
•
Pension Office, and the
Departments of Labor, Agriculture
and Commerce were created
•
Role was to serve not regulate
•
Interstate Commerce Commission
began the regulation of the
economy in 1887
WHY WAS GOVERNMENT SERVICEORIENTED?
•
People believed in a small government and states’ rights
•
Had a fear of strong discretionary power
•
Commitment to free market ideology
ROOSEVELT ERA
•
Transition to a welfare role
•
New Deal programs dealt with
assuming the well-being of the
people
•
Agencies developed and grew
because of World War II
•
During the 12 Roosevelt years, the
total number of federal employees
increased from a little over half a
million in 1933 to an all time high of
more than 3.5 million in 1945.
•
16th Amendment aided their growth
9/11 AND OTHER NATIONAL SECURITY AGENCIES
•
Department of Homeland Security was
developed and created in 2003.
Consolidated 22 federal agencies
•
FBI—1908
•
CIA—1947
•
Responding to public concern about
violent crime, drugs, and illegal
immigration into the United States,
agencies such as the Bureau of Alcohol,
Tobacco, and Firearms (ATF), the Drug
Enforcement Administration (DEA), and
the Immigration and Naturalization
Service (INS) have increased in size.
WHAT MAKES UP
THE
BUREAUCRACY
CABINET POSITIONS
•
•
•
•
•
The 15 cabinet departments headed by a cabinet
secretary appointed by the president and approved
by the Senate
Each department “expert” in specific policy area
Each department has its own budget
Department of Homeland Security, created in 2002,
is newest department
“Propinquity”
GOVERNMENT CORPORATIONS
•
Bureaucratic agencies that require payment for their services.
•
Post Office charges for stamps, Tennessee Valley Authority
charges for electricity, AMTRAK charges to ride on trains
•
Most independent from government oversight and regulation. Half
government funding and half private funding.
•
Ensure access in times of crisis
INDEPENDENT REGULATORY COMMISSIONS
•
regulate or punish wrongdoing for people, groups, corporations, that do
not follow the rules
•
FCC (media), SEC (protect investors), FEC (campaign finance), Federal
Reserve Board (monetary supply) Federal Trade Commission (antitrust),
NLRB (union disputes)
•
Act as judges in their particular field but can only work within their
jurisdiction
•
Purposely insulated from the president to keep them as free from political
influence as possible.
•
Once appointed and instated, cannot be removed
without cause and without Senate approval.
(INDEPENDENT) EXECUTIVE AGENCIES
•
are created by an Act of Congress and considered part of the U.S. government, but
independent of the executive departments.
•
Remain accountable to the executive departments but report directly to the President
•
Like a cabinet but without cabinet status
•
Only carry out a function
•
NASA, The National Archives, FEMA, CIA, OPM
•
Process of Elimination
•
Is it regulating something?
•
Is it a Cabinet position?
•
Is it charging us for its services?
ACTIVITY
DISCRETIONARY
AUTHORITY
DELEGATION CLAUSES
•
Non-delegation doctrine: Congress is invested with “All legislative
powers” by Article I. Seems to forbid executive delegation.
•
J. W. Hampton, Jr., & Co. v. United States (1928): Congress, within
defined limits, could vest discretion in the executive branch
•
Mistretta v. US (1989): Delegation of legislative abilities is an
implied power so long as Congress provides an “intelligible
principle” to guide the executive branch.
•
Courts have continued to rule in favor of delegation, expanding on
what can be considered an “intelligible principle.”
•
How much authority is vested into the hands of the executive branch:
•
Congress directed the Environmental Protection Agency to
promulgate air quality standards “requisite to protect the public
health” with “an adequate margin of safety.”
DISCRETIONARY AUTHORITY
•
The extent to which bureaucrats can choose courses of action and
make policies not spelled out by laws in advance.
•
Typically delegate authority which allow bureaucracies to:
•
pay subsidies to particular groups and organizations. USDA
spends $25 billion on subsidies to farmers
•
transfer money from the federal government to state and local
governments. Subsequent government bureaucratic agencies
then decide how to grant these funds
•
devise and enforce regulations for various sectors of the
economy. EPA is given jurisdiction. Most substantial use of
discretionary authority
WHY?
•
Difficult for Congress to spell out every little detail in legislation
•
Bureaucratic agencies are really the experts. Cynicism aside, they
have the resources to choose the best and most efficient way.
•
Interest groups can often help to enforce or determine policy for
both Congress and the bureaucracy
•
Iron Triangle and Issue Networks
HOW DO
BUREAUCRATS USE
THEIR POWER?
QUALIFICATIONS
•
Pendleton Act
•
Competitive Service: Written Exam from
the Office of Personnel Management.
Helpful for ranking among competition
for job posts.
•
Trend has moved away from this—USA
Hire (10%). Test aptitude, teamwork
skills, job relevant skills, problem
solving.
•
Cumbersome and irrelevant, not
comprehensive enough, racial
discrimination an unintended outcome
•
Half of all workers today are hired
outside of competitive service
WHY NOT MERIT?
•
3 percent of employees are appointed on grounds other than merit.
•
Name request jobs
•
Presidential appointments
•
“schedule C” appointments (confidential or policy-determining
character). Expertise and advisement qualities
•
Non-career executive assignments. Deeply involved in the
advocacy of presidential programs or participate in
policymaking (Betsy DeVos)
HOW DOES THIS EQUATE TO POWER
•
Buddy system/name-request job fosters a collective of like-minded
people in an agency
•
The difficulty to fire a bureaucrat (written notice 30 days in
advance, statement of reasons, employee reply, appeal process,
hearing, US court of appeals, hearing)
•
Fosters an agency point of view
WHO ARE THE BUREAUCRATS?
•
The 4 million Americans who work for the federal government.
•
Over 1.4 million are in military service.
•
Overall, they represent much more of a cross section of the
American population than do members of Congress or federal
judges.
•
About 43% are women,
and 28% represent
minority groups.
PERSONAL ATTRIBUTES
•
While African Americans and other minorities are represented in
lower levels of executive offices, the majority are middle-aged white
male, college degree, more advantaged. ‘
•
Typically more pro-government than the public at large
•
Advocacy employees (EPA or FDA) have more liberal views than
traditional department heads.
•
Loyal to political superiors even in disagreement
•
Professional values often dictate behaviors (Lawyers and
economists in the FTC)
OTHER FACTS ABOUT THE BUREAUCRACY
•
Only about 10% of civilian employees work in the Washington, D.C.
area. California alone has more federal employees than does the
District of Columbia.
•
About 30% of the civilian employees work for the army, the navy,
the air force, or some other defense agency.
•
Even though bureaucrats work at a variety of jobs, most are whitecollar workers like secretaries, clerks, lawyers, inspectors, and
engineers.
•
The number of federal employees per 100 people in the United
States population has actually decreased from over 14 per 100 in
the early 1970s to a little over 10 per 100 by the late 1990s.
CULTURE AND CAREERS
•
Bureaucratic Culture: informal understandings among fellow
employees as to how they are supposed to act.
•
Striving for career enhancing jobs
•
Employees work harder to gain the respect of their bosses and
fellow employees.
•
Limits individual choices of action, fosters greater agency-minded
activity.
CONSTRAINTS ON BUREAUCRACY
•
Come from rising trends in government mistrust and other powerful factions
through Congress
•
Administrative Procedure Act (1946): an agency must give notice, solicit
comments and hold hearings before adding rules
•
Freedom of Information Act (1966): Citizens have the right to all
government records except military, intelligence, or trade secrets
•
National Environmental Policy Act (1969): Environmental impact statements
must be made
•
Privacy Act (1974): Social Security and tax records must be kept
confidential
•
Open Meeting Law (1976): every part of agency meetings must be open to
the public except for private matters
WHAT CHECKS EXIST
ON THE
BUREAUCRACY?
•
Biggest difference between a government agency and a private
organization is the number of constraints placed on agencies from
other parts of government and by law.
•
A government bureau cannot hire, fire, build or sell without going
through procedures set by Congress, often through law.
CONGRESSIONAL CHECKS
•
Duplication: Drug trafficking is the responsibility of the DEA, FBI,
Customs Agencies, the Border Patrol and the Defense Department.
•
Appropriation: Spending is restricted by Congress. Originates in a
legislative committee and states maximum amount of money which
may be spent
•
Hearings: Allows Congress oversight exercise. Also exposes
potential inefficiencies publicly.
•
Rewriting Legislation: The more detailed a piece of legislation, the
greater the ability to restrict or control a bureaucratic agency.
•
Legislative Veto: rule must rest before implementation
PRESIDENTIAL CHECKS
•
Appointments: can control the policy choices of important agencies by
appointing a like minded advocate. Agencies may work against the
appointees, seek Congressional aide, or convert the appointee to their
point of view
•
Executive Orders: Formally the president can institute an order which
dictates the activities of a bureaucratic agency under his jurisdiction
•
Economic Powers: OMB has some control (though Congress has
ultimate power)
•
Reorganization: President may reorganize or combine agencies to
reward or punish them.
HOW DOES THE
SUPREME COURT CHECK
THE EXECUTIVE
BRANCH?
REFORMING THE
BUREAUCRACY
REFORM
•
Why?
•
Efforts to make it work more efficiently while costing less
•
National Performance Review (NPR) 1993: emphasized customer satisfaction over
more bureaucratic control—Al Gore. More employee initiative rather than management
expansion. Saw more privatization of government.
•
Reinforced by the Government Performance and Results Act (GPRA) of 1993—
required agencies to set goals, measure performance, and report on results. Obama
has updated this
•
Bush—Performance Assessment Rating Tool (PART): link management reform to the
budget process. Sought to ensure accountability and budget efficiency. Disregarded by
Obama.
•
Branches don’t won’t to antagonize one another; divided government makes it more
difficult.
•
Since Reagan, every administration has attempted to cut and reduce government size
MISH-MASH
•
Hatch Act (1939): Restricts campaigning by federal officials to engage
in campaign events, accept campaign donations, or use their
influence to affect the outcome of an election.
•
WhistleBlower Protection Act (1989): protects federal whistleblowers
who work for the government and report agency misconduct.
Whistleblowers may file complaints that they believe evidences a
violation of a law, rule or regulation; gross mismanagement; gross
waste of funds; an abuse of authority; or a substantial and specific
danger to public health or safety. Prohibits retaliation from the
agency.
•
Snowden—Intelligence Community Whistle Blower Protection Act.
Reports must be made to Congress
REMIND ME
•
12th Amendment
•
POTUS and VPOTUS are elected separately
•
20th Amendment: Changes inauguration date and
Vp serves in event of a tie
•
20th Amendment
•
22nd Amendment
•
22nd Amendment: limits to 2 terms
•
25th Amendment
•
25th Amendment: In the event of presidential
inability to carry out duties