1. AP Government

2.  Began with George Washington ◦ He started with three executive departments  Foreign Affairs  War  Treasury ◦ Foreign Affairs was later changed to State and he added an Attorney General his second term.  Post Master General was given a Cabinet position under Jackson. ◦ Westward expansion made this a legitimate move ◦ Jackson used patronage and the Spoils System to reward his supporters.

3.  Civil War changed the bureaucracy forever. ◦ It expanded to meet the needs of a country at war with itself  Agriculture was added, but it wasn’t official  Pension was the same way  The Department of Justice was expanded  Spoils System got Garfield (not the cat) killed ◦ Pendleton Act resulted  Switched from the spoils system to the Merit System  Began to use the Civil Service Exams for employment  Independent Regulatory Commissions ◦ First was INTERSTATE COMMERCE COMMISSION (ICC) – used to regulate railroad rates. This shifted bureaucratic responsibilities from service oriented to regulation oriented.

4.  1913 Commerce & Labor were added  1914 Federal Trade Commission was added  Great Depression led FDR to create more federal agencies (duh!)  WWII brought even more!  Civil Rights added a couple of more.  9/11 added the most recent one – HOMELAND SECURITY

5.  A career government employee  Three areas where government employees DON’T have to pass the civil service exam: ◦ Appointed Policy Making positions  Secretaries of…  Undersecretaries  On these, the President appoints/Senate confirms ◦ Independent Regulatory Commissions  President Appoints – no Senate Confirmation needed ◦ Low-level, non-policy, patronage positions  Secretarial assistants to policy makers

6.  It is shrinking due to budget constraints  Government is hiring outside contractors to do the work  Formal Organizations of the Government ◦ Agencies fall into one of four categories  1. Cabinet Departments  2. Government Corporations  3. Independent Agencies  4. Regulatory Commissions

7.  Most government corporations charge for their services: ◦ U.S. Postal Service ◦ Amtrak ◦ FDIC ◦ TVA ◦ Etc.

8.  Resemble cabinet departments. These perform a service: ◦ NASA ◦ EPA  By not being part of a cabinet department, they have more freedom to develop

9.  Created by Congress to be outside the major departments so they can regulate a specific economic activity or interest. ◦ Older ones like the SEC and Federal Reserve Board were created to oversee industries ◦ Newer ones, like OSHA, are more concerned with how the business sector relates to the public.

10.  Hatch Act, 1939 ◦ Very extreme. Federal employees were prohibited from making campaign contributions, working for a political party, or campaigning for a candidate  Federal Employees Political Activities Act, 1993 ◦ Today they’re allowed to be involved politically with some restrictions. See handout.

11.  Max Weber had a profound impact on how bureaucracies SHOULD work: ◦ Model Bureaucracies had 6 Characteristics  Chain of command is from the top down  Division of labor that utilizes specialized skills  Clear lines of authority  A goal that determines structure, authority and rules.  Employees are treated fairly – clients are served equally  Productivity where work is evaluated by established rules

12.  Congress established these to make sure that specialization is utilized.  In essence they’re turning over part of their power.

13.  To study the implementation of laws developed by these organizations we need to look at three models: ◦ IRON TRIANGLE – this has stable relationships and interaction between the members of the bureaucracy ◦ ISSUE NETWORKS – similar to the Iron Triangle, but in addition to the same characters, they have ever- changing members – lawyers, consultants, academics, PR specialists, and the courts. ◦ INTERAGENCY COUNCILS – working groups that bring together representatives of different agencies, depts., etc. to coordinate policy making and implementation  Example: U.S. Interagency on the Homeless worked with 50+ government agencies to coordinate relief for the homeless.

14.  Policy Coordinating Committees (PCCs) – formed to further help form interaction between agencies and depts at the sub-cabinet level ◦ After 9/11, a PCC was formed on Terrorist Financing.  Worked with representatives from the depts of  Treasury  State  Defense  Justice  CIA  FBI  Recommended asking Saudi Arabian government to take action against terrorist financiers

15.  Administrative Discretion ◦ The ability of bureaucrats to make choices concerning the best way to implement congressional intentions ◦ Two formal procedures for this  1. Rule Making  2. Administrative Adjudication

16.  Rule Making – this is quasi-legislative and it has the characteristics of a legislative act. ◦ See the handout on How Regulations are Made ◦ Administrative Procedures Act of 1946 set rules for rule-making procedures  Public notice of time, place and nature of rule-making proceedings be provided in the Federal Register.  Interested parties be given the opportunity to submit written arguments and facts relevant to the rule  The statutory purpose and basis of the rule be stated  Once rules are written, 30 days must elapse before they take effect.

17.  Administrative Adjudication – quasi-judicial process. Board of judges settles disputes over whether a corporation or person is violating a rule or regulation ◦ Examples:  Federal Trade Commission  EEOC  Social Security Judges ◦ All of the decisions by these are reviewable by the Federal Courts if need be

18.  Congressional Control ◦ Two types of Oversight  Police patrol – proactive, allowing Congress to set its own agenda for programs or agencies to review  Fire Alarm – reactive, involves a Congressional response to a complaint (most used) ◦ Power of the Purse – to fund or not to fund…that is the question  House Appropriations Committee  Government Accounting Office  Congressional Research Office  Congressional Budget Office

19.  Less apparent than Congressional and Presidential Control ◦ Federal judges can issue injunctions or orders to specific Federal Agencies