UNIT 10

THE BUREAUCRACY  

Bureaucracy is everything in the executive branch beneath the president and vice president.  The bureaucracy administers (implements) the laws of the nation.  It is run by executives whose duty it is to see that the laws of the nation are implemented according to the will and intent of Congress.  Ideally, these executive branch officials or bureaucrats are to administer their duties and implement the laws in a neutral manner, uninfluenced by politics.  In reality, federal bureaucrats are important players in not just implementation, but also policy making.

Four Functions of Bureaucracy           

_      Implement the law. Passed by congress. (an Executive Power)

_      Fill in the details.  Experts in their fields. (a Legislative Power)

_      Provide research and information to the president and Congress

_      Judicial Power. Conduct an investigation of a suspected violation of federal law.  Agency then holds a hearing and listen to evidence.  Then they judge innocence or guilt like in a courtroom.  If they find a party guilty then they hand out a punishment. 

How Bureaucrats Get Their Jobs

·        Until 1883 the Spoils System was used to hire the entire bureaucracy.  Presidents could hire and fire whomever they chose to regardless of job performance or expertise of the person.  The process was highly politicized.  Bureaucrats were appointed for who they knew, supporting the winning presidential candidate, and as a reward for large campaign donations.  The result was a bureaucracy with little job security, high turnover, and a lack of professionalism. 

·        Then Congress passed the Civil Service or Merit or Pendelton Act in 1883.  The purpose was to transfer the power of appointment of federal bureaucrats from politicians to a bipartisan commission that would select federal employees on merit.  Now bureaucrats are hired for what they know, based on scores earned on competitive exams.  The bottom 90% of the bureaucracy is hired this way.  This creates a professional and competent bureaucracy, with job security.  The downside is that the president has lost his clout over the bureaucracy. 

Reasons for the growth of bureaucracy:

We have almost 3 million federal bureaucrats paid for by the taxpayers.  why?:

_   We require more expertise today because society and technology is so complex

_   The growth in the size of our country and population leads to more of them.

_      Americans demand more from government. -- more services, programs, & regulations -- this leads to more bureaucrats

Structure of the Federal Bureaucracy

Four levels of Bureaucracy:

 I.    White House Office (WHO):

·         Closest Advisors to the President & White House staff

·         Established under President Hoover in 1932—with 3 people

·         Today: 400+ staffers

·         These staffers include not only clerical and secretarial workers but, most importantly, the following important advisors to the president:

§         Appointments secretary, press secretary, president’s legal counsel (lawyer), the National Security Advisor (who heads the National Security Council), the White House Chief of Staff (who heads the White House Staff), military aides, a correspondence secretary, and legislative aides to lobby Congress for the president’s legislative agenda

o        Staffers perform a variety of functions including: giving advice on policy, screening information, screening people wishing to see the president, speechwriting, etc.

o        About 10-12 key members are close advisors to the president who have daily access to him and often have served with the president during much of his political career.

II.       Executive Office of the President (EOP)

§         Established FDR in 1939 by executive order

§         Originally consisted of only 37 staffers

§         Today: 1600+ staffers

§         The president can redesign and re-staff much of the EOP at any time to suit his individual needs and working style—many of these changes do NOT need Senate approval.

§         They often serve as the president’s eyes and ears on huge social, economic, political, and military problems

§         Large group consisting of boards of experts.  Used to research problems and gather information and present to the president policy options.  The three most important are:

1.     NSC - National Security Council-

§         created in 1947 to help the president coordinate US military and foreign policy.  It researches and advises the president on defense, security,  and intelligence issues.  Members include the president, vice president, the secretaries of state and defense, and the head of the Joint Chiefs of Staff.  It is headed by the National Security Advisor.

2.     CEA - Council of Economic Advisors-

§         it advises the President on economic policy and recommend possible options and solutions to various economic problems.  It is composed of three top economists and their staff. Their job is to give impartial professional advice, not just serve as presidential mouthpieces.

3.     OMB - Office of Management and Budget--

It was established by President Nixon in 1970 out of the old Bureau of the Budget.  It was designed to tighten presidential control over the federal bureaucracy. It’s major functions include:

·        Developing the President's Budget that is sent to Congress.

·        Recommending      funding levels for every government agency. 

·        Approving of any recommendations by bureaucrats to Congress to make sure they are consistent with the presidents programs.

·        Monitoring all other agencies to make sure they are complying with presidential policies. 

III.   Fourteen Cabinet Level Departments.
Cabinet is composed of the President, Vice President and the Fifteen Department Heads.   It has grown from 3 in 1789 - State, War (now Defense) & Justice - to 15 today - due to growth of demands in national government.

·        This is 90% of the bureaucracy -- each department is headed by a Secretary of Department (except Justice, which is headed by the Attorney General)

·        Each dept is responsible for coordinating all programs within their areas.

       _       Department ofJustice Headed by Attorney General - Fighting Crime.

       _       Department of Interior - National parks and anything that has to do with American Indians and reservations.

        _       Department of Education - was once a state and local responsibility.

     _      Department of Agriculture - Used to help the American Farmer. 

    _      Department of Commerce- Promoting Business

     _      Department of Labor - Protect the American Worker.

      _      Department of Health and Human Services - Social Programs.

       _       Department of Housing and Urban Development - problems with inner cities.

    _      Department of Transportation - all transportation industry.

     _      Department of Energy – all national energy programs and policies

         _      Department of Veterans Affairs – consolidates all veterans programs into one department.

         --     Department of Homeland Security—created after the terrorist attacks of Sept. 11, 2001 to coordinate efforts to fight terrorism and protect our nation from this new threat.

     IV. Independent Agencies.  
      These are federal agencies that were not put in any of the above-mentioned departments when they were created by Congress.  There are 3 types:

·        Three sub groups:

1.            Independent Executive Agencies

o       Their heads are appointed by the president and may be dismissed by him

·                     NASA--operates the space program

·                     Selective Service System--runs the military draft

§                     Smithsonian Institute-runs all federal museums in Washington DC

2.      Independent Regulatory Agencies -

·         These agencies have quasi-executive-legislative-and judicial powers--combining executive, legislative, and judicial powers.  They regulate important parts of the economy, which makes them very powerful.

·         They were created because of the need for rule making a regulation in highly complex, technical areas involving the public interest

·         Their members, appointed by the president, cannot be removed by the president and are not there to do his bidding.  Their terms are often longer than 4 years.  This is because they are supposed to be more impartial and nonpolitical rather than serving the president’s interests           

·         Have some Judicial Powers - Investigate, hold hearings, hand down judgment, & determine  punishment

·         Some Examples Include:

§         FTC - Federal Trade Commission - regulates business

§         FCC - Federal Communications Commission- Regulates radio and television

§         SEC - Securities and Exchange Commission - Regulates stock market and unscrupulous practices in trading.            

3.            Government Corporations         

• Government Agencies that are like a business providing service for profit. Examples include:

·               Amtrak - Became unprofitable but was still necessary to our economy.

·               TVA - Tennessee valley authority - provide power and electricity in Tennessee Valley area because it is no longer profitable.

·               US Postal Service - Federal Mail. 

Recommended Reforms

·         Establishing an ombudsman: an office or official that would handle all citizen complaints, cut through the red tape, and seek a remedy.  Without an ombudsman, citizens often end up complaining to the very department and person(s) they are having the problem with and there is a bureaucratic tendency to protect one’s own interests.

·         Establishing a sunset law: this would require the periodic review of every governmental agency to determine its usefulness and decide whether it should be allowed to continue or be abolished, merged with another agency, and/or reformed to better serve the public.

Key Terms:

·         Whistleblower: a government official who may or may not have the responsibility to report wrongdoing, expose corruption, illegal behavior, misuse of public funds, etc.  Often these individuals are punished for reporting and publicizing problems that should be addressed.

·         Legislative Veto: developed by Congress and inserted in over 300 laws.  This was a provision that allowed Congress 60-90 days to review new bureaucratic rules and regulations that were written and about to go into effect.  If Congress concluded these regulations and rules did not follow their intent when the law was passed, they could block (or veto) the rule (thus killing it) by a majority vote of either one or both houses of Congress.  This was a congressional check on the bureaucracy.  Unfortunately, the US Supreme Court ruled this unconstitutional in the Chadha decision in 1983, saying that it allowed Congress to interfere in executive branch areas, thus violating the concept of separation of powers.  Result: Congress lost an important check on the bureaucracy.

·         Oversight: Congress’s (and any legislature’s) responsibility to go back and check to make sure that they laws they have passed are being correctly implemented.  (Congress often lacks the time and desire to do this as thoroughly as they should.)  It is the responsibility of each committee to conduct oversight on laws and programs that originated from their committee.

·         Iron triangle: Refers to the close relationship and exchange of favors between three groups—the bureaucracy, interest groups, and congressional committees.  Often referred to as a “subgovernment”—a powerful alliance of mutual benefit among an agency or unit of government, an interest group, and a committee or subcommittee of Congress.  Interest groups are “capturing” a segment of the bureaucracy to protect their interests.  This undermines the public interest and presidential control over the bureaucracy.