Administration of Laws Lesson 24

Lesson Objectives Why Congress creates administrative units Circumstances that lead to their creation Range of governmental functions that administrative units perform Identify checks on administrative power Take and defend positions on public administration in the US

Types of Administrative Units Executive Departments President’s Cabinet Secretaries of department Directed to administer particular laws Executive Office of the President Staff Agencies OBM Homeland Security Staff Council of Economic Affairs Council on Environmental Quality Technical and managerial advice

Types of Administrative Units Cont.. Independent Agencies Fall within the “Necessary and Proper Clause” Agencies implement congressional statutes Examples US Postal Service Federal Emergency Management Agency – relocated to Dept. of Homeland Sec. FCC

Why create admin organizations Help Congress administer laws Help Congress resolve problems, offer expertise Delegates some of it’s law making powers Agencies adopt rules for implementation of congressional mandates Rules are published in the Federal Register Can conduct hearings to resolves disputes 1946 Congress adopted the Administrative Procedure Act Established guidelines for administrative units Permits judicial review in federal court after quasi-judicial proceedings within the administrative unit has been exhausted

What has contributed to the number of administrative organizations? Demands on the national government Industrial revolution Natural resources Great Depression and New Deal Cold War Department of Defense In 1970’s ~ movement to reduce the size of the government

How are administrative agencies staffed? Civil Service Program Intended to created a class of administrative employees insulated from politics Hatch Act of 1939, which prohibited political parties from pressuring administrative employees to make financial contributions or do work for their candidates, as condition of employment Concern that these employees were deprived of the opportunity to participate in the political process 1993 Clinton signed the Hatch Act Reform Amendments into law Agencies in most cases use the civil service system, to avoid employees losing their jobs due to political changes. Some have been exempted to create their own personnel systems.

Checks and Balances Presidents reward their loyalists with positions as appointees Required to pursue the president’s agenda Check the civil service career employees Check administrative power by using executive orders Direct administrative heads to adjust and enforce administrative policies and procedures. Congress control bureaucracy Confirm appointees Review agency budgets, investigate, review agency rules Courts decide whether or not agencies follow the 14th amendment Decide whether or not agency has too much power

Checks and Balances Federalism Citizens, interest groups, media States may refuse to implement or create resistance to national policy Citizens, interest groups, media Monitor the actions of agencies Media can alert public and officials of problems in the bureaucracy