Policy Making Bureaucracy

Why does the bureaucracy have policy making powers? intro Why does the bureaucracy have policy making powers?

Rule Making Federal Bureaucracy

Bureaucracy Rule Making Congress Congress is responsible for passing ALL policies – responsible for everything They lack the time to adequately make policy for all policy areas They are policy generalists – so they lack expertise on any single issue They debate all policies they pass – the results end up being moderate compromises – not necessarily the best policy outcome

Bureaucracy Rule Making Rule Making Congress tends to delegate “rule making” authority to the bureaucracy They have time because they only deal with one type of policy They are policy specialists – so they have the necessary expertise to make details They don’t have to debate with anyone. They aren’t accountable to the public. They are experts and not politicians.

Agencies make the details of the policies Bureaucracy Rule Making Rule Making Agencies make the details of the policies They know the best way to effectively implement the policies of Congress A law from Congress may be vague – bureaucracy defines the specific details

Bureaucracy Rule Making Regulatory Agencies EPA – set a specific pollution limit FEC – decide which expenditures are campaign related & which are not FCC – decide what the fines are for content violations The Fed – determine the interest rates NLRB – decide what info work places have to post for their employees

Bureaucracy Rule Making Cabinet Depts State – requirements for passports Defense – decide where to move troops Treasury – decide which currency to make Justice – set regulations for local law enforcements Education – set the Common Core standards

Bureaucracy Rule Making Govt Corporations USPS – decide prices of shipping, what can be shipped Amtrak – decide which routes to operate and how often UNICOR – decide which projects to use labor for

Administrative Discretion Federal Bureaucracy

Bureaucracy Discretion Executive Branch POTUS & Executive Branch are responsible for law enforcement President issues directives about HOW to enforce specific laws EX: prioritize marijuana enforcement OR don’t enforce marijuana law in CO. The executive branch can’t effectively oversee the actions of “street level bureaucrats”

Bureaucracy Discretion Administrative Discretion Means an “administrator” makes a choice about how to enforce This can come from Cabinet heads or street level bureaucrats This serves as a check by the bureaucracy on the president The president can order enforcement of a law, but the civil servant can choose to enforce it differently

Bureaucracy Discretion Regulatory Agencies FTC – ignores a case of false advertisement FCC – decide not fine a TV station for language on a live broadcast EPA – decide not to fine a company for pollution

Bureaucracy Discretion Cabinet Dept. Education – teacher ignores Common Core Homeland Security – TSA agent lets you take water on a flight Justice – officials refuse to fire the Special Prosecutor in Russia Investigation

Bureaucracy Discretion Government Corporations USPS – Postal worker accepts an overweight package AMTRAK – train goes beyond the speed limit

Government by Proxy Federal Bureaucracy

Bureaucracy Proxy Government by Proxy The bureaucracy can pay private businesses to do their work They can “contract out” services that would be the job of the government Around 13 million people work for the government indirectly This is what we refer to as “government contractors” - they work for a business that works for the government

Bureaucracy Proxy Advantages More flexibility – the private companies aren’t held to the same rules The govt can take advantage of private sector and nonprofit skill Govt can save money when a private company can do the service for less $

Bureaucracy Proxy Disadvantages It’s more difficult to keep track of how money is spent Private businesses are typically profit driven – so they may cut costs There is less oversight of the actions of private business than bureaucracy

Bureaucracy Proxy Military The military regularly contracts with construction companies to build bridges or pipelines Nearly half the troops in the 2003 War in Iraq were private employees, not US military soldiers Most notable was Blackwater USA (now named Academi) provided security services to the US government - got in trouble for killing a lot of civilians

Bureaucracy Proxy Law Enforcement Federal government and many states use private companies to run prisons Corrections Corporation of America is the most notable private prison company Around 13 million people work for the government indirectly States outsource police actions like parking & red light enforcement

Controlling Bureaucracy Federal Bureaucracy

Bureaucracy Control Independence Most of the bureaucracy is designed to be nonpartisan The roles it carries out are supposed to be outside of political concerns Law enforcement, mail delivery, pollution controls, tax collection, etc. Services are supposed to be delivered the same way whether Democrats or Republicans are in control The bureaucracy is made up of experts instead of politicians

Reorganize the bureaucracy – request addition or removal of agencies Control POTUS The president gets to pick the people that run the agencies – this impacts implementation Executive orders are used to direct the bureaucracy to do certain things The OMB (because of POTUS) can recommend increases or decreases in the agency’s budget Reorganize the bureaucracy – request addition or removal of agencies

Bureaucracy Control Congress In many cases Congress has to approve agency heads – so they influence the choice of the person in charge Hold oversight hearings to make sure the agency is acting as directed Congress can increase or decrease the agency’s budget Pass laws that control what the agency does Actually create or remove agencies if the president proposes it

Deregulation Federal Bureaucracy

Bureaucracy Deregulation Deregulation There are many regulations that impact all sectors of the economy Government regulations do impact people’s ability to earn profits Complying with government rules can add difficult or costly obstacles to business Liberals typically are in favor of more government regulation of the economy Conservatives typically want fewer regulations & want the market to govern the economy

Regulations can have unintended consequences Bureaucracy Deregulation Arguments for Regulations make production more expensive, so deregulation can lead to lower prices Other countries don’t have the same regulations, so American businesses may become less competitive globally – deregulation makes them more competitive Regulations can have unintended consequences

Bigly Ideas Beliefs & Behaviors

Administrative Discretion Bureaucracy Wrap Up Rule Making Administrative Discretion Controls by President Controls by Congress Focus on these things: