Study Notes on Bureaucratic Checks and Reforms

Section 7.4: Checks on the Bureaucracy

Control, Oversight, and Reform

  • Individual bureaucrats may undermine effective regulation due to self-interest, leading to a mentality of "looking the other way."

Presidential Checks on Bureaucracy

  • The President – serves as a formal means of control over bureaucracy.

    • Appointment Powers:

    • The President has the authority to appoint and remove individuals at the top layers of the bureaucracy.

    • Appointments are often based on ideology and the willingness of appointees to carry out administration's goals.

    • Executive Orders:

    • Presidential directives that manage the operations of the federal government.

    • Budget Proposal:

    • The President proposes an annual budget, which outlines spending priorities and the overall financial plan for federal agencies.

Congressional Checks on Bureaucracy

  • Senate Confirmation:

    • The Senate has the responsibility to confirm presidential appointees, providing a check on the executive branch.

  • Legislative Powers:

    • Congress can terminate, create, or limit bureaucratic agencies.

    • Legislation sets specific goals, priorities, and the organizational structure of agencies.

  • Power of the Purse:

    • Congress has control over government funding, providing significant leverage over bureaucratic operations.

  • Oversight Functions:

    • Through congressional hearings, members of the bureaucracy may be required to testify before Congress to justify their actions.

    • The Government Accountability Office (GAO) is responsible for monitoring that funds are being spent appropriately.

    • This oversight serves as a safeguard against future mistakes and holds bureaucrats accountable for their actions.

Government Workers and Political Involvement

  • Hatch Act of 1939:

    • Prohibits civil servants from participating in activist roles in partisan campaigns.

    • Specifically, federal employees are prohibited from making political contributions, working for a party, or campaigning for political candidates.

  • Federal Employees Political Activities Act of 1993:

    • This Act liberalized the restrictions of the Hatch Act:

    • Federal employees are allowed to run for office in nonpartisan elections and to contribute financially to campaigns in partisan elections.

Impact of the Judiciary and the Media

  • Judicial Decisions and Bureaucracy:

    • Judicial decisions can significantly restrict and constrain the scope of accepted bureaucratic actions.

  • Case Study: Michigan v. EPA (2015):

    • In this Supreme Court case, the Court overturned the EPA’s limits on mercury, arsenic, and acidic gas emissions from coal-fired power plants, which was known as MATS.

    • The private sector challenged these regulations due to the high compliance costs, estimated near $9.6 billion.

    • The ruling emphasized that preventing premature deaths was essential but criticized the EPA's interpretation of the Clean Air Act as “unreasonable,” based on Justice Scalia's opinion.

  • Public Opinion and Bureaucratic Behavior:

    • Public opinion usually does not significantly constrain bureaucratic behavior.

    • For instance, the handling of the Hurricane Katrina disaster increased public wariness toward federal aid.

Reform and the Reliance on Private Organizations

  • Federal Reliance on Private Contractors:

    • The effectiveness of federal reliance on private contractors was questioned following the mishandling of Hurricane Katrina.

    • The disaster highlighted both the absence of federal help and the role of private organizations in providing assistance.

    • Examples of Private Organizations:

    • Habitat for Humanity

    • Minnesota Helpers

    • However, not all responses were viewed positively as some organizations ran scams to exploit federal relief efforts.

  • Public Perception:

    • Americans generally desire effective and strong implementation of policy while also being wary of allowing unelected bodies to have excessive power.

Interpretation of Political Cartoons

  • Political Cartoon Analysis:

    • The cartoon depicts the bureaucratic red tape emanating from Washington, D.C., likened to an octopus gripping the states with its tentacles.

  • Prompt Questions:

    1. Describe the viewpoint expressed in the cartoon.

    2. Explain how this cartoon relates to federal bureaucracy rather than state bureaucracies.

    3. Discuss why the cartoonist chose a red octopus to represent bureaucracy.

    4. Explore one reason most cartoons about bureaucracy are negative.