1. The Federal Bureaucracy

2. Learning Objectives To identify and explain the functions of the federal bureaucracy To examine problems commonly identified with the federal bureaucracy To examine the checks on the power of the federal bureaucracy

3. Constitutional Basis of Bureaucratic Authority Congress has the constitutional authority to create agencies, fund them and charge them with administrative responsibilities. Article 1 Section 8

4. Article 1, Section 8 “The Congress shall have the Power To…provide for the common Defense and general Welfare of the United States…To make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

5. Constitutional Basis of Bureaucratic Authority The President has the authority to direct agencies and select their leaders (although Congress can impeach and convict these leaders in cases of maladministration). Article 2, Section 1 Article 2, Section 2 Article 2, Section 4

6. Article 2, Section 1 “The executive power shall be vested in a President of the United States of America.”

7. Article 2, Section 2 “The President…shall nominate, and by and with Advice and Consent of the Senate, shall appoint…other public Ministers and Consuls…and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law, but the Congress may by Law vest the Appointments of such inferior Officers, as they think proper, in the President alone…or in the Heads of Departments.”

8. Article 2, Section 4 “All civil Officers of the United States shall be removed from office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanours.”

9. Constitutional Basis of Bureaucratic Authority The judiciary has the authority to adjudicate claims against agencies. Article 3, Section 2

10. “The judicial Power shall extent to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States…or which shall be made, under their Authority; - to all Cases affecting…other public Ministers; - to Controversies to which the United States shall be a Party…In all Cases affecting…other public Ministers…the Supreme Court shall have original Jurisdiction.”

11. Functions of the Federal Bureaucracy Executing laws Creating rules Adjudication

12. Executing laws The Constitution requires in Article 2, Section 2 that the executive branch must ‘take care that the laws be faithfully executed’. The federal bureaucracy implements laws passed by Congress and signed by the president; the Post Office delivers the mail, the Internal Revenue Service collects taxes, the Transportation Safety Administration inspects baggage at airports.

13. Creating rules Because laws are normally vague (by accident or design), the bureaucracy is required also to write specific rules that guide how the laws will be executed. Congress is often reluctant to be specific as it lacks the information and expertise to be precise in legislation.

14. Adjudication The federal bureaucracy is occupied in addressing many complex and controversial issues. Inevitably disputes arise between parties subject to bureaucratic regulations. When settling these, agencies are required by law to act as if they were judicial bodies.

15. Components of the Federal Bureaucracy 1.Departments 2.Independent Regulatory Commissions 3.Independent Executive Agencies 4.Government-sponsored Corporations

16. Problems with the Federal Bureaucracy Clientelism Imperialism Parochialism Incrementalism Arbitrariness Waste But… Representativeness Respect for domestic values Professionalism

17. Clientelism Agencies tend to serve the interests of those who they are supposed to oversee, protecting them at the expense of the broader public interest.

18. Imperialism Agencies invariably seek to expand their powers and responsibilities at the expense of other agencies and programmes, notwithstanding the issue of how public needs are best met.

19. Parochialism Bureaucracies tend to focus narrowly on their own goals rather than the ‘big picture’ of government or the national interest as a whole.

20. Incrementalism Most bureaucratic agencies are not renowned for creative or imaginative operations, instead acting slowly and cautiously and generally resisting major changes.

21. Arbitrariness In applying abstract rules to concrete cases, agencies often ignore the particular concerns or specific merits of those affected by the rules.

22. Waste Given their size and routinized procedures, bureaucracies tend to use resources less efficiently than private sector organiztion.

23. But… Beyond these, American politicians from across the spectrum often charge the bureaucracy not simply with inefficiency or subversion of policy, but also with explicit political bias. But whether the federal bureaucracy has a clear partisan bias is highly contentious. There exist at least 3 reasons to doubt whether bureaucratic obstructionism, when it occurs, derives from overt partisan or ideological motivations.

24. Representativeness Most political scientists concur that bureaucrats’ political views tend, on the whole, to mirror those of the American public more broadly. Americans currently, are fairly evenly divided in their partisan loyalties and views between Republicans and Democrats.

25. Respect for domestic values Federal bureaucrats tend to vest both their own neutrality and domestic values more broadly with great significance. If their elected leaders are Republicans, they will pursue the goals that the Republicans establish; if their elected superiors are Democrats, they act accordingly. (This is complicated, of course, in conditions of divided party control of the federal government, when one party controls the White House and the other party maintains a majority in one or both Houses of Congress.)

26. Professionalism Many federal bureaucrats are well-educated specialists in technical and managerial positions, ‘white collar’ professionals who take their responsibilities seriously, as engineers, lawyers, economists, technicians or analysts, rather than partisans. Whether the incumbent in the White House is Democratic or Republican, most bureaucrats received – readily – advice and guidance from elected officials and act in ways consistent with their professional training.

27. Questions 10.How large and geographically dispersed is the federal bureaucracy? 11.How many executive departments are there? List those that have been created since 1950. 12.What are the main reasons for the growth of the federal bureaucracy? 13.What are the 3 main functions of the federal bureaucracy? 14.Explain how federal civil servants are recruited. 15.What are the main problems associated with the federal bureaucracy? 16.How can Congress check the federal bureaucracy? 17.How successful have recent presidents been in controlling and reforming the federal bureaucracy?