Nov 20 – Gov – The Bureaucracy

1. Nov 20 – Gov – The Bureaucracy Agenda: • Notes: The Presidency (contd.) • Bureaucracy Homework: • Complete and submit Ch. 12 SG by midnight, tonight • Read 14.1 – 14.2 (page 472-483) • Begin Ch. 14 SG Take Out: • Pen/Pencil • Notebook

2. How can congress fight back? • How can congress use the following powers to push back? • Congressional Oversight • Appropriation Power • War Powers • Confirmation of Presidential Appointments

3. Congressional Oversight • Legislative veto - Cong. Repeals bureaucratic regulations using oversight power Congress repealed OSHA regulations on ergonomics (that had been put in place under Clinton) in 2001. • In the case of INS v. Chada (1983), however, the Supreme Court declared the legislative veto to be an unconstitutional violation of separation of powers. • Excessive investigations of Executive branch, micromanagement • Iran-Contra hearings in the 1980s. • Criticism of Patriot Act and secret domestic surveillance programs of NSA • Congressional criticism/demand for hearings of Bush Administration’s handling of war in Iraq, and specifically Justice Dept. memos that gave a legal justification for use of torture.

4. Appropriation power • Uses funding of agencies to exert influence over how laws get executed (iron triangles) • To influence foreign policy in the 1970s and 1980s: Congress cut off aid to South Vietnam, Angola, and the Contras. • Congress tried to force Bush 43 into a deadline for withdrawing troops from Iraq by using funding as a lever.

5. War powers • War Powers Resolution of 1973. • Criticisms • Unconstitutional – usurping President's authority as Commander in Chief. • Ties the hands of the President -- too inflexible. • Makes it easy on the enemy -- just wait 60-90 days for US troops to withdraw. • Presidents have claimed the act to be unconstitutional and have disregarded it, but there has been no lawsuit to determine its constitutionality

6. Confirmation of Presidential Appointments • Excessive scrutiny to appointments • Much closer scrutiny given by Senate to recent appointments • Holds and filibusters to excessively delay • "Rule of fitness" seems to no longer be sufficient; now, a nominee's policy preferences are fair game for much more senatorial scrutiny than before. • Long confirmation delays (through use of the “hold”) of years with some of Clinton’s judicial nominees due to the belief that the nominees were too liberal/out of the judicial mainstream. • Democrats in Senate returned the favor in the Bush Administration by delaying confirmations

7. Non-constitutional sources of presidential power: • Growing complexity of society: With a highly industrial and technological society, people have demanded that the federal government play a larger role in areas of public concern • E.g., pollution, labor issues, air travel safety. • The executive branch has grown to meet those public demands. • Congressional delegation of authority to the executive branch. • Congress often writes broadly-worded legislation and lets executive agencies "fill in the gaps” • Congress often bows to presidential demands in time of economic or foreign crisis. • Congress often bows to the President when he can proclaim a mandate from the people after a large electoral victory, • e.g., Reagan insisting upon tax cuts and higher defense spending after the 1980 election. • Development of the mass media casts the President into the public eye • use of t.v. as the "electronic throne" • Special addresses, press conferences, Saturday morning radio chats, photo opportunities, sound bites, staged events, “going public.” ETC. • Emergence of the U.S. as the great superpower after WWII • Development of the Cold War placed the U.S. into a virtual non-stop crisis situation POST-1945 • assumption of great powers by the President to deal with various foreign crises.

8. Transition!

9. Think and Ink • Write the first word that comes to mind when you think of the following word: BUREACRACY • Have you had an experience that influenced what you said? • If not, what do you think led you to that conclusion? • What do you picture/see?

10. What is the role of Federal Bureaucracy? • Various agencies of the federal government who interpret and implement federal laws and policies • 3-4 million people who do the day-to-day job of governing • After Congress passes a law…someone has to write the rules and regulations to make sure it happens. • TSA airport security regulations • OSHA workplace regulations • IRS tax code regulations Examples: • EPA inspector who goes out to the factory and makes sure it’s not polluting • IRS agent who checks your taxes • FDA meat inspector • Intelligence officer of the CIA • Postal Worker • TSA officer who inspects your luggage

11. A Model of Organization • We study bureaucracy to understand its power and influence, why it behaves the way it does, and to understand causes and implications of bureaucratic behavior • First step: consider bureaucracy as a model of organization • Bureaucratic structure is a way of organizing a large group of people • Companies will CHOOSE bureaucratic structure • The development of bureaucracy is a common characteristic of civilization For example: Bellevue School District

12. Top-Level BSD Bureaucracy

13. But wait… • If people think bureaucracies are so bad, why do we have them? • Why are some organizations designed to be bureaucracies, and why is this structure leading to dissatisfaction? • Let’s find out!

14. Characteristics of a bureaucracy as a model of organization. • Internal division of labor and specialization by function. • Employees are recruited and promoted based on relevant technical expertise. • Various units of the bureaucracy are arranged in a hierarchy (clear lines of authority and communications). • Operations are guided and constrained by established rules and procedures (SOPs). • Emphasis is on establishing and achieving goals efficiently and effectively.

15. So how is it good for democracy? • Standard Operating Procedures • Establish rule of law • Justice – fair treatment because everyone goes through the same process • Equality – SOPs make it so that everyone gets equal treatment, everyone can be promoted the same, etc • Responsiveness • Division of labor and specialization • Serving the people • Clear lines of authority so you know who to seek out • Clear and efficient goals

16. So what’s the deal? • So… why do bureaucracies gets such a negative reputation? • Anticipate on your worksheet

17. Bureaucratic Pathologies • Bureaucratic Pathologies • Pathology – the study and diagnosis of a disease • You will have 20 minutes to play (bureaucratic) doctor • Read through the examples, and diagnose what is wrong with the bureaucracy • For each example try to diagnose the root of the problem • Then categorize these excerpts into a few major categories of repeated “illnesses” or pathologies • Be prepared to share: • Tell me a category and which excerpts fit into that category • Then, explain how 1 case fits that illness