American Government
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6 The Executive Branch
Learning Objectives
By the end of this chapter, you should be able to do the following:
Describe the history and evolution of the federal bureaucracy Analyze the differences between political administration and civil‐service administration Analyze the relationship between the nature and structure of American bureaucracy and American political culture Describe the essential functions of bureaucracy and analyze differences between various types of agencies and departments within the bureaucracy Describe how the political branches of government attempt to control the bureaucracy and ensure accountability
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President Obama appointed Carol Browner his energy czar in October of 2009. Presidents appoint czars for the sake of having more policy control concentrated in the White House.
Analyze tensions between political and career civil service administration
Upon taking office in January 2009, President Obama appointed a series of "czars"—essentially White House counselors tasked with particular policy responsibilities—to oversee a variety of policy areas. They included a green jobs czar to promote environmentally sound jobs creation, an energy czar to oversee alternative energy solutions, a pay czar to monitor the compensation packages of top officials in financial brokerage houses (especially those that received federal money as part of a bailout), and a regulatory czar to advise on issues of regulation.
Critics of these czars charged that the president was attempting to circumvent the bureaucratic process by running things from the White House, rather than through the traditional executive branch departments. After all, a jobs policy can be taken care of by the Department of Labor, energy by the Department of Energy, and pay matters by the Department of Treasury. Critics also charged that by appointing czars who would work in the White House, rather than as assistant secretaries in the various departments, the president was avoiding the traditional appointment process, which requires Senate confirmation. During the 2008 presidential campaign candidate Obama pledged transparency, but the appointing of so many czars was seen as anything but transparent. It was also
viewed as an attempt to avoid traditional legislative oversight, as these czars could not easily be summoned to testify before Congress (they are mostly considered advisory in nature and therefore not subject to the Freedom of Information Act or requests for testimony).
Attempts to run the government out of the basement of the White House are nothing new. The roots of the czar concept lie in the 1939 Brownlow Committee report, which brought about a sweeping reorganization of the executive branch of government. Among the changes was the creation of the EOP, which led to a greater concentration of policymaking and oversight of agencies and departments in the White House.
Presidents with active policy agendas often feel that they can achieve better results if they do not have to rely on a federal bureaucracy that is beyond their control. Although the president of the
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United States is technically chief executive and chief operating officer of the executive branch, in reality the federal government is a vast organization of several million employees, many of whom are protected by civil service rules. A president can control his advisers in the White House because they serve at his pleasure, but he has no such authority over the bureaucracy. While he can always remove those he appoints to departments and agencies, there are usually political consequences to doing so. A president will ultimately need the bureaucracy to implement his programs and policy agenda after Congress passes them.
In this chapter, we will look at the bureaucracy that makes up the executive branch of government. We examine the concept of a bureaucracy, how it developed in the United States, what it does, and how it can be made accountable to the public.
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The Pervasiveness of the Federal Bureaucracy
It is almost impossible to go through an hour of the day without coming into contact with some aspect of the federal bureaucracy. The government's enormous administrative capacity makes it possible for the United States to have an ambitious array of public programs and services. As large as it is, the federal workplace is organized as a series of lightly governed fiefdoms.
6.1 The Federal Bureaucracy The federal bureaucracy is the structure of administrative agencies and departments in the executive branch of the federal government that is responsible for delivering public goods and services. For instance, the Social Security Administration is a federal agency that delivers retirement funds to older adults. The Social Security checks that retirees receive are considered public goods and services. The bureaucracy is also responsible for the actual carrying out, or implementation, of laws. While Congress and the president enact legislation, which establishes intent to do something, the bureaucracy has to make it happen. As an example, Congress voted to pass the nation's healthcare reform legislation, and the president enacted it into law by signing it. But the responsibility to implement it was given to the Department of Health and Human Services (DHS), an agency in the executive branch, through a process of delegation of authority. (Authority for this particular law is also delegated to state governments, as they are responsible for setting up the healthcare exchanges, among other features of the statute.)
Defining Bureaucracy
The term bureaucracy comes from the French term bureau, meaning departments. The term's roots reach back to the fourteenth century, when field administrators in the French Chamber of Accounts would place their financial records on a brown woolen cloth, called a la bure, which covered a table facing the king's auditors. The room came to be known as "the bureau," and the way the officials did their work was known as "bureaucracy." The term has never really had positive connotations. In 1836, the French novelist Honoré de Balzac called the bureaucracy "a gigantic power manipulated by dwarfs."
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The German sociologist Max Weber suggested that a bureaucracy was the highest form of efficiency.
Today we use the term to mean the breaking down of administration into departments that have a specific purpose. The bureaucracy in the United States, partly made up of a vast civil service, will be there regardless of who is elected to office. The purpose of the bureaucracy is to establish an administrative framework to implement the decisions made in the political process. By definition, then, the bureaucracy is politically neutral.
The late nineteenth‐ and early twentieth‐century German sociologist Max Weber suggested that a bureaucracy was the highest form of rationality. He defined rationalism as efficiency, or the ability to achieve a set of objectives at the least cost, and he argued that bureaucracy was the most efficient administrative structure. For Weber, bureaucracy had several characteristics. First, it was based on principles of full and official jurisdictional areas, which meant that there would be a division of labor. Second, it was ordered by rules, laws, or administrative regulation, which ensured that it would not operate in an arbitrary manner. Third, the regular activities of the bureaucracy were distributed in the form of official duties. Fourth, the authority to give commands was based on rules. Fifth, a bureaucracy had provisions for the regular and continuous fulfillment of officials' stated duties. And sixth, only those who possessed generally regulated qualifications would be employed.
These principles are still found in the modern American bureaucracy, especially in the requirement that executive branch functions are based upon written documents. Positions are legally defined, officials normally hold a form of tenure, and the salary of officials is based on status, or some type of rank within the organization. The bureaucracy allows the executive branch to divide administrative responsibilities based on specialization, and it allows specialists in particular areas to perform their functions according to objective criteria. This means they are guided by whether their actions accomplish the objectives set forth in legislation enacted by political figures. It is not their responsibility to get involved with questions of whether those objectives are necessarily good; those are considerations for elected officials. Bureaucrats in effect do what they are told, and on a certain level do it in a mindless fashion, which is why Balzac referred to them as dwarfs.
Political Appointments Versus Career Civil Service System
The bureaucracy is made up of two distinct components: political appointments and the civil service system. Whereas the career civil service system is viewed as the permanent government, the
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political administration is viewed as a temporary one, because it is always replaced by the next president. Each president has a political administration composed of his immediate White House staff, his cabinet, and the political appointees who staff the various agencies and departments in the government. As an example, in the U.S. Department of State, there is a secretary of state and several assistant secretaries. Each assistant secretary is responsible for a specific policy or programmatic area, like the assistant secretary for European affairs and the assistant secretary for East Asia. Political appointees in the administration also include the various ambassadors stationed abroad. Each embassy around the world has an ambassador and several counselors who are also political appointees. Below the political appointees are members of the civil service system, and in the case of the State Department, the civil servants are members of the Foreign Service corps.
The key differences between political appointees and civil servants are the method by which they obtain their jobs and the nature of their loyalties. Political appointees are appointed by the president and are confirmed by the Senate. Their loyalty, therefore, is to the president and his policy positions. They serve at the pleasure of the president and can be removed by him at any time and for any reason. Their term of service usually lasts no longer than the president's.
Career civil servants are hired by the U.S. Office of Personnel Management, and they are chosen on the basis of merit. Individuals going into the civil service expect to make a career out of working in the government; they often start out in entry‐level positions and work their way up the bureaucratic ladder to more senior‐level management positions. Career civil servants are supposed to be loyal to their agencies and dedicated to the neutral delivery of public goods and services. They are governed by the Hatch Act of 1939, which is a federal law that prohibits federal employees from participating in partisan political activity. It specifically prohibits intimidation or bribery of voters and restricts political campaign activities by federal employees. Federal employees below the policy‐making level are not permitted to have "any active part" in a political campaign and are prohibited from using any public funds designated for relief or public works for electoral purposes. Additionally, officials who are paid with federal funds are prohibited from promising jobs, promotion, financial assistance, contracts, or any other benefit as a way to coerce campaign contributions or political support.
The Hatch Act was an outgrowth of a long tradition of civil service reform. Named after Senator Carl Hatch of New Mexico, it was a specific response to allegations that workers in the Work Progress Administration, one of the New Deal Programs, were used by local Democratic politicians in the 1938 congressional campaign. It also prohibits federal employees from being members of "any political organization which advocates the overthrow of our constitutional form of government." This has been interpreted to preclude membership in the Communist Party and labor organizations. In practical terms, this means that an administration official may attend a fund‐raiser for members of the president's political party, but a career civil servant may not. And while a civil servant is permitted to vote, as is any citizen, he or she may not campaign for any political candidate.
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Woodrow Wilson argued that administration should be separate from political and policy concerns.
Politics Versus Administration
The federal bureaucracy is structured on the principle that politics should be separate from administration. The reason for the separation is to maintain accountability. In the 1880s, political scientist Woodrow Wilson, who would later become president, put forth what has come to be known as the classical model of public administration. Proposing a strong executive who would also be accountable, Wilson argued that administration should be separate from political and policy concerns. Rather, it should be concerned solely with the "detailed and systematic execution of public law." Law and policies are made by elected officials who are held accountable by voters at the ballot box. If the public is unhappy with the policy choices made by elected officials, it can always vote them out of office. The role of the bureaucracy is to implement those policies. Wilson specifically called for a set of principles to guide administrators in the efficient performance of their duties.
Consider for a moment a member of Congress who needs to raise money for his reelection. It would not be out of the ordinary for wealthy contributors to have greater access to him and a greater chance of being listened to than ordinary voters. But we would not want a civil service system to give preference to rich people or to Republicans over Democrats in the delivery of benefits like Social Security payments. The point of the separation is to ensure the delivery of pubic goods and services will happen on an impartial and equal basis. Civil service, then, requires an intricate set of procedures and rules that must be followed so that the delivery of services will, in fact, be impartial and professional.
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This cartoon alludes to the fact that Andrew Jackson was closely associated with the spoils system, which he used to reward people who voted for him.
6.2 The Rise of the Civil Service System The modern civil service system is an outgrowth of the Progressive era in American history, when social and government reformers sought to deliver governmental services on the basis of merit. The idea of a neutral, non‐partisan, and impartial civil service system was revolutionary. Prior to the civil service system, people obtained government employment through political connections, known as the spoils system.
The Old Spoils System
Under the old spoils system, the political party that won office would be able to staff the government. Each time somebody new was elected, that person would replace those working for the government with new employees who were loyal to him. This was literally a system of "to the victor go the spoils." This meant that nobody could be assured of long‐term government employment, and workers were subject to being fired when their patron either left office or was defeated in an election. Workers did not necessarily have to be qualified for their jobs; they only needed to be loyal. It would not be uncommon, for instance, for the local postal worker to be replaced after a presidential election.
Andrew Jackson first used the spoils system to reward people who voted for him. Following Jackson's inauguration as president in 1829, about 10 percent of the federal workforce, mostly in the Post Office, was replaced. Despite attempts by administration officials to justify personnel changes, it became evident that the sole criterion for employment was loyalty to Jackson.
Ironically, the spoils system reflected Jackson's revolutionary democratic spirit. Government was supposed to belong to the people. By that standard, it should be staffed by ordinary citizens, not technical experts. But the problem with this system was uneven delivery of services. As an example, a mail carrier whose loyalty was to Jackson and his Democratic Party might be less inclined to deliver mail with the same frequency or care to those areas that supported Jackson's opponents. Subsequent presidents continued to use the spoils system to encourage people to vote for them.
The spoils system was anti‐professional and anti‐statist. One
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After President James Garfield was assassinated by a rejected office seeker, Garfield's successor, President Arthur, signed
of the legacies of the American Revolution was a deep‐seated distrust of centralized power, which meant that Americans had a very negative view of the state. For most of American history, the most desirable government was the one that governed least. A government staffed by experts or elites might be unaccountable to the public. In Europe, where there was a much stronger tradition of the state, it was considered a matter of prestige to be a civil servant. But in those societies, one who served the public did not necessarily need to be accountable for the simple reason that civil servants had expertise while the public did not. Jacksonian democracy, by contrast, was built on the premise that the common man should govern. Moreover, at the federal level, there was not much for government workers to do. It was only as governmental operations became more complex that there would be a greater need for professionalism.
The Good Government Reform Movement
The Good Government Reform movement sprang from the Progressive era of the late nineteenth and early twentieth centuries. There were efforts at the national level to eliminate spoils and replace it with a professional civil service system as early as 1865, but the reforms that would lead to the modern administrative state really began at the local level. In a city like New York around the turn of the century, neighborhood ward leaders would typically offer patronage to immigrants. They would go the docks to greet new arrivals with offers of employment and assistance to find housing and other needs. Often the ward leader would own a construction company that held contracts with the city to build things.
Meanwhile, these men also controlled party nominations, and they could help guarantee that their people would be elected by delivering the support and votes of their immigrant employees. In exchange for jobs, the ward leaders would request that employees support their candidates. Elected city leaders owed something to the ward leaders who put them there, and they paid that debt with construction contracts.
The spoils system also allowed ward leaders to reward their loyal followers with jobs in the local bureaucracies. Irish immigrants and their descendants, for instance, staffed many police departments. As a result, many elites felt that they were being displaced. The only way they could see to reclaim what they considered to be their lost and rightful positions was to choose employees based on merit. In other words, by changing the rules of the game, more educated elites could displace those whose only qualifications were loyalty.
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a law to do away with the spoils system. Reformers at the local level sought greater efficiency and equity in the delivery of governmental services by
pushing to require workers to take and pass qualifying exams. At the federal level, the impetus for replacing the spoils system was the 1881 assassination of President James Garfield, who was shot by a disgruntled office seeker whose repeated requests for a job through the spoils system had been rejected. Garfield's successor, Chester Arthur, had no interest in continuing with a system that he thought resulted in the death of his predecessor, so in 1883 Congress passed and Arthur signed the Pendleton Civil Service Reform Act. Sponsored by Senator George Pendleton of Ohio, this act sought to do away with the spoils system by creating the United States Civil Service Commission to run the civil service of the federal government. Under the new law, applicants for certain jobs would be required to take the civil service exam. Hiring would be based on qualifications and merit, and elected officials and political appointees would no longer be able to fire civil servants. This removed civil servants from the influences of political patronage and partisan behavior.
Efficiency
A civil service system based on meritocracy was supposed to achieve efficiency in the delivery of public goods and services, and with the professionalization of the bureaucracy came the idea that government should be run according to scientific principles of management, which apply business techniques, or departmentalism, to the public‐sector and administrative management. Departmentalism focuses on the formal organizational chart; it also refers to division of labor and specialization, or the effort to identify the tasks necessary to accomplish an objective and the grouping and coordination of those tasks to maximize organizational efficiency.
Figure 6.1: The Government of the United States
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The government of the United States is formally organized to achieve efficiency. Business techniques are applied in managing various departments.
Frederick Winslow Taylor is often viewed as the father of scientific management. Taylor was concerned with how management could take otherwise lazy workers and use "carrots and sticks" to turn them into efficient and productive ones. If good management in private industry could achieve efficiency in the production and distribution of goods and services in the marketplace, then good management in government could achieve efficiency in the delivery of public goods and services.
Efficiency, in simple terms, means producing goods for less cost. Efficiency in public service delivery could be improved if those responsible for their delivery were not bogged down in politics. Efficiency
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could also be achieved if public goods were delivered evenly and impartially. And yet efficiency would be harder to measure in government than in private industry. As an example, if General Motors introduces a new car model, its cost effectiveness can be measured by tallying up the revenues earned through sales and comparing them with the costs of production. But there would be no way to measure the cost effectiveness of, for example, maintaining national parks. The value of people's enjoyment of the beauty of national parks may be priceless. Even if there are revenues from entrance fees, they might not exceed the costs of maintaining the parks. In the business world this would fit the definition of inefficiency.
A government bureaucracy cannot always apply marketplace efficiency to the public sector. The role of the bureaucracy is to serve the public interest. Still, it is not uncommon to criticize the federal bureaucracy for being inefficient. Because civil servants are immune from politics and almost impossible to fire, elected officials cannot easily control the workings of the government. Similarly, the political appointees who head agencies, unlike managers in the private sector, have no real power to remove workers perceived to be inefficient.
Meritocracy and the Division of Labor
American bureaucracy is built on the twin concepts that individuals should be hired because of their abilities to perform certain tasks, and that the bureaucracy itself is organized according to function. In the State Department, for instance, there is a division for Economic, Energy, and Agricultural Affairs; a division for Political Affairs; and a division for Arms Control and International Security Affairs—just to name a few. There are obviously many functions that the State Department performs, and if the same individuals had to perform them all, they would spread themselves thin across the department. Division of labor allows individuals to specialize and become expert in something specific, allowing for greater efficiency.
Along with this division of labor go two principles that underpin bureaucracy generally, and American bureaucracy in particular: chain of command and span of control. The chain of command refers to the hierarchical nature of the bureaucracy. A department secretary oversees undersecretaries, who oversee assistant secretaries, and so on. The span of control refers to authority that a particular supervisor might have over subordinates in several units. When the chain of command and span of control are put together, the structure of the bureaucracy resembles a pyramid with the head of a department at the top and line workers at the bottom. The line workers are those, like case workers in a welfare office or customer service people in a Social Security office, who are essentially the public face of the federal bureaucracy for those who need their services.
Political scientists Donald Kettl and James Fesler suggest that the concept of bureaucracy conjures up contradictory images. One image is that of cumbersome "red tape" and civil servants who are inefficient, unresponsive, and unhelpful. The other is of a body of highly efficient officials who have
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amassed considerable power and who make arbitrary decisions that trample the rights and liberties of citizens. But the bureaucratic structure actually ensures administrative accountability and limited government by default. If those at the bottom of the hierarchy have to get approval from their immediate supervisors before they can act, and they, in turn, need the approval of their immediate supervisors and so on up the chain of command, the effect is for government not to be able to act arbitrarily. A government that cannot act arbitrarily is ultimately one that cannot encroach upon individual rights and liberties. This is especially important when decisions might be made by civil servants who are immune from public pressure. It is also important because it reflects Americans' historic distrust of big government and centralized authority. A chain of command built on accountability, even if it slows down the process, is in the American public interest.
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IRS employees sift through tax returns at an IRS tax form processing center. As part of the bureaucracy of the executive branch, the IRS enforces policy that has been passed by Congress.
6.3 What Do Bureaucrats Do? In simple terms, bureaucrats take orders from those above them and give orders to those below in order to administer programs and deliver public goods and services. In the spirit of separating administration from politics, bureaucrats in the United States implement policies and administer programs created by elected public officials.
Implement Laws, Policies, and Programs
The bureaucracy, as the organizational form of the executive branch, "executes" laws and policies passed by the legislative branch. As such, much of the bureaucracy is devoted to regulating individual and group behavior. If Congress passes, for example, a new tax on millionaires, there has to be an agency or department to collect those taxes. In this case, that department is usually the Internal Revenue Service (IRS), which is part of the U.S. Treasury. The IRS monitors individuals' incomes and the taxes they pay through reporting requirements. Because the IRS has the authority to enforce the existing federal tax code, we as individuals are required to file annual tax returns, and the IRS can audit those suspected of fraud. If individuals do not submit the taxes they owe at the end of the year, the IRS can collect them by putting a lien on an individual's wages. It can also enforce collections by initiating judicial proceedings against those suspected of tax evasion.
All these activities are examples of an agency implementing laws that Congress passed and that, by extension, reflect the will of the people. The bureaucracy also includes FBI agents who investigate crimes and federal prosecutors who prosecute people for them, workers who deliver the mail, physicians in veterans' hospitals, caseworkers who process applications for public assistance, analysts in the Department of Labor who report on monthly unemployment figures, and scientists in the National Institutes of Health (NIH) who look for cures for cancer or in the National Aeronautics and Space Administration (NASA) who work on American space shuttles.
Make Laws Through Rule‐Making
In theory, the bureaucracy does not make laws, as only Congress has the authority to do so. In reality, though, the bureaucracy does effectively make law through its rule‐making function. The
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The Federal Register, founded in 1936, is the official journal of the federal government.
basis for this is the delegation of authority. When Congress passes a law, such as for the provision of public assistance, it delegates authority to the department or agency that will be responsible for its implementation, which in this case would be the Department of Health and Human Services. That department then puts together criteria for eligibility and rules that have to be met for those applying for benefits. These rules include things like what applicants must do to receive their benefits and the rights of recipients once benefits are approved.
These rules are usually published in the Code of Federal Regulations (CFR) and may also appear in the Federal Register. The Federal Register is the official journal of the federal government, and it contains most routine publications and public notices of government agencies. All federal agencies that are required to promulgate regulations in the CFR are also required to publish in the Federal Register. Each agency is also required to publish sections of the CFR that will be affected by rulings in the day's Federal Register. Both publications are important because they demonstrate that bureaucracy is defined by written rules. Published rules are considered by the courts to be as legally binding as statutory law—law made by Congress—provided that they are a reasonable interpretation of the underlying statute.
The bureaucracy thus establishes a written record of what it does, which is available to all. It therefore cannot be said to be operating in an arbitrary fashion. However, by establishing criteria for who might qualify for benefits, the bureaucracy is in effect making policy. Returning to the earlier example of the IRS, by passing a tax code, Congress establishes certain exemptions, deductions, and credits, but it is the IRS that writes up the rules for how they apply to specific individuals. In its practical application to real people, the IRS is making tax policy.
Bureaucracy and Judicial Power
The bureaucracy also exercises a degree of judicial authority through its administrative adjudication function. When an agency writes rules for how people can receive benefits, it also establishes procedures for how benefits can be terminated. The Administrative Procedures Act has adjudicatory requirements that apply when an agency's statutes require that an order—not an agency rule—be
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issued. The order is "to be determined on the record after opportunity for an agency hearing." The result is that such proceedings are to be conducted in a fashion similar to a court.
Proceedings are presided over by impartial administrative law judges who are appointed by the agency with the approval of the Office of Personnel Management. Administrative law proceedings include oral hearings and cross‐examination of witnesses and are fully recorded along with documentary evidence. An administrative law judge makes an "initial decision" that is final unless it is appealed to the head of the agency. An agency head can also make a decision after receiving a recommendation from the administrative law judge. Still, courts can review the decisions of agencies, but they are likely to overturn decisions only if they do not conform with the procedural requirements of the Administrative Procedures Act and other statutes. Or they may overturn a decision if they find that an agency's "action, findings, and conclusions" are not supported by substantial evidence.
The bureaucracy in effect acts like a court, and what occurs is an administrative hearing. Suppose, for example, that the Department of Health and Human Services decides to terminate a recipient's benefits because he failed to abide by the rules. Suppose the specific rule was that he had to report to a work site for a minimum of twenty hours a week, and he failed to do this. DHS, of course, justifies its actions by pointing to the rules in the Federal Register. Still, the recipient is a citizen and has rights, so he appeals the termination of benefits decision. He presents his case to a panel in DHS that will hear and adjudicate the appeal. The judicial power of the bureaucracy is referred to as agency adjudication, and it occurs when someone has violated agency rules. If the recipient who loses benefits is not satisfied with the result of the hearing, he can always appeal the results to an actual court.
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6.4 Types of Bureaucratic Departments The federal bureaucracy is made up of several types of organizations, and the president, at least at the political level, makes different types of appointments to each. Most Americans are familiar with the traditional cabinet departments like Justice, Treasury, and State. But there are also independent agencies, independent regulatory commissions, and government corporations. Each of these types of organizations has layers of political appointees and civil servants.
The Cabinet
The 15 cabinet departments, listed in Table 6.1, comprise about 60 percent of the federal workforce. These departments fall into three general categories: functional, clientele, and geographic. Regardless of type, each cabinet department is further divided into various smaller units, such as bureaus, divisions, or offices. These smaller units are often where much of the work gets done.
Table 6.1 Cabinet Departments
Type Department Function
Functional departments perform a specific function or serve a specific purpose.
Department of Defense (DOD)
Coordinates the nation's defense
Department of Education (ED)
Promotes educational quality and equal access to education
Department of Energy (DOE) Advances the national energy security
Department of Homeland Security (DHS)
Protects the country and its citizens from terrorist attacks
Department of Housing and Urban Development (HUD)
Improves and develops the nation's communities and enforces fair housing laws
Department of Justice (DOJ) Enforces federal law and prosecutes criminal violations of it
Department of State (DoS) Handles foreign policy and represents the nation abroad
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Department of Transportation (DOT)
Ensures a fast, safe, efficient, accessible, and convenient transportation system
Department of the Treasury Manages taxes, revenue, and sometimes broader economic policy
Clientele departments serve the interests of a particular constituency.
Department of Agriculture (USDA)
Serves the interests of farmers
Department of Commerce Serves the interests of businesses
Department of Health and Human Services (HHS)
Helps low‐income individuals access free or low‐cost health services and affordable housing
Department of Labor (DOL) Helps American workers by improving working conditions, addressing job training, minimum wage, employment discrimination, and unemployment insurance
Department of Veterans Affairs (VA)
Administers benefit programs for veterans, their families, and their survivors
Geographic departments are often tied to a specific area of the country.
Department of the Interior (DOI)
Maintains national parks and other public lands (most of the nation's parks are in the west)
Source: http://www.whitehouse.gov/our‐government/executive‐branch (http://www.whitehouse.gov/our‐government/executive‐branch)
Independent Agencies
An independent agency is a federal body that is independent of both the president and Congress. Congress creates the agency and the president appoints people to it, but after that, neither Congress nor the president have much control. That is the idea: to have an agency that can oversee a specific policy or program function without being subject to political pressures.
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Fed Chairman Ben Bernanke was nominated by President George W. Bush and serves as part of the Obama Administration, but makes decisions independent of executive oversight.
The Securities and Exchange Commission was started in 1934 and regulates activity on Wall Street.
The Federal Reserve Board, or "the Fed," which regulates banks and the money supply, is an example of an independent agency. The president appoints a chair for a period of four years, and people who are known as governors for fourteen‐year terms. Once they are in place, the president cannot remove them. Although Congress regularly calls the Fed chair to testify, it has no authority over the agency short of rewriting the legislation that created it in the first place. The Fed directs monetary policy, which involves pumping more money into the economy during a recession, usually by lowering interest rates, and contracting the money supply during times of inflation, usually by raising interest rates. Congress can do the same through what is known as fiscal policy, pumping more money into the economy during a recession, usually through tax cuts, and contracting it during inflation, usually through tax increases. These actions almost always carry political ramifications, however. While cutting taxes often wins votes, raising them frequently leads to defeat at the polls. Allowing the Fed to manage the money supply on the basis of its expert knowledge of the economy often means more can actually get done.
Independent Regulatory Commission
An independent regulatory commission is very much like an independent agency, but it has a very narrow focus and specific function. Again, the idea is to remove political pressure from its authority and function. Examples include the Securities and Exchange Commission, which regulates trading activity on Wall Street; the Federal Elections Commission, which regulates campaign and election activity; and the Interstate Commerce Commission, which regulates the movement of goods across state lines. If regulation were handled by Congress, it might not happen at all, and it certainly would not happen evenly. Likewise, if the Federal Election Commission were subject to traditional executive branch control, it might be loath to investigate, say, illegal campaign contributions to the presidential candidate who
won the election and is therefore now the commissioners' boss. Only by being immune from political pressures and from arbitrary removal can an independent regulatory commission do its job.
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Government Corporations
A government corporation is a legal entity created to exercise some of the powers of the government. It is either wholly owned or partially owned by the government, and is often structured as a nonprofit organization. However, it is not entirely part of the federal bureaucracy. Government corporations are intended to serve a valued public purpose while maintaining a degree of independence. An example is the Corporation for Public Broadcasting (CPB), which is responsible for public television and National Public Radio (NPR). Much of the funding for these institutions comes from viewer and listener donations, but a sizeable portion also comes from Congress through an appropriation to the Corporation for Public Broadcasting. While the government funds much of the enterprise, the CPB's independence from the executive branch frees the corporation to do news stories that may be critical of government.
Types of Political Appointments
Political appointments often fall into three general categories: specialists, careerists, and clientelists. These types of appointments may or may not correspond to different types of agencies (functional, clientele and geographic). The specialist appointee generally has specific expert knowledge that is critical to running a functional department. As an example, the State Department is functional, in that its specific purpose is foreign policy. However, a secretary of state and his or her assistant secretaries are likely to be foreign policy experts and are therefore examples of specialist appointments.
Presidents do not always appoint specialists to the top position. Many times they appoint careerists, prominent political figures who have served in different presidential administrations in a variety of capacities. Careerists bring knowledge of how Washington works and how to work through the bureaucracy, and they often have connections with members of Congress. Because the appointees are the ones who have to represent their agencies and departments before Congress, their congressional connections are critical, especially when it comes to requests for funding. An example of a careerist is George Schultz, who served as President Nixon's secretary of labor and President Reagan's secretary of state. Likewise, Cyrus Vance was President Kennedy's secretary of defense and secretary of the army, and President Johnson's deputy secretary of defense before President Carter picked him as his secretary of state.
Sometimes a president appoints a careerist because he would like to have a greater say in a particular policy area. For instance, careerists are often appointed to be secretary of state by presidents who consider themselves sufficiently expert in foreign affairs. A non‐expert at state allows a president to run policy from the White House. This was true in the early years of the Nixon administration, when James Rodgers was secretary of state and Henry Kissinger was national security
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An example of a careerist appointment would be when President Richard Nixon, center, had James Rodgers, left, as secretary of state but appointed Henry Kissinger, right, as national security advisor. His goal was to run foreign policy from the White House, not the State department.
advisor. Foreign policy was generally run from the White House and the secretary of state was little more than a figurehead. Later, when Kissinger became secretary of state, foreign policy was once again made in the State Department. Although the term was not used then, Kissinger was in many respects Nixon's foreign policy czar.
The clientelist is the third type of appointment that presidents make, usually to agencies or departments that serve a specific clientele. A clientelist is often appointed because he or she is believed to satisfy a particular constituency and can bring that constituency's support back to the president. An example of this is the secretary of agriculture. Because the Department of Agriculture primarily serves the interests of farmers, it makes sense to appoint an agriculture secretary from those states that form the farm block. Coming from that area, he or she will understand what farmers want and may be able to deliver the farmers' support in the next election.
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6.5 Who Controls the Bureaucracy? The federal bureaucracy is often referred to as the "fourth branch" of government, meaning that it is almost like a branch unto itself. Because most workers in the bureaucracy are civil servants, it is very difficult for political leaders to control what they do. In the private sector, a worker who does not do what the president of his company wants can be fired. Employment is considered "at‐will," and workers can be fired for any reason. That is not the case with the civil service system, where the president or even his political appointees cannot easily remove a career civil servant. Civil service workers are protected by civil service rules, and to remove a civil service employee, even for cause, requires several steps in a protracted process that guarantees the employee's rights to appeal.
Unlike in the old spoils system, a new Republican president cannot order the termination of all employees in the Department of Health and Human Services because he thinks they might have voted for his Democratic opponent in the last election. A civil servant can be fired for failure to perform his or her duties, but the procedures to do so are complex. Supervisors have to document that the employee has not been performing adequately, and the employee facing termination has a right to appeal to the Civil Service Commission.
Still, there are ways to control the bureaucracy, or at least make it more accountable. Foremost among these are the president's ability to control budgets for specific agencies, and Congress's ability to hold legislative oversight hearings. Even though it is immune from traditional political pressure, at the end of the day the bureaucracy, like any other institution, still needs to maintain a measure of support from the public.
Presidential Control
Political scientist Francis Rourke has observed that a key theme in American politics over the years has been the struggle for control over national policy between the White House and the bureaucratic organizations. Rourke suggests that a president has three courses of action. First, he can fill the top echelon of executive organizations with political appointees who share his values and hope that they will protect his interests. Second, he can assign members of the White House staff to monitor the work of executive agencies. Third, he can create structures in the White House that will take the lead in policy areas of importance to him. The use of White House czars reflects this third course. In the past, however, it was in response to a deep dissatisfaction with bureaucratic performance.
As mentioned in the opening vignette, President Obama started his administration off with czars, signaling that he would prefer that policy direction come from him and the White House. President Nixon, in particular, used this approach when he made all foreign policy through Henry Kissinger and
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The president can often use the budget to exert a degree of executive control over bureaucratic agencies.
the National Security Council rather than James Rogers and the State Department.
The president can also control the bureaucracy through the budgeting process. Although Congress technically appropriates money and therefore must approve of budgets, as we discussed in Chapter 2, the president prepares the budgets and submits them to Congress.
There are three basic budgeting techniques: line‐item budgeting, planning program budgeting, and zero‐base budgeting. With line‐item budgeting, money is appropriated for specific items like equipment, personnel, and programs. A department that received $40 billion last year can usually expect the same this year and perhaps 4 percent more. If there are to be budget cuts, its budget will not be cut very much—maybe only by 2–3 percent. This is also known as incrementalism, which is the idea that everything is done in small steps. The point of line‐item budgeting is that it is predictable, and there is very little concern that a department or agency will be completely defunded. However, without such danger, the president does not enjoy the same level of control that he might were he able to eliminate departments or agencies. Moreover, a bureaucracy that can expect a consistent budget has very little reason to explain itself and justify how it is spending public monies.
A president might be able to achieve accountability by forcing agencies and departments to justify their expenditures based on the programs that they administer. Planning program budgeting (PPB) is a technique whereby a budget is organized around programs rather than items. The idea was first introduced during President Kennedy's administration by Defense Secretary Robert McNamara. A budget would be organized around specific programs like the North Pacific Fleet, Air Craft Carrier groups, and Amphibious Landings. The Defense department would undertake a cost‐benefit analysis to determine whether benefits of a particular program justify its
costs. This question, of course, is a political one, as benefits are determined according to whose interests are being served, or in terms of who is getting what, when, and how. The implication, however, is that if the benefits cannot be shown to justify the costs, the entire program can be cut. Politically, this is often difficult because every program has its own base of support. But it does force the bureaucracy to be accountable to the political leadership in the executive branch.
A third type of budgeting technique is known as zero‐base budgeting (ZBB), which was introduced during the Carter administration. The basic idea is that departments and agencies should not assume
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that just because they had a budget the previous year they are necessarily entitled to one now. On the contrary, they should assume that they have no budget and that they are preparing one from scratch. They are in effect being asked to explain to the political leaders what it is they do, why it is essential that they continue doing it, and just how any appropriation of public monies will be spent. In practice, those preparing budgets begin from a certain level of spending, perhaps around 80 percent of their previous budget. They then put together "decision packages" consisting of different ways that the level of services could be increased and then rank them. This way, political appointees can establish priorities for spending increases.
As with the PPB, ZBB requires bureaucrats to be accountable by engaging in public justification. ZBB similarly assumes that if the justification is not adequate, the agency or department can be eliminated. Again, it would be politically difficult to eliminate a whole unit because agencies and departments typically have supporters in Congress as well as among a variety of interests groups. Still, by forcing bureaucrats to jump through the hoops associated with both ZBB and PPB, the president is able to exert a little control. At the very least, he can ensure that an agency or department perceived to be out of control receives less money.
Management by Objective
Management by objective is the idea that the president and his political appointees can establish objectives for each program as well as a set of measures to determine whether those objectives have been met. Agency heads establish a set of quantified objectives to be achieved in the coming year and then break down each objective into quarterly targets. This process is repeated down the chain of command. The goal is to achieve greater efficiency through clearly stated objectives that are easily quantified. If everybody is forced to demonstrate that objectives are being achieved, and how they are being achieved, there will be greater accountability. Implicit in all this is the threat that if objectives are not achieved major changes can be made, including overhaul of departments, elimination of programs, and termination of personnel.
Congressional Control Through Oversight
As we mentioned in Chapter 4, Congress holds the executive branch accountable to the public through legislative oversight hearings. The bureaucracy cannot function if Congress does not appropriate money to it. Thus, controlling the bureaucracy through legislative oversight is a matter of bringing Congress's power of the purse to bear. Typically it is the political appointees who actually testify before Congress about what their departments are doing, how they are administering specific programs, and how public money is being spent. But it is the career bureaucrat who is often required to prepare the actual testimony. Agencies and departments are also required to submit reports to Congress on a periodic basis, and civil service workers write these reports. In an extreme type of control of this civil service workforce, Congress can administer a legislative veto based on the
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initial delegation of authority. On the basis of hearings, Congress can rewrite legislation to change the bounds of an agency's jurisdiction and authority. It can also appropriate less money to an agency. Congress does not need the president to request less money; it can do this on its own.
Judicial Control Through Drawing Boundaries of Proper Administrative Authority
Bureaucracies that implement policies and programs are an extension of the president executing the laws of the land. They are the administrative machinery of the executive branch. But the bureaucracy still has to operate within the bounds of the law. Thus, court rulings can affect the scope of administrative authority. A court can either expand bureaucratic authority or limit it. The IRS, for instance, routinely enforces tax collection through random audits of Americans. If the IRS intends to audit someone, that person is forced to comply, though he or she can bring an accountant or lawyer along to ensure due process. But suppose that somebody felt that an audit was a violation of his or her privacy. This person could file suit in court in an attempt to force the IRS to stop random audits. Were a court to order that future audits needed a prior court order so as not to invade privacy, it would, in effect, be narrowing the scope of the IRS's authority.
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6.6 Bureaucracy, Congress, and Interest Groups The relationship between Congress and the bureaucracy is not always characterized by Congress holding the executive branch accountable. There are also times when Congress and the bureaucracy work together to satisfy mutual interests. Additionally, there are instances when agencies appear to serve interest groups to the exclusion of the public interest. Some of these relationships are known as the iron triangle of representation, and others are referred to as bureaucratic capture.
Iron Triangles
An iron triangle is a relationship among a committee in Congress, an interest group, and an administrative department or agency whereby each attempts to satisfy the others for mutual gain (see Figure 6.2). For example, interest groups lobby members of Congress (that is, they try to influence them) for programs or projects that will benefit them. Congressional members in turn lobby administrative agencies for contracts to run these programs. The bureaucracy lobbies Congress for funds for programs so that they in turn can award contracts. They also lobby for budgets, because the size of a budget is often seen as a measure of prestige and power. Members of Congress may lobby the administrative agency to award a contract to a particular interest group in the hopes that they will be repaid with campaign contributions. Administrative agencies also seek to satisfy interest groups by awarding them contracts because some bureaucrats might want to trade government jobs for more lucrative private ones. They may also seek to satisfy interests in the hopes that those groups' lobbying of Congress will result in a greater appropriation.
Figure 6.2: The Iron Triangle
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An iron triangle represents the relationship among a congressional committee, an interest group, and the bureaucracy.
As an example, consider the Armed Services Committee in Congress, the Office of Contracts and Procurement in the Pentagon, and the various defense contractors (companies that design and manufacture military weapons and equipment). The contractors lobby the Armed Services Committee to appropriate money for the specific weapons systems that they build. The contractors also lobby the Pentagon for the contracts to build the systems. The Pentagon lobbies the Armed Services Committee to approve the weapons systems because that will result in a greater appropriation. Members of the Armed Services Committee want to appropriate money because if the systems get built by interests that happen to have plants in their districts, it will mean jobs for their constituents, which results in votes and campaign contributions. Members of the Armed Services Committee therefore lobby the Pentagon to award contracts to specific interests. Finally, staff members in the Pentagon seek to please the contractors because they may in the future obtain lucrative jobs with them.
By and large, these triangles are considered to be impenetrable. Although each point of the triangle does allow for various interests to gain access, the close relationships among the three sides make it extremely difficult to introduce new and innovative policies. Even if an idealistic president wants to cut the defense budget to have serious arms control, he would find it extremely difficult to do. However, an iron triangle does allow for "vicarious representation" in that many of our interests may be represented and served through the efforts of interest groups in their respective triangles.
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Officials from the FAA investigate a plane crash. The FAA is an example of bureaucratic capture because it is supposed to be serving the public interests but often gives in to demands of the airlines and other special interest groups.
Bureaucratic Capture
When an agency is in the service of its clientele and the interests of the clientele come before the interests of the public, it is said to have succumbed to bureaucratic capture. For instance, the Federal Aviation Administration (FAA) regulates the airline industry with the goal of keeping the flying public safe. But in practice the agency is often viewed as a traditional clientele agency whose first mission is to serve the interests of those it is supposed to regulate. If, for instance, it eases maintenance requirements on aircraft and an unintended consequence is a plane crash, critics will assume that those requirements were eased to allow the airlines to save money and boost profits. If the FAA had demanded harsher maintenance requirements, it would have been serving the public interest. Since instead it gave in to the demands of the airlines, it is an example of bureaucratic capture.
An agency may be captured as a function of an iron triangle. In these cases, not only does it specifically serve the interests of its clientele, but it does so with the express blessing of the congressional committee that is supposed to oversee it. When an agency is captured, there is in effect no accountability, and it is that much harder for politicians to control it. It generally takes a severe crisis or multiple crises, such as several plane crashes where hundreds of lives are lost, to break a bureaucratic capture.
Remedies
Political scientist Theodore Lowi contends that Congress is responsible for the creation of iron triangles and the bureaucratic capture that results. Because Congress delegates the authority to do things to the bureaucracy, interest groups will inevitably arise to get a piece of the action. The solution might be to withdraw the delegation of authority. However, this does not seem feasible because as citizens expect more of their government, they demand more of Congress, whose members must respond by creating new programs. Congress then has to delegate authority so that the new programs are implemented, and this in turn empowers the bureaucracy. As a consequence, bureaucracy becomes a symbol of big government, which is counter to the culture of limited government that the country was founded on.
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One remedy to the problem of a cumbersome bureaucracy might be a move toward limited government, but it is not clear whether that is realistic in a complex society. Lowi suggests the remedy of returning to "juridicial democracy," which would amount to limiting federal action "to those practices for which it is possible to develop a clear and authoritative rule of law, enacted democratically and implemented absolutely." In other words, federal action needs to be subject to popular control, as exercised through the representative Congress. Lowi even suggests that the Supreme Court be asked to declare unconstitutional any delegation of power to an administrative agency that is not accompanied by clear standards of implementation. In other words, Lowi contends that the traditional disdain for big government was really a concern that the executive would become all powerful and act arbitrarily.
A society as complex as the twenty‐first century United States requires a greater executive presence, which in turn involves greater bureaucracy. But there still needs to be checks on the powers of the executive, and the concept of juridical democracy is offered as one mechanism for ensuring that it does not act arbitrarily. Recall from Chapter 1 that the desire to check the executive was a key motive for the Declaration of Independence from the British.
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An anti‐statist tradition contributes to the feeling among many Americans that government control generally leads to more problems than solutions.
6.7 Bureaucracy in American Political Culture The revolutionary spirit from which the American nation was born has generally contributed to a negative perception of bureaucracy. Government institutions have not always been viewed in the most positive terms, and the bureaucracy has often been viewed as a concrete manifestation of government power.
Anti‐Statist Tradition
The United States has long had an anti‐statist tradition that has added to the ambivalence toward administrative agencies. One of the core American values is individual liberty, and because government institutions were designed to protect individual liberty through the separation of powers, there has long been a belief that liberty and strong central governmental authority cannot coexist. The Framers actually admonished that we should be jealous of government power, as such power would represent a threat to liberty. The growth of American bureaucracy, however, coincides with the transformation from passive to active government, and with the evolution from dual federalism to cooperative and then creative federalism, as discussed in Chapter 3. This growth has been contrary to the values of limited government.
It is not just that Americans are ambivalent about administrative agencies because they are concerned about their liberty, however. The anti‐statist tradition in America has also made them ambivalent out of the belief that government only fouls things up. Government should be limited in its function, the thinking goes, because individuals are capable of doing things better and more efficiently on their own.
Much of the opposition to healthcare reform had to do with concern that if bureaucrats decided who gets what type of treatment, individual liberty would be infringed upon, and that a system that was perceived to run well in the private sector would be destroyed by government control. If the costs of healthcare are too high, the argument goes, the answer is not government bureaucracy, but more competition in the marketplace.
Some of these views are derived from a conviction that markets are more efficient. But some of these views may also be derived from a historical distrust of government. The anti‐statist tradition in the United
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Government bureaucracy is intended to be slow and cumbersome so that individual liberty is protected.
States has a much longer history than the Progressive tradition, from which the more modern view of government as force for good descends. To a certain extent, modern administrative theory is built on the reality that markets do not always work and, left to their own unregulated, devices, free markets can result in unemployment, poverty, great disparities in wealth and income, products that only wealthy people can buy, and in general much human suffering and misery. The modern administrative state exists to compensate for many of these market failures. Free markets, in other words, require strong mediating bureaucratic structures, if they are to succeed for everyone.
Arguments for government regulation stem from the observation that government is not the only source of centralized power that citizens should be jealous of. Rather, corporations are also sources of strong centralized power with the potential to limit our freedom. Therefore, we need to be jealous of corporate power too. Government, then, has a role to play in making a more fair and equitable society.
Bureaucracy as Red Tape
The idea that bureaucracy is full of red tape implies that government cannot deliver goods and services efficiently. Consider two images: one is a McDonald's restaurant and the other is the U.S. Post Office. In McDonald's, the goal is to sell as much fast food as possible as quickly as possible. Fast food restaurants appeal to customers who do not want to take the time for a leisurely meal, but instead want speed at low prices. If customers are kept waiting in long lines for long periods of time, they will go elsewhere. Employees are expected to serve customers efficiently or they will lose their jobs. McDonald's follows the rule of competition, and when there is competition there is greater efficiency.
Customers at a typical post office, by contrast, often encounter long lines and inadequate service. Postal workers have little incentive to deliver services efficiently because they are protected from being fired by civil service rules. This runs contrary to Taylorite principles of scientific management, which hold that efficiency will be accomplished only if management can control the workforce through carrots and sticks. A civil service system removes that control. Because the post office has a virtual monopoly on mail service, customers cannot readily go elsewhere when they find themselves waiting in long lines for long periods of time.
When the post office is compared with the McDonald's restaurant, it looks inefficient. But the image
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of the bureaucracy as red tape extends beyond inefficiency at the level of line workers. It also implies that there are too many layers of decision making, which slow things down even further. The American cultural tradition of liberty and the pursuit of happiness in the marketplace have fueled this ambivalence toward administrative agencies.
Bureaucracy as Accountability
Political scientist James Q. Wilson has argued that the red tape and inefficiency of the bureaucracy helps ensure accountability. Like the American government, the bureaucracy is intended to function slowly and in a cumbersome manner in order to be accountable, with the effect being that it protects individual liberty. If bureaucrats have to wade through several layers of "red tape," they are forced to explain and justify their actions. This is the meaning of governing by written rules. A slow and tedious process also helps ensure that the actions taken are correct. The layers reinforce an administrative command, with authority passing through stages that provide accountability and thus protect liberty.
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Summary and Application The American bureaucracy is composed of the agencies and departments of the executive branch of government. The Framers had not originally addressed the role of the bureaucracy because they assumed, first, that government would be run primarily by Congress and, second, that most domestic functions would be performed at the state level. Over the years, the bureaucracy has grown because the role of government has expanded. The bureaucracy is an essential part of government because it implements policies and programs that are passed by the political branches. As such it is supposed to be politically neutral. But in the performance of its administrative function, the bureaucracy does perform a policy‐making and judicial function.
Because the goal of the Good Government movement was to separate politics from administration, the old spoils system, which was tied to politics, was replaced by a career civil service system designed to be immune from popular pressure. This means that politicians cannot remove civil servants and that they have little control over what the bureaucracy does. Presidents have been able to exert some control through the executive budgeting process, and Congress has been able to exert some control through the legislative oversight process. Both presidents and Congress have sought to ensure that government is accountable to political officials, who in turn are held accountable by the voters.
The factor that most helps to maintain accountability might be the hierarchical structure of the bureaucracy. Because it is structured on a chain of command and span of control, the bureaucracy cannot act swiftly. Each action must go through several layers of approval. This system protects Americans' individual liberty. Presidents have found this to be frustrating and have often sought to circumvent the bureaucracy with appointments of special "czars," which enables them to run policy from the White House, rather than from traditional departments. Presidents may have also opted to circumvent the bureaucracy because iron triangles and bureaucratic capture make it more difficult to initiate new programs or terminate old ones.
Key Ideas to Remember
The federal bureaucracy can be viewed as the permanent government whose responsibility it is to execute the nation's laws. The bureaucracy is made up of two distinct components: political appointees who are responsible for making policy, and career civil servants who are responsible for administering that policy. American bureaucracy functions according to the principle that those who are responsible for administration should not be subject to popular pressure.
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The civil service system is predicated on meritocracy, and the application of scientific principles of management rose to replace the old spoils system. This was seen to be a step in the direction of efficient and impartial government. The chain of command in the American bureaucracy, which is often labeled as "red tape," helps ensure accountability and protect individual liberty. It affects this because each actor cannot act without the approval of his or her respective supervisor up the chain of command. The American bureaucracy fulfills all the functions of the three branches of American government. It effectively makes law by writing rules that appear in the Code of Federal Regulations; it executes laws by implementing them; and it exercises judicial authority by holding administrative legal proceedings when its rules are violated. There has long been tension between the political branches and the bureaucracy. Presidents, in particular, have attempted to control the bureaucracy through various budgeting techniques, and at times even bypassing the bureaucracy by running operations through "czars" out of the White House. Although Congress seeks to control the bureaucracy through legislative oversight, it is often involved in an iron triangle relationship with the bureaucracy and interest groups that benefit from Congress's delegation of power. Although complex society requires an administrative state, Americans generally hold an anti‐statist tradition whereby they distrust government, and its manifestation in bureaucracy.
Questions to Consider
What is administrative neutrality and why is it so important? How did the bureaucracy evolve from a spoils system to the career civil service system and what were the reasons for it? What exactly does the bureaucracy do? If the bureaucracy is, in effect, making policy by plugging in details and performing a judicial function by holding administrative hearings, is the bureaucracy violating the principle of checks and balances? What are the different methods that the political branches can employ to control the bureaucracy? How has the nature of American political culture influenced the design of bureaucracy and the scope of its authority? Does the the appointment of policy czars violate checks and balances? Why or why not?
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Web Links
The Federal Register: http://www.gpoaccess.gov/fr/ (http://www.gpoaccess.gov/fr/)
The Code of Federal Regulations: http://www.gpoaccess.gov/cfr/ (http://www.gpoaccess.gov/cfr/)
U.S. Office of Personnel Management: http://www.opm.gov (http://www.opm.gov)
The U.S. Federal Government: http://www.usa.gov/Agencies/federal.shtml (http://www.usa.gov/Agencies/federal.shtml)
FedWorld.gov, A Program of the U.S. Department of Commerce: http://www.fedworld.gov/ (http://www.fedworld.gov/)
Key Terms
Key Term Definition
administration The bureaucratic level immediately surrounding the president, composed of political appointees.
bureaucracy The division of agencies and departments into sections known as bureaus.
bureaucratic capture When agencies are captive to the interests of those they regulate.
chain of command A hierarchical structure whereby power and authority flows from the top down to the bottom.
Civil Service Commission A body created to oversee and regulate the federal civil service.
civil service system Where federal employees are professional and hired on the basis of merit.
cost‐benefit analysis Evaluating a program and/or policy to determine if it is efficient, as evidenced by the benefits outweighing the costs.
delegation of authority When Congress grants power and authority to an executive branch department or agency to do something.
departmentalism When the bureaucracy is divided into separate departments, with each having its own purpose.
government corporation A special entity set up by government to achieve a public purpose but that can be independent of government; it relies
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on government for funding.
Hatch Act of 1939 Federal statute that prohibits civil servants from participating in partisan political activity.
incrementalism The idea that things are done slowly and in stages, whereby each stage builds on the one that came before it.
independent agencies An agency that is independent of both the president and Congress.
independent regulatory commissions
A body, like an independent agency, set up to regulate something specific.
iron triangle A relationship among members of Congress (usually committees in Congress), executive branch agencies, and interest groups.
line‐item budgeting An incremental budgeting technique in which money is appropriated for specific items like equipment, personnel, and programs.
line workers Those workers at the bottom of the bureaucratic hierarchy who may represent the face of the bureaucracy to the public.
Pendleton Civil Service Reform Act
The law that ended the spoils system and ushered in the career civil service.
planning program budgeting
A type of budgeting where the budget is organized around specific programs.
span of control When bureaucratic authority is spread out among several units, with each one performing specific tasks.
spoils system The old system of staffing the government whereby the party that won office replaced existing bureaucrats with people who voted for their candidate(s).
statist An attachment to the state and/or a belief that governmental control and authority is good.
zero‐base budgeting A budgeting technique where the budget is organized around "decision packages" that allow politicians to make budgeting decisions based on their priorities.
Further Reading
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Fry, B. R. & Raadschelders, J. C. N. (2008). Mastering public administration: From Max Weber to Dwight Waldo. Washington: CQ Press.
Kettl, D. F. and Fesler, J. W. (2009). The politics of the administrative process. (4th ed.). Washington: CQ Press.
Lowi, T. J. (1979). The end of liberalism: The second republic of the United States. New York: W. W. Norton & Co.
Rourke, F. E. (1984). The presidency and the bureaucracy. In Michael Nelson (Ed)., The Presidency and the Political System. Washington, DC: CQ Press.
Weber, M. (1947). The theory of social and economic organization. A. M. Henderson Talcott Parsons (Trans.). New York: Free Press of Glencoe.
Wilson, J. Q. (1989). Bureaucracy: What government agencies do and why they do it. New York: Basic Books.
Wilson, W. (1887). The study of administration." Political Science Quarterly. 2 (June) 212.