U.S Pols110 Chapter 14

Introduction to Bureaucracy and Law Enforcement

• Definition of Enforcement of Laws

  • Rules and laws are enforced with varying degrees of rigor depending on attitude of enforcement agents.

  • Example: Different responses from law enforcement (45 mph vs 50 mph).

Public Sentiment Towards Government

• General American Distrust of Government

  • Historical shift from patronage-based to merit-based civil service.

  • Criticism of bureaucracy in American society.

Structure of Bureaucracy

• Evolution from Patronage to Merit

  • Jobs awarded based on merit rather than connections.

  • Civil Service Reform Act introduced merit-based hiring.

  • Example: Employees in the Department of Education are career civil servants rather than political appointees.

Functions of Bureaucracy

• Role of Bureaucracy in Law Enforcement

  • Bureaucracy is responsible for implementing laws, not running for office.

  • Example: Security measures in airports (shoe removal policy) stem from bureaucratic interpretations of laws related to security rather than direct legislation.

Rule Making in Bureaucracy

• Definition of Rule Making

  • Rule making is a process through which bureaucracies develop regulations to implement laws.

• Steps in the Rule Making Process

  1. Interpretation of existing laws by bureaucrats to develop new rules.

  2. Proposal of a new rule based on legal interpretations.

  3. Solicitation of public and interest group feedback on proposed rules.

  4. Revision of proposals based on feedback received.

  5. Final proposal submitted for approval.

• Importance of Public Participation

  • Stakeholders such as flight attendants and national security agencies provide feedback to proposed rules.

  • Example: The flight attendant's perspective on airport security measures.

Judicial Oversight of Bureaucratic Rule Making

• Role of Courts

  • Courts review bureaucratic processes to ensure regulations are created fairly and lawfully.

  • Example: Loper Bright case has implications on judicial deference to agency rule-making.

  • Recent Supreme Court decisions may reduce the requirement for courts to defer to agency expertise.

• Changes due to Recent Court Decisions

  • Overturning of the 1984 Chevron case impacts how judges engage with agency rule-making.

  • Impact on environmental regulations and labor laws by judging on agency expertise could lead to changes in public policy.

Principal-Agent Problems in Bureaucracy

• Definition of Principal-Agent Problems

  • Occur when agents (bureaucrats) make decisions contrary to the interests of principals (elected officials).

• Examples of Principal-Agent Problems

  • Agent (used car seller) vs. Principal (buyer's interest): discrepancies in incentives (agents want high sales prices).

  • Bureaucratic decision-making in disaster response, e.g., FEMA reorganization after 9/11 increased inefficiency during crises (hurricanes).

• Discussion of various examples

  • State vs federal enforcement challenges.

Privatization and its Impacts

• Definition of Privatization

  • Transition of government services (like DMV) to private operators to inject competition and efficiency.

• Case Study: Missouri DMV Privatization

  • Shift from government-operated DMV offices to independently-operated franchises.

• Implications of Privatization

  • Motivated to maximize efficiency or in the case of charitable organizations, enhance community benefits.

Economics of Corrections

• Overview of Prison Costs

  • Average cost per prisoner: 40,000 - 60,000 annually.

  • Private prisons may reduce costs to 34,000 applying a profitable model to correctional education vs rehabilitation.

• Ethical Considerations

  • Discussing the potential downsides of privatization in corrections vis-a-vis rehabilitation focus.

Bureaucratic Incentives at Work

• Case Study: Department of Motor Vehicles

  • Examination of worker incentives at DMV.

  • Employees motivated to minimize hassle rather than expedite service quality.

• Broader Implications for Government Workers

  • Struggle between efficiency and service in public bureaucracies.

Growth of Bureaucratic Power

• Historical Context

  • 'Contracting workers' model became common due to hiring freezes in federal agencies over the past three decades.

  • Edward Snowden as an illustration of consequences from this increased dependency on contractors.

• Size of Federal Workforce

  • Transition from one in 21 employed by the federal government to approximately one in 51.

Introduction to the Supreme Court

• Overview of the Supreme Court's Role

  • The Supreme Court as the arbiter of legal disputes and checks on legislative and executive powers.

• Constitutional Foundations

  • Article III’s brief description of the Supreme Court leading to diverse interpretations and expansions of power.

Types of Courts and Law

• Criminal Law vs. Civil Law

  • Criminal law involves the government prosecuting individuals for violating laws.

  • Civil law governs disputes between individuals or entities without criminal implications.

• Public Law

  • Focused on cases aiming to change public policy (e.g., landmark cases such as Brown v. Board).

Structure and Functioning of the Supreme Court

• Justices and Their Appointments

  • Current Supreme Court lineup with appointments dating back to President George W. Bush.

• Historical Influence and Future Predictions

  • Long-term impacts of appointees on the judicial landscape.

• The Supreme Court's Role in American Democracy

  • The final say in substantial legal issues, requiring public support and institutional respect to maintain authority.

• Importance of Judicial Independence

  • Contrast between public perception and authority, potential for criticism or awareness affecting its function.

Judicial Procedures and Considerations

• Insight into Case Acceptance

  • How cases are chosen to be heard (e.g., importance of solicitation from clerks).

• Challenges of Judicial Review

  • The limits on proactive engagement of the courts with issues unless litigated by relevant parties.

Legislative Interaction with the Courts

• Historical Examples of Court Legitimacy

  • Critical role in checking political decisions through various pivotal cases (e.g., the 2000 presidential election).

  • Implications of each decision shaping public policy significantly across decades.

Additional Insights Into Legal Strategies

• Advocacy and Legal Strategy Development

  • Significance of prepared legal battles to establish far-reaching changes in Law, e.g., desegregation leading to nationwide shifts in school policies.

• Conclusion

  • Continued observation on the effects of evolving legal frameworks and bureaucratic challenges that shape governance in the United States.