Nov 20 – Gov – The Bureaucracy Agenda: Notes: The Presidency (contd.) Bureaucracy Homework: Complete and submit Ch. 12 SG by midnight, tonight Read 14.1 – 14.2 (page ) Begin Ch. 14 SG Take Out: Pen/Pencil Notebook

How can congress fight back? How can congress use the following powers to push back? Congressional Oversight Appropriation Power War Powers Confirmation of Presidential Appointments

Congressional Oversight Legislative veto - Cong. Repeals bureaucratic regulations using oversight power  Congress repealed OSHA regulations on ergonomics (that had been put in place under Clinton) in In the case of INS v. Chada (1983), however, the Supreme Court declared the legislative veto to be an unconstitutional violation of separation of powers. Excessive investigations of Executive branch, micromanagement Iran-Contra hearings in the 1980s. Criticism of Patriot Act and secret domestic surveillance programs of NSA Congressional criticism/demand for hearings of Bush Administration’s handling of war in Iraq, and specifically Justice Dept. memos that gave a legal justification for use of torture.

Appropriation power Uses funding of agencies to exert influence over how laws get executed (iron triangles) To influence foreign policy in the 1970s and 1980s: Congress cut off aid to South Vietnam, Angola, and the Contras. Congress tried to force Bush 43 into a deadline for withdrawing troops from Iraq by using funding as a lever.

War powers War Powers Resolution of Criticisms Unconstitutional – usurping President's authority as Commander in Chief. Ties the hands of the President -- too inflexible. Makes it easy on the enemy -- just wait days for US troops to withdraw. Presidents have claimed the act to be unconstitutional and have disregarded it, but there has been no lawsuit to determine its constitutionality

Confirmation of Presidential Appointments Excessive scrutiny to appointments Much closer scrutiny given by Senate to recent appointments Holds and filibusters to excessively delay "Rule of fitness" seems to no longer be sufficient; now, a nominee's policy preferences are fair game for much more senatorial scrutiny than before. Long confirmation delays (through use of the “hold”) of years with some of Clinton’s judicial nominees due to the belief that the nominees were too liberal/out of the judicial mainstream. Democrats in Senate returned the favor in the Bush Administration by delaying confirmations

Non-constitutional sources of presidential power: Growing complexity of society: With a highly industrial and technological society, people have demanded that the federal government play a larger role in areas of public concern E.g., pollution, labor issues, air travel safety. The executive branch has grown to meet those public demands. Congressional delegation of authority to the executive branch. Congress often writes broadly-worded legislation and lets executive agencies "fill in the gaps” Congress often bows to presidential demands in time of economic or foreign crisis. Congress often bows to the President when he can proclaim a mandate from the people after a large electoral victory, e.g., Reagan insisting upon tax cuts and higher defense spending after the 1980 election. Development of the mass media casts the President into the public eye use of t.v. as the "electronic throne" Special addresses, press conferences, Saturday morning radio chats, photo opportunities, sound bites, staged events, “going public.” ETC. Emergence of the U.S. as the great superpower after WWII Development of the Cold War placed the U.S. into a virtual non-stop crisis situation POST assumption of great powers by the President to deal with various foreign crises.

Transition!

Think and Ink Write the first word that comes to mind when you think of the following word: BUREACRACY Have you had an experience that influenced what you said? If not, what do you think led you to that conclusion? What do you picture/see?

What is the role of Federal Bureaucracy? Various agencies of the federal government who interpret and implement federal laws and policies 3-4 million people who do the day-to-day job of governing After Congress passes a law…someone has to write the rules and regulations to make sure it happens. TSA airport security regulations OSHA workplace regulations IRS tax code regulations Examples: EPA inspector who goes out to the factory and makes sure it’s not polluting IRS agent who checks your taxes FDA meat inspector Intelligence officer of the CIA Postal Worker TSA officer who inspects your luggage

A Model of Organization We study bureaucracy to understand its power and influence, why it behaves the way it does, and to understand causes and implications of bureaucratic behavior First step: consider bureaucracy as a model of organization Bureaucratic structure is a way of organizing a large group of people Companies will CHOOSE bureaucratic structure The development of bureaucracy is a common characteristic of civilization For example: Bellevue School District

Top-Level BSD Bureaucracy

But wait… If people think bureaucracies are so bad, why do we have them? Why are some organizations designed to be bureaucracies, and why is this structure leading to dissatisfaction? Let’s find out!

Characteristics of a bureaucracy as a model of organization. 1.Internal division of labor and specialization by function. 2.Employees are recruited and promoted based on relevant technical expertise. 3.Various units of the bureaucracy are arranged in a hierarchy (clear lines of authority and communications). 4.Operations are guided and constrained by established rules and procedures (SOPs). 5.Emphasis is on establishing and achieving goals efficiently and effectively.

So how is it good for democracy? Standard Operating Procedures Establish rule of law Justice – fair treatment because everyone goes through the same process Equality – SOPs make it so that everyone gets equal treatment, everyone can be promoted the same, etc Responsiveness Division of labor and specialization Serving the people Clear lines of authority so you know who to seek out Clear and efficient goals

So what’s the deal? So… why do bureaucracies gets such a negative reputation? Anticipate on your worksheet

Bureaucratic Pathologies Pathology – the study and diagnosis of a disease You will have 20 minutes to play (bureaucratic) doctor Read through the examples, and diagnose what is wrong with the bureaucracy For each example try to diagnose the root of the problem Then categorize these excerpts into a few major categories of repeated “illnesses” or pathologies Be prepared to share: Tell me a category and which excerpts fit into that category Then, explain how 1 case fits that illness