Chapter_7

Page 1: The Bureaucracy Topics

  • Topic 2.12: Explain how the bureaucracy carries out the responsibilities of the federal government.

  • Topic 2.13: Explain how the federal bureaucracy uses delegated discretionary authority for rule making and implementation.

  • Topic 2.14: Explain how Congress uses its oversight power in its relationship with the executive branch.

  • Topic 2.15: Explain the extent to which governmental branches can hold the bureaucracy accountable given competing interests.

Page 2: Understanding the Bureaucracy

  • Essential Question: How does the bureaucracy carry out the responsibilities of the federal government?

  • Functions of the Federal Government:

    • Maintaining interstate highways.

    • Coordinating air traffic.

    • Protecting borders and enforcing laws.

    • Delivering mail.

  • The federal bureaucracy is a vast organization of executive branch employees (~3 million) that interprets, administers, and enforces laws passed by Congress.

  • Growth of Bureaucracy: Increased public expectation and federal responsibilities have led to a more powerful bureaucracy.

Page 3: Structure of the Bureaucracy

  • Executive Hierarchy: Includes departments, agencies, commissions, and government corporations.

  • Cabinet Secretaries: Presidents appoint over 2,000 upper-level officials; appointments often require Senate confirmation.

    • Example: President John F. Kennedy appointed his brother Robert as Attorney General.

  • Departments: 15 main departments; Department of Defense is the largest.

  • Agencies: Subunits of departments that focus on specific goals; Examples: ICE, TSA.

Page 4: Types of Agencies

  • Government Corporations: Amtrak, Postal Service.

  • Independent Executive Agencies: NASA, EPA.

  • Independent Regulatory Commissions: FCC, FTC.

  • Independent Agencies: Operate without direct oversight from departments, reducing potential influence.

Page 5: Criticisms of the Bureaucracy

  • Public Perception: Bureaucracy often criticized as inefficient, particularly organizations like TSA.

  • Example of TSA: Criticism includes airport security failures and inefficiencies in staff management.

Page 6: Tasks of the Bureaucracy

  • Congress defines organizational missions and provides funding.

  • Agencies create regulations with discretion allowed by Congress.

  • Enforcement: Agencies can impose penalties; e.g., EPA following the Clean Water Act.

Page 7: Agency Interactions

  • Testifying Before Congress: Agency officials provide testimony regarding operations and policies.

  • Iron Triangles: Relationship among agencies, congressional committees, and interest groups that influences policy implementation.

Page 8: Iron Triangle Dynamics

  • Congress: Provides funding and oversight.

  • Interest Groups: Offer input on regulations and fund campaigns.

  • Bureaucracy: Implements policies with an incentive to work closely with the other two.

Page 9: Historical Context of the Bureaucracy

  • Patronage System: Early U.S. bureaucracy favoring jobs for loyal party members.

  • Civil Service Reform: Changed to merit-based appointments to combat corruption.

  • Pendleton Act (1883): Established competitive examinations for jobs.

Page 10: Modern Bureaucratic Framework

  • Agencies created for regulation during Industrial Era (e.g., ICC in 1887).

  • Reforms for Efficiency: Efforts continue to streamline and professionalize bureaucracy.

Page 11: Examining Health Care Implementation

  • Example of CCIIO and its role in overseeing health insurance policy after ACA.

Page 12: Discretionary Authority in Bureaucracy

  • Essential Question: How does bureaucracy use discretionary authority?

  • Agencies have power to interpret laws passed by Congress to create rules.

Page 13: Rule-Making Process

  • Administrative Procedures Act (1946): Governs how agencies create rules; ensures public input.

  • Agencies have autonomy but must adhere to regulatory requirements.

Page 14: Congressional Role

  • Congress monitors agency actions through oversight and has significant influence in budget decisions.

Page 15: Importance of Oversight

  • Independent Regulatory Agencies: Can enact industry-specific rules and are less susceptible to presidential control.

Page 16: TSA as an Example

  • Example of TSA's evolving rules regarding flight security based on delegated authority and public safety matters.

Page 17: Reflection on Discretionary Authority

  • Chart Task: List examples of departments that exercise discretionary authority and the reasons for it.

Page 18: Accountability Framework

  • Essential for Congress and the President to ensure accountability and effectiveness of bureaucracy.

Page 19: Congressional Insight and Funding Control

  • Congress uses funding power as leverage over agency effectiveness and operations.

Page 20: President's Role in Agencies

  • The President can shape agency policies through appointments and directives; however, agency structures also influence outcomes.

Page 21: Trends in Agency Accountability

  • Courts shape agency authority and effectiveness through judicial review.

  • Emphasis on the importance of judicial system oversight of bureaucratic decisions.

Page 22: Policy Mechanisms

  • Extent of Accountability: How effectively Congress and the President maintain control over bureaucratic functions.

Page 23: Competing Interests across Branches

  • Agencies must balance different interests and influences from Congress and the President, which can lead to inefficiencies.

Page 24: Legislative Veto and Judicial Intervention

  • Historical context leading to judicial review of legislative veto authority as a balance of power.

Page 25: Whistleblower Protection

  • Importance of whistleblower protections for transparency and accountability within federal agencies.

Page 26: Courts and Bureaucratic Decisions

  • Examples of court cases emphasizing the limits of agency discretion and importance of due process.

Page 27: Importance of Chevron Doctrine

  • Established precedent for agency latitude in rule-making when laws lack clarity.

Page 28: Review and Key Terms

  • Key Concepts: Bureaucracy's role, accountability measures, reforms, key acts are critical for understanding the evolution and function of bureaucratic institutions.