What is a bureaucracy? Set of complex hierarchical departments, agencies, and their staffs that exist to help the president carry out the mandated charge to “enforce the laws” of the nation. First studied by Max Weber Most effective existing form of organization based on: specialization, hierarchy and formal rules

Development of the Bureaucracy Washington’s Bureaucracy: State War Treasury Later: Justice

Development Continued Increased Demands – increased size of the bureaucracy Spoils System (Andrew Jackson) led to the Merit System (Pendleton Act passed to reduce patronage) Regulation of the Economy – Independent Regulatory Agencies (Humphrey’s case)

More history of the Bureaucracy New Deal Created more programs, thus more agencies to “enforce” World War II and later – more demands placed on the government System has led to one where bureaucrats have TENURE and KNOWLEDGE that can be used to leverage policy makers

Government Organization The Cabinet Biggest Units (15) Broad areas of responsibility Secretary is the “head” – responsible for setting the policy Responsible to the President Also responsible to his/her cabinet department – split loyalties

Organization Government Corporations Set up by Congress Functions that could be private Some funding from US Directors appointed by President with Senate approval Amtrak, Post Office

More Organization Independent Agencies: Regulatory Agencies Not part of any Cabinet department Stand Alone CIA, NASA, EPA Similar in Structure to the Cabinet departments Regulatory Agencies Humphrey’s Executor case Outside the direct control of the President FCC, FTC, ICC Economic issues Out of politics

Congressional Control Congress may: Create or abolish agencies and change their functions Confirm the appointment of the heads (only the Senate) Hold hearings to check the agencies plus the power to investigate – oversight function Budget Controls – more than 200 wasteful programs in the United States Government (duplication issues) Pass New laws to overrule agency decisions Legislative veto – ruled unconstitutional in the case of INS v. Chadha

Presidential Control Reorganization Executive Orders – presidential directive Centralized Power – all regulations through the OMB Agencies not responsive – multiple access points

Bureaucratic Policy Making Major Function of the Agencies Congress Delegates the Power Creation of Agency Mandate – authority to make decisions Implementation – process by which the law or policy is put into operation

Policy Making Arrangements Iron Triangles Stable relationships and pattern of interaction that occur among an agency, interest group and congressional committees Not as popular today

More arrangements Issue Networks: Loose and informal set of relationships that exist among large number of actors who work in broad policy areas.

The Hatch Act and Beyond 1939 passed Law enacted to prohibit civil servants from taking an activist role in partisan politics Is this a violation of the First Amendment?

Changes to the Hatch Act Federal Employees Political Activities Act 1993 Liberalization of Hatch Act Run for non partisan offices and make contributions First Amendment wins