The Bureaucracy: The “Fourth” Branch of Government

Warm up Read the article defending the work of government employees- why did he write this article? Do you agree/disagree? Take a look at the bureaucracy of pizza on the back. Take note of how many agencies are involved.

A Few Facts….. Bureaucracies developed as a result of custom, tradition, and precedent Constitutional basis found in Article II in reference to the creation of executive departments They are linkage institutions- who implement the policies of the branches of government There are about 2 million government workers today, only 10% of which actually work in D.C. There are also a lot of government contractors, which has grown tremendously in recent years

American Bureaucracy Political authority is shared among many institutions, so Congress and the president exercise authority over the bureaucracy and bureaucrats often play on off of the other Most agencies share functions with agencies at the state and local level (think about the Department of Education) Government agencies operate under constant public scrutiny

What do Bureaucracies do? They administer policy They have a division of labor with specialized workers to increase productivity Tasks are assigned and defined Responsibilities are tightly defined and can’t be changed by the worker (but can by the supervisor) There is hierarchical organization Control of full-time employment Workers make careers synonymous with the organization

There are Four Types of Agencies Type 1= The Cabinet 15 department cabinets headed by a secretary (except the Justice Department which is headed by the Attorney General) Manage specific policy areas (economy, diplomacy, etc.) Have their own staffs and budgets

Type 2= Regulatory Agencies They are quasi legislative by issuing regulations (i.e. Clean Air Act by the EPA) They are quasi judicial by enforcing penalties for failure to comply with standards Examples include: Federal Trade Commission (FTC) Food and Drug Administration (FDA) Environmental Protection Agency (EPA)

Type 3= Government Corporations Corporations created to take over a failed industry or bail out an essential private industry

Type 4= Independent Executive Agencies General Services Administration (GSA)- handles purchasing National Aeronautics and Space Administration (NASA)

History of the Bureaucracy Like everything else it began small with only the Treasury Department and the Post Office providing significant service Because Congress was the dominant branch it controlled most of the appointments in the 19th and 20th centuries Civil War led to new demands on gov. and calls for reform (basically state govs. Couldn’t act alone anymore) Agencies that were created were there to serve, not regulate Debate ensued over ability to regulate because Constitution expressly gave Congress only the power to regulate and not independent agencies (up until 1935 Supreme Court also supported this interpretation of the Constitution) During war bureaucracy increased Depression and WWII changed this perception because now the government was expected to play more active role in dealing with economic and social problems Income tax also allowed for ability to expand

Power of the Bureaucracy Power of bureaucracy depends on its discretionary authority- its ability to choose courses of action and make policies that are not spelled out by laws Congress has delegated a lot of responsibility to the bureaucracy in 3 areas: Paying subsidies Grant in-aid programs Devising and enforcing regulations

Who Works for the Fed. Bureaucracy? Competitive service through OPM (Office of Personnel Management) Earlier in history hiring operated on the spoils system- where presidents rewarded supporters with jobs and they were not given on merit Pendleton Act (1833) transferred jobs from patronage to merit system Buddy system- there is still some politics in hiring- a name request job is for someone they already plan on hiring but still must go through the process for Firing a bureaucrat is very difficult Civil Service Reform Act 1978- gave the president more authority in hiring and firing high-level positions- this created the Senior Executive Service (SES)

Limits on Service Hatch Act Designed to prevent corruption in national elections Prohibits federal employees from taking an active role in politics Clinton administration made Hatch Act less restrictive Bureaucrats can’t: run for public office, fund raise for politicians during work, discourage political activities

Your Left (and 1 right) Pages Page 129 Draw a history of the bureaucracy using boxes, key words, pictures, etc. Page 131 Response to Natural Disasters Page 132 Critical Questions

Natural Disasters Page In what ways is the bureaucracy criticized? How else should the federal government handle natural disasters?

Critical Questions Why is the federal bureaucracy often referred to as “the fourth branch” of government? Some believe that the real power in the federal government lies with the federal bureaucracy. To what extent do you believe this is true?