Chapter 13: The Bureaucracy

Learning Objectives 1.What is “bureaucracy” and in what ways is the American bureaucracy distinctive? 2.What is “discretionary authority” and why do some bureaucrats have lots of it? 3.How does Congress exert control over the bureaucracy? 4.What happened to make the bureaucracy a “fourth branch” of American national government? 5.What are the actual size and scope of the federal bureaucracy? 6.What should be done to improve bureaucratic performance? 7.Is “red tape” all bad?

Bureaucracy: a large, complex organization composed of appointed officials

Max Weber’s 5 Characteristics of Bureaucracy Division of laborComplex work broken down into simple jobs Hierarchy of Authority Accepted chain of command to direct every individual’s effort toward the accomplishment of the organizational goals Framework of Rules Effort directed & coordinated by rules Maintenance of Files & Records ProfessionalismMerit System v. Spoils System

Distinctiveness of the U.S Bureaucracy Political authority shared among several institutions (not the case in a parliamentary system) Federal government agencies share functions with state/local governments Our adversary culture (long history of groups fighting for personal rights) has led to the public’s close scrutiny of the government

Roles of the U.S. Bureaucracy Rulemaking: process of deciding what exactly the laws passed by Congress mean Adjudication: process designed to establish whether a rule has been violated within a part of the bureaucracy Lobbying: identifying the problems & limitations of existing laws & programs, then recommending changes to the president & congressional committees

Growth of the U.S. Bureaucracy Started small 1800s & 1900s: positions given based on patronage – Congress was dominant branch, so bureaucrats appointed based on Congress’ preferences : Civil War caused rapid growth of the bureaucracy, especially in service agencies, but still embraced laissez-faire 1900s: increase in scope of the bureaucracy due to Great Depression & World War II 2000s: 9/11/01 caused creation of Department of Homeland Security (new cabinet agency) created in 2002

Spoils v. Merit Systems Spoils System: “It’s who you know, not what you know.” Also called “political patronage” President Jackson Merit System: “It’s what you know, not who you know.” Pendleton Civil Service Reform Act of 1883: federal law; states that positions within the federal government should be awarded on the basis of merit, not political affiliation

Administrative Agencies: Cabinet Inner Cabinet State Justice Treasury Defense Constituency Departments Agriculture Interior Commerce Labor Education Veteran’s Affairs Clearing House Departments Energy Transportation Health and Human Services Housing and Urban Development

Organizati on of Homeland Security Agencies prior to 9/11/01

Executive Office Personnel Office of Management and Budget National Security Council US Trade Representative Council of Economic Advisors Domestic Policy Council Other offices

Independent Regulatory Agencies Origins in 1880s with Interstate Commerce Commission Quasi-legislative, quasi-executive, quasi judicial Members appointed for terms, & President cannot remove them Examples: Federal Reserve Board Securities and Exchange Commission Federal Trade Commission Federal Election Commission Federal Aviation Administration

The Power Elite by C. Wright Mills Discusses elitism and presidential appointments Patterns of Circulation among Government Corporations Law Firms Civic Establishment Military Fixers “Billion Dollar Universities”

Mills’ Themes Members of the elite: possess class identity: recognizing themselves separate and superior to the rest of society have interchangeability: they move within and between the three institutional structures and hold interlocking directorates exhibit cooptation/socialization: socialization of prospective new members is done based on how well they "clone" themselves socially after such elites.

Federal Bureaucracy Today Has the size of the federal bureaucracy increased since 1960? Number of federal employees stable But an estimated 13 million people now work indirectly for federal government Discretionary authority

Federal Bureaucracy Today Recruitment and Retention Office of Personnel Management The competitive service The excepted service Not hired by the OPM Some are nonpartisan in nature Some are appointed (3%) Recruitment and Retention The Buddy System Firing a Bureaucrat The Agency’s Point of View

Federal Bureaucracy Today Constraints Administrative Procedure Act The Growth of the Bureaucracy Freedom of Information Act National Environmental Policy Act Privacy Act Open Meeting Law Effects of Constraints Government acts slowly Government can act inconsistently Easier to block action (than to take action) Lower-ranking employees reluctant to make decisions Red tape

Why So Many Constraints? The People (and enacted by Congress, Courts, White House, Interest Groups) Agency Allies Iron triangle (client politics): close relationship between an agency, a congressional committee, and an interest group. Issue networks

Congressional Oversight No federal agency exists without congressional approval No money can be spent unless first authorized by Congress; funds must also be appropriated Appropriations Committee & Legislative Committees Legislative Veto Congressional Investigations