Bureaucracy

1. Bureaucracy Brief Edition

2. Bureaucracy Essential to running a government

3. Bureaucracy • Large complex organization that implements policy and/or laws • Power to make regulations in order to implement laws. • Regulation have force of law • Quasi-legislative and quasi-judicial functions; make and rule on regs

4. Bureaucratic officials • Past – patronage – friends given governmental jobs whether qualified or not • Garfield’s assassination by office-seeker led to Pendleton Act or Civil Service Reform Act • Changed civil service to a merit or competitive system; testing and interview system to determine competence for job prior to hiring • Only 3% appointed by Pres today to facilitate policymaking and politically sensitive posts • Ex. Cabinet, subcabinet, ambassadors, Noncareer exec assignments (outsider brought in to a high level)

5. Bureaucratic officials • Hatch Act – cannot work on political campaigns on the job or off, • Purpose: to remove civil servants from political pressure • Reforms – • now can run for political office if nonpartisan position • Can electioneer but not on govt time or equipment

6. Model of Bureaucracy • Max Weber’s characteristics: • Hierarchy of authority • Specialized jobs • Explicit rules – standardization of procedures for efficiency • Consequence: not “warm and fuzzy”; cold and unfeeling of individual’s problems • Merit in hiring and promotions

7. Types of bureaus • Agency – majority of enforcement bureaus • Also Office, administration, bureau, • Independent Executive Agencies • Indep of Cabinet dept but with a narrower policy focus • Head apptd by Pres and serve at his will • Ex. NASA, CIA, EEOC, NEA, OPM, Selective Service Sys, SSA, Sm Bus Adm, Natl Sci Found, Ofc of Govt Ethics

8. Independent Regulatory boards and commissions • Regulate various businesses, industries and economic sectors • Head apptd by Pres (confirmed by Senate) and cannot be removed except thru impeachment • Ex.: FCC, Fed Labor Rel Auth, FTC (trade), FDA, NLRB, NRC(nukes), OSHA, SEC • Govt Corporations • Provides good/service that private enterprise cannot provide profitably • Ex.: FDIC, Amtrak (Natl RR Passenger Corp), TVA, USPS, Fed Crop Ins Corp, Export-Import Bank

9. Iron triangles or subgovernments • 3 parts: Bureau / agency Congressional com’tee Interest group(s)

10. Iron Triangle

11. Issue Networks • Complex system of relationships betw groups that influence policy including: • Elected officials • Interest groups • Specialists • Consultants • Research institutes / think tanks • Bureaucratic agencies

12. Congressional check on bureaucracy • Creates and can abolish agency • Change jurisdiction • “Power of the purse” – budget appropriations • Oversight function – public hearings • Legislative veto* • Clarify laws • Confirms heads of dept • Protect public employees who reveal incompetence, mismanagement or corruption (whistleblowers) • Enact revolving door restrictions to reduce or eliminate movement of former empl’ees to private sector jobs over which they had regulatory authority

13. Legislative veto • A requirement that an executive decision must lie before Congress for a specified period (usually 30 or 90 days) before it takes effect. Congress could then veto the decision thru a resolution of disapproval passed by one or both houses. • Such resolution did not require Pres signature • When House or Senate vetoes a bureau’s regs • Unconst’l since INS v. Chadha (1983) • Reality check: still do it, if agency complains may cut budget, etc

14. Executive check • Appts heads of dept and key agencies • Executive orders • Executive signing statements • Budget proposal • Cannot impound (freeze) funds already appropriated • Can enlarge or decrease budget as needed to fit his policy agenda (re: State of Union goals)

15. Texas Bureaucracy • Very similar but more heads are elected • Ex. Tx RR Commission, State Board of Educ, Land Commission, • Sunset Laws – every non-constitutionally created agency must submit formal review/evaluation prior to legislature's renewal • Sunshine Act – aka Open Meeting laws; all govt entities must hold meetings where public may attend and listen (may speak only if followed rules for being on meeting’s agenda); • includes neighborhood Home Owner’s associations, school boards, etc • Exception = firing of personnel (due to slander and libel laws) and possible court proceedings (not give evidence away) • All agencies follow Administrative Procedural Act

16. And the answer is ….. 1. The governor’s two main constitutional powers over the legislature are • The veto and the ability to form committees. • The ability to form committees and the ability to call a special session. • The ability to call a special session and the veto. • The ability to form committees and the ability to fast-track a bill to the floor.

17. 2. The lieutenant governor • Though an executive officer, has primarily legislative powers. • Though a legislative office, has primarily executive powers. • Has more executive powers than the governor. • Is usually selected to balance the governor’s ticket.

18. 3. A personnel system in which public employees are selected for government jobs through competitive examinations and are systematically evaluated after being hired is known as A. Political patronage. B. The spoils system. C. The merit system. D. The revolving door.

19. 4. The fragmented system of authority under which most statewide executive officeholders are elected independently of the Texas governor is known as • A dual executive. • A unitary system. • The plural executive. • Political patronage.

20. 5. A term describing the practice of former employees of Texas agencies leaving state government for more lucrative jobs with industries they used to regulate is • Whistleblower. • Revolving door. • Sunset employment. • Discretionary employment.

21. Answers 1. Call a special session and the veto. 2. Executive officer with primarily legislative powers. 3. Merit system 4. Plural executive 5. Revolving door