The Federal Beuraucracy

What is the federal bureaucracy?

All non-elected civil servants, including military personnel.

Why do we need the federal bureaucracy?

To carry out elected officials’ decisions daily and ensure steady administration of government tasks.

Who holds the power to create or disband federal agencies?

Congress.

What are the three main types of federal bureaucracy?

Cabinet Departments, Independent Agencies, and Government Corporations.

What do Cabinet Departments do?

They make up the executive branch, carrying out the president’s mandates and implementing federal policy.

Who appoints Cabinet heads and how are they confirmed?

Appointed by the President and confirmed by the Senate.

How many cabinet departments exist today?

15 departments employing around 2.3 million people.

What were the original cabinet departments?

State, Treasury, and War, plus the Office of the Attorney General (later Department of Justice).

What are independent agencies?

Agencies outside cabinet departments, insulated from the president’s direct control but still created by Congress.

Who leads independent agencies?

Officials appointed by the President and confirmed by the Senate.

Examples of independent agencies?

CIA, NASA, and EPA.

What are government corporations?

Federally owned or sponsored corporations that generate revenue while providing public services.

How do government corporations differ from private businesses?

They are government-funded and serve areas not profitable for private companies.

Examples of government corporations?

USPS, Amtrak, and Federal Prison Industries (FPI).

When did the nationalization of American politics begin?

During the New Deal era.

Why did the federal bureaucracy expand?

To manage economic regulation and address new challenges (e.g., EPA in the 1970s, DHS after 9/11).

Why did Congress delegate rule-making power to agencies?

Due to growing societal complexity and lack of technical expertise.

What law gave agencies rule-making authority?

The Administrative Procedures Act (APA) of 1946.

Do agency rules have the force of law?

Yes, unless overturned by courts or Congress.

At which stage of rule-making do citizens have input?

During the Public Hearing and Comment stage.

What is the principal-agent problem?

The challenge of balancing agency autonomy — too political or too independent can both cause issues.

What is the “Iron Triangle”?

The relationship between Congress, Interest Groups, and Federal Agencies that can lead to self-serving policymaking.

How does the Iron Triangle work?

Interest groups lobby Congress and agencies; Congress passes favorable laws; agencies grant authority or budget to benefit interest groups.

How can Congress check the bureaucracy?

Through oversight hearings, investigations, legislative vetoes, and funding restrictions.

What challenge does Congress face in oversight?

Deciding whether it’s willing to use its powers to check bureaucratic authority.

Whose orders should the bureaucracy follow when the President and Congress conflict?

This raises questions about bureaucratic accountability and separation of powers.

Do federal agencies have enough autonomy to be considered the “fourth branch” of government?

Critics argue yes, because of their independence and policymaking power.

What are the 3 hats the president wears?

1. Commander in Chief

2. Head of State

3. Chief Executive

Take Care Clause

“he shall take care that the laws are faithfully executed” (Article 2, Section 3)

Commander-in-Chief Hat

Civilian control of military

final control of armed forces + defense against foreign nations

Head of State Hat

public face of the nation

leads diplomatic relations with foreign nations

appoints ambassadors

Chief Executive Hat

highest-ranking officer of the branch

power to appoint executive officials

What was the biggest shortcoming in the Articles of Confederation?

absence of executive power

What as the challenge in constructing executive power?

the need to infuse “energy in the executive”

BUT - one is acting within the boundaries of the republican government

What are the 4 ingredients of an energetic executive?

1. Unity

2. Duration

3. Adequate Provisions

4. Competent Powers

Unity (energetic executive)

Executive power ought to be vested in a single person

“vigour and expedition” rather than “deliberation and circumspection”

needed to enhance accountability

vigour and expedition

speed

what is unity necessary to enhance accountability

a) we all know who to blame

b) easier to identify treason, bribery + other misdemeanors 

Duration (energetic executive)

President shall serve 4 years without term limits

! needed to exercise personal firmness + contribute to stability of the system

22nd Ammendment

limits presidents to only 2 terms

who was the only president to be elected for 4 terms?

FDR (he lied about his health)

sparked 22nd ammendment

Adequate Provisions (energetic executive)

The President must be shielded from undue interference/influence

fixed salaries (can not be altered during term) + can not receive gifts/any emolument

Can not seek personal gains

Competent Powers (energetic executive)

The President must have the power to exercise a qualified negative over legislation

+ additional security against bad laws

Can be used against congress

What if VETO power is abused

If a qualified veto - Congress can override (required 2/3 majority)

True or False: Vetos have declined sharply.

True

The rates have not increased. If both parties would reject the bill - they do not even try to get it passed.

Electoral College

the process of electing the president through an “intermediate body of electors”

The electoral college must:

have a transient existence

• sole purpose of selecting the president + independent from any group

be detached and divided

• chosen in the state where they assemble and vote

• ensures limited interaction between electors of different states

How many electoral votes to states receive?

the sum total of its seats in congress

Are electoral votes subject to change?

Yes

according to the results of the census

How many electoral votes nationwide?

538

435 HoR + 100 S + 3 electors for DC

How many votes do candidates need?

Majority

+ 50% or ~ 270 electoral ballots

Electors

individuals selected in each state who are responsible for casting their ballot on behalf of their home state

What is the roster that leaders of both parties submit?

list of predicted electors

most often long-time party loyalists

Is there requirements for electors?

There is no constitutional/federal requirement

some states have laws penalizing faithless electors

Faithless electors

They just vote, disregarding the popular vote

Each state can determine the ____ of selecting their electors.

manner

Winner-take-all

Give all electoral votes to whoever won the state

What two states use the Congressional District Method?

Maine + Nebraska

Someone who voted for Trump technically voted for an elector who pledged to cast the state vote for Trump is an example of:

Winner-take-all

Which are the swing states?

Nevada, Arizona, Wisconsin, Michigan, Pennsylvania, North Caroline, Georgia

What happens in November during the Election?

voters cast ballots on election day

What happens in December during the election process

electors gather in their respective state capitals + cast ballots

What happens in January during the Election process

Congress is in session and the ballots are counted

The constitution requires ______ of electoral votes

majority

What happens if there is not a majority in the election?

House of Representatives select the president out of the top 3 candidates

or each state casts a single ballot

The House of Representatives’ selection of John Quincy Adams over Andrew Jackson is an example of…

winner-take-all

• push whoever is in the lead past majority

What are the three criticisms of the electoral process?

Disenfranchisement, Vote dilution, Discrepancy with popular vote

Disenfranchisement

Only votes that are cast in battleground states (swing states) have a real impact on the outcome

side effect of winner-take-all

Vote dilution

despite how democracy requires that the value of a ballot must be identical for every citizen

• not everyones ballot holds equal weight

(one person, one vote)

discrepancy with popular vote

winner-take-all makes it possible for a candidate to win the election and lose the popular vote

Who is the commander in chief when there is a war?

The president

What happens when congress is in gridlock?

opens up more opportunity for the president to do more things

What are the proposals for reform?

Reform the state’s winner-take-all system and amend the constitution

Why would the winner-take-all system be refomred?

It is not constitutionally mandated and electoral reform is also required to make the change

Why would the Constitution be amended?

the Electoral College is based on outdated assumptions about voting behavior

What is an “energetic executive”?

one that possesses unity, duration, adequate provisions, and competent powers

the President is the ___ ____ of government

chief clerk

What does the title chief clerk entail?

symbolic figure with limited domestic policy influence

• relies heavily on the cabinet

What is an exception for the chief clerk?

Lots of discretion is granted when dealing with foreign affairs and military crises

What are the three primary factors that contributed to the rise of the Modern presidency?

domestic, international, institutional

the domestic component of modern presidency

great depression and the administrative state, 

• higher demand for government intervention into domestic policy

  • especially in the economy

The international component of modern presidency

world war II and the Cold War

• unique leader role of the US in world politics

The institutional component of modern presidency

increased frequency of ‘divided government’

• gridlock congress makes more institutional space + opportunities for president

How is the president, as commander in chief, checked by Congress

Congress has the power to “declare war” & “raise support” (army, naval forces, call militia)

When was the last time the US declared war on a foreign nation?

1942 vs. Bulgaria/Hungary

how is the president as head of state checked by congress

ratification of treaties and appointment of ambassadors

• advice and consent of the senate

modern development of the president as head of state

frequent use of executive agreements

has the same binding force as treaties and remain in effect til challenged by congress

What is an executive agreement?

agreements between the leaders of 2 or more nations entered without senate approval

how is the president as chief executive checked by congress

only congress can enact laws and president administers them

what are the modern developments of the president as chief executive

rise of executive orders

can be revoked / modified

delay for checks to be balanced

What is an executive order

written directives issued by the president that instruct federal agencies how to enforce or implement an existing law

True or False: Executive orders are laws

False

What are notable precedents of imperial presidency?

Lincoln suspended habeas corpus during the civil war

FDR forced the relocation/detention of Japanese Americans (WWII)

what is the justification for imperial presidency?

The Constitution does not say who can declare a state of emergency

• The president should be the one to make that decision

The president temporarily suspends laws for the greater good

What is the main problem of imperial presidency?

The normalization of emergency

• Some emergency measures are still in effect

emergency = means to justify executive order

How is the presidential power checked?

The expansion of power stems from public opinion

• “get things done”

• people are only critical when the president they do not like enacts a policy

reactivation of systemic checks

• the simplest means to curb presidential power

• The president is only as powerful as permitted by the other branches

Federal beuracracy

refers to all non-elected civil servants including military personnel

Why is the Federal Beuracracy needed?

to carry out decisions made by the elected officials

guarantee “steady administration” of government tasks

What power does congress still hold?

the power to create, organize, and disband federal agencies

Where does Cabinet Departments lie on an independence scale

Least independent