Govt 2305-Ch_12


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Govt 2305-Ch_12

  1. 1. The BureaucracyChapter 12
  2. 2. The Constitution and Bureaucracy Bureaucracy  An organization that is structured hierarchically to carry out specific functions A common view  The Framers did not intend and had no role for a bureaucracy  The Framers didn’t say we need the CIA, FBI, IRS, or DARPA  They were never intended at the time of the Constitution Is this correct?
  3. 3. The Constitution and Bureaucracy Informational Function of the Executive Dept.  Article 2, Section 2: “[the President] may require the Opinion in writing, of the principle Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices” What we know  Executive Departments are established  Heads of Departments offer opinions to the president  They have duties, but they’re not defined in the Constitution
  4. 4. The Constitution and Bureaucracy Appointment Power  Article 2, Section 2: “…the Congress may vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments Does the lack of mentioning specific executive departments mean that the Framers didn’t want (or think) any would be necessary?
  5. 5. The Constitution and Bureaucracy Federalist #72 – “The administration of government, in its largest sense, comprehends all the operations of the body politic, whether legislative, executive, or judiciary; but in its most usual and perhaps in its most precise signification, it is limited to executive details, and falls peculiarly within the province of the executive department”  Aspects included  Foreign negotiations  Finance  Application and disbursement of the public monies  Operations of war
  6. 6. History of Bureaucratic Efficiency Patronage System (1829-1883)  Members of winning parties typically would appoint their faithful constituents to government offices as a reward for their support (and monetary contributions)  Andrew Jackson -- “To the victor go the spoils”  Connected to political machines  Strengthened parties  Attracted more constituents  Functioned as a tool of political control  Still exists in some major cities
  7. 7. History of Bureaucratic Efficiency Civil Service Reform: The Pendleton Act (1883)  An act that established the principle of employment on the basis of merit and created the Civil Service Commission  Competitive exams for federal positions  No dues-paying  No campaigning for federal office (Hatch Act of 1939)  No firing simply for political reasons Civil Service Problem  De-politicization = insulation  Difficult to hire and fire Overall – can the federal bureaucracy be efficient without politics?
  8. 8. The Modern Bureaucracy Types of Agencies  Administrative agency  Federal, state, or local government unit established to perform a specific function; typically used to enforce and administer specific laws  Independent executive agencies  Agency that is not part of the Cabinet but reports directly to the president  CIA, NASA, EPA, SSA  Independent regulatory agencies  Agency outside the major executive departments; charged with making and implanting rules and regulations  FTC, Federal Reserve System, FCC
  9. 9. Bureaucracy as a ModernOrganization Weberian model – model of bureaucracy developed by the German sociologist Max Weber, who viewed bureaucracies as rational, hierarchical organizations in which decisions are based on logical reasoning  Fixed and official jurisdictions  Clear distinction between superiors and subordinates  Management based on written documents  Management presupposes training (and/or education)  Managing the office (department) is a full-time job  Management by a set of rules  Technical superiority leads to advancement of bureaucracy
  10. 10. Bureaucracy and Business Government Corporation  Agency of government that administers a quasi-business enterprise  Tennessee Valley Authority, U.S. Postal Service, FDIC Two approaches to governmental influence/interference with business:  Nationalization  Takeover of a business by the national government  Ex. FDIC buying out a defaulting bank; the “great auto crisis” of 2008-09  Privatization  Replacement of government services with services provided by private firms  Ex. County prison systems; Blackwater security contracting in Iraq
  11. 11. Bureaucrats and Policy Dated theories of public administration hold that bureaucrats do not make policy, only implement it Modern views hold that agencies play an important role in the policy making process  Congress makes a law and someone eventually has to turn it into concrete action; it’s best to consult with the people/group who will be carrying out the action The bureaucracy’s policymaking role can be depicted as:  An Iron Triangle (dated)  An Issue Network (modern)
  12. 12. Bureaucrats and Policy Iron Triangle (dated view)  The three-way alliance among legislators, bureaucrats, and interest groups to make or preserve policies that benefit their respective interests Issue Network (modern view)  A group of individuals or organizations that supports a particular policy position on a given issue  May consist of legislators, staff, interest group leaders, bureaucrats, the media, scholars, and other experts
  13. 13. Theories on Bureaucratic Agencies Public Interest  Regulation: Agencies neutrally follow the missions given to them  Efficiencies: assumed to be efficient  Pathologies: missions might be too broadly or narrowly drawn; resources may be insufficient Public Choice  Regulation: agencies are captured by the very firms they regulate  Efficiencies: responsiveness to a coalition of interests outside the agency  Pathologies: special interest dominate; bureaucrats essentially become another special interest
  14. 14. Theories on Bureaucratic Agencies Reputation  Regulation: based solely on agencies’ reputation  Military, FDA  Efficiencies: incentives to avoid errors; responsiveness to various constituencies  Pathologies: high risk aversion; aversion to admission of mistakes  Administrative justice over public legal disputes
  15. 15. Theories on Bureaucratic Agencies Example: Why did “unprofessional” military officers dominate Union Army leadership in the Civil War?  Lincoln appointed “unprofessional” generals: Nathaniel Banks, Benjamin Butler, John Fremont, and John A. Logan Military schools (think West Point) did not yet have reputation for expertise and superior training  This came around the time of the Spanish-American War Only in the 20th century do military academies gain superior reputation within the military, society, and political institutions
  16. 16. Theories on Bureaucratic Agencies Example: Why did the FDA accelerate drug approval in the latter part of the 20th century?  1980-2004: the average drug approval time falls by 60% or better  2.5 years to less than 1 year Public Choice theory: firms had been asking for acceleration all along Reputation theory: political organization of patients upset over long drug approval times and their ability to influence the media forced the FDA to respond What’s the better choice?
  17. 17. Helping Out the Bureaucracy Whistleblower  An individual who brings to public attention gross governmental inefficiency or an illegal action  Typically someone who works within the offending agency  Civil Service reform in the 1970s and 198s encourages state and federal employees to report employer wrongdoing  Some statutes offer monetary rewards  False Claims Act of 1986  Problems  Little evidence that whistleblowers actually receive protection  Over 40% of whistleblowers report that they no longer work for the agency they reported