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6 The Executive Branch
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Learning Objectives
By the end of this chapter, you should be able to
• Describe the history and evolution of the federal bureaucracy.
• Analyze the differences between political and civil service
administration.
• Describe the rise of the civil service system.
• Describe the essential functions of bureaucracy.
• Analyze differences between various types of agencies and
departments within the bureaucracy.
• Describe how the political branches of government attempt to
control the bureaucracy and
ensure accountability.
• Evaluate the relationship among bureaucracy, Congress, and
interest groups.
• Analyze the relationship between the nature and structure of
American bureaucracy and Ameri-
can political culture.
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Section 6.1 Components of the Federal Bureaucracy
Upon taking office in January 2009, President Obama appointed
several “czars,” White House
counselors tasked with particular policy responsibilities, to
oversee several policy areas. Crit-
ics charged that the president was attempting to circumvent the
bureaucratic process by run-
ning things from the White House, rather than through the
traditional executive branch
departments. Critics also charged that by appointing czars who
would work in the White
House, rather than as assistant secretaries in the various
departments, the president was
avoiding the appointment process, which requires Senate
confirmation. President Obama’s
actions were viewed as an attempt to avoid legislative
oversight, as these czars could not eas-
ily be summoned to testify before Congress, nor could the
products of their work be subjected
to the Freedom of Information Act.
The roots of the czar concept lie
in the 1939 Brownlow Commit-
tee report, which brought about
a reorganization of the executive
branch that included the creation
of the Executive Office of the Presi-
dent (EOP), which led to a greater
concentration of policymaking and
oversight of agencies and White
House departments.
Presidents with active policy agen-
das often believe they can achieve
better results if they do not have to
rely on a large federal bureaucracy.
Although the president is both chief
executive and chief operating offi-
cer of the executive branch, the fed-
eral government is a vast organiza-
tion of several million employees,
many of whom are protected by certain rules. A president can
control his or her advisors in
the White House because they serve at his or her pleasure, but
he or she has no such author-
ity over the bureaucracy. While the president can remove
department and agency appointees,
there are often political consequences to doing so. To be
successful with Congress, presidents
need the bureaucracy to implement their policy agendas.
In this chapter, we look at the bureaucracy. We examine the
concept of a bureaucracy, how it
developed in the United States, what it does, and how it is held
accountable to the public.
6.1 Components of the Federal Bureaucracy
The federal bureaucracy is the structure of administrative
agencies and departments in the
executive branch that is responsible for delivering public goods
and services. For instance, the
Social Security Administration delivers retirement funds to
older adults. The bureaucracy is
also responsible for implementing laws. While Congress and the
president establish intent to
do something by enacting legislation, the bureaucracy must
make it happen. As an example,
both houses of Congress passed the Affordable Care Act in
2010, and the president enacted
Associated Press
President Obama appointed Carol Browner his energy
czar in October 2009. The office was abolished in 2011.
Presidents appoint czars for the sake of having more
policy control concentrated in the White House.
fin82797_06_c06_133-160.indd 134 3/24/16 1:47 PM
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Section 6.1 Components of the Federal Bureaucracy
it into law by signing the legislation. Yet the responsibility for
implementing the law belongs
to the Department of Health and Human Services (HHS), an
executive branch Cabinet-level
department through the delegation of authority, which was
briefly discussed in Chapter 4.
Delegation of authority occurs when Congress grants authority
to an executive branch depart-
ment or agency for a specific task. (Authority for this particular
law is also delegated to state
governments, as they are responsible for implementing various
features of the law.) The fed-
eral bureaucracy is the part of the government responsible for
implementing laws passed by
the president and Congress, and, as appropriate, executive
orders signed by the president and
case law as determined by Supreme Court decisions. The nature
and magnitude of the execu-
tive branch’s implementation authority has resulted in a large
and complex bureaucracy that
includes Cabinet-level departments (discussed in Chapter 5) and
several other agencies and
offices responsible for implementing the law. The work of the
federal government must be
well organized in order to ensure that the will of the people, as
reflected by congressional,
presidential, and judicial actions, is carried out. Yet the
magnitude of the work warrants a
complex network of offices and agencies to fulfill their
responsibilities.
Defining Bureaucracy
The term bureaucracy comes from the French term bureau,
meaning department. Today we
use the term to mean the breaking down of administration into
departments that have a spe-
cific purpose. The federal bureaucracy is structured to carry out
the law in a politically neu-
tral fashion. A large number of government employees function
outside the political realm
and are not hired or fired based on election results. The purpose
of the bureaucracy is to
establish an administrative framework to implement the
decisions made through the political
process.
Successful bureaucracies are often organized accord-
ing to principles first articulated by sociologist Max
Weber. Weber (1947) suggested that a bureaucracy
was the highest form of efficient administrative struc-
ture in that it was organized to achieve a set of objec-
tives at the least cost. The characteristics that Weber
associated with bureaucracy are that it is based on
principles of full and official jurisdictional areas and
a division of labor. Bureaucracies are also ordered by
rules, laws, or administrative regulation, which ensure
that it will not operate in an arbitrary manner. The
regular activities of the bureaucracy are distributed in
the form of official duties, while the bureaucracy has
the authority to give commands based on rules. Addi-
tionally, a bureaucracy has provisions for the regular
and continuous fulfillment of officials’ stated duties,
and only those possessing generally regulated qualifi-
cations are to be employed.
These principles are found in the modern Ameri-
can bureaucracy, especially in the requirement that
executive branch functions are based on written
Fine Art Images/SuperStock
Sociologist Max Weber suggested
that a bureaucracy is the highest
form of efficiency.
fin82797_06_c06_133-160.indd 135 3/24/16 1:47 PM
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Section 6.1 Components of the Federal Bureaucracy
documents. Positions are legally defined, officials normally
hold a form of tenure, and the
salaries are based on status, or some type of rank within the
organization. The bureaucracy
allows the executive branch to divide administrative
responsibilities based on specialization,
and it allows specialists in particular areas to perform their
functions according to objective
criteria. Thus, bureaucrats seek to accomplish objectives set
forth in legislation enacted by
political figures. It is not bureaucrats’ responsibility to get
involved with questions of whether
those objectives are necessarily good, as those are
considerations for elected officials.
Political Appointments Versus Career Civil Service System
The bureaucracy is made up of two distinct components: the
political administration and
the civil service system. The administration refers to the
bureaucracy that supports the
president. The civil service system refers to those federal
employees who are profession-
als hired on the basis of merit. Whereas the civil service system
is viewed as the permanent
government, the political administration is viewed as a
temporary government, because it is
mostly replaced when a new president takes office. Each
president’s political administration
is composed of his or her immediate White House staff, his or
her Cabinet, and the political
appointees who staff various agencies and departments. As an
example, in the State Depart-
ment, there is a secretary of state and several assistant
secretaries. Each assistant secretary
is responsible for a specific policy or programmatic area, such
as the assistant secretary for
European affairs and the assistant secretary for East Asia.
Political appointees in the admin-
istration also include the various ambassadors stationed abroad.
Each embassy around the
world has an ambassador and several counselors who are also
political appointees. Below
the political appointees are members of the civil service system,
and in the case of the State
Department, the civil servants are members of the Foreign
Service corps.
The key differences between political appointees and civil
servants are the method by which
they obtain their jobs, the nature of their loyalties, and the
tenure of their offices. Political
appointees are appointed by the president and confirmed by the
Senate. Their loyalty is to
the president, who can have them removed from office. Civil
servants are hired by the U.S.
Office of Personnel Management, and they are chosen on the
basis of merit. Individuals going
into the civil service often start out in entry-level positions and
may work their way up the
bureaucratic ladder to more senior-level management positions,
which explains why, in part,
these persons are often referred to as career civil servants.
Civil servants are supposed to be loyal to their agencies and
dedicated to the neutral delivery
of public goods and services. Civil servants are governed by the
Hatch Act of 1939, which is a
law prohibiting federal employees from participating in partisan
political activity. The Hatch
Act was an outgrowth of a long tradition of civil service reform.
Named after Senator Carl
Hatch of New Mexico, it was a specific response to allegations
that employees of the Work
Progress Administration, a New Deal program, were used by
Democratic politicians in the
1938 congressional campaign. The Hatch Act specifically
prohibits intimidation or bribery
of voters and restricts political campaign activities by federal
employees. Federal employees
below the policymaking level are not permitted to have “any
active part” in a political cam-
paign and are prohibited from using any public funds for
electoral purposes. Additionally,
civil servants are prohibited from promising jobs, promotion,
financial assistance, contracts,
or any other benefit as a way to coerce campaign contributions
or political support. In practi-
cal terms, this means that a political administrator may attend a
fundraiser for members of
fin82797_06_c06_133-160.indd 136 3/24/16 1:47 PM
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Section 6.2 The Rise of the Civil Service System
the president’s political party, but a civil servant may not.
While civil servants are permitted
to vote, like any other citizen, they may not campaign for
political candidates.
The Hatch Act also prohibits federal employees from being
members of “any political organi-
zation which advocates the overthrow of our constitutional form
of government.” This has
been interpreted to preclude membership in the Communist
Party.
Politics Versus Public Administration
The federal bureaucracy is structured on the principle
that politics should not play a role in the execution
of government functions. The reason for the separa-
tion is to maintain accountability, transparency, and
neutrality. In the 1880s, political scientist Woodrow
Wilson, who would later become president, put forth
the classical model of public administration. Propos-
ing a strong executive who would also be accountable,
Wilson argued that public administration should be
separate from political and policy concerns. Rather,
public administration should be concerned solely
with the “detailed and systematic execution of pub-
lic law” (Wilson, 1887). Law and policies are made
by elected officials, who are held accountable by vot-
ers at the ballot box. If the public is unhappy with the
policy choices made by elected officials, it can always
vote them out of office. The role of the bureaucracy is
to implement those policies. Wilson specifically called
for a set of principles to guide administrators in the
efficient performance of their duties.
Consider for a moment members of Congress who need to raise
money for their reelection.
It would not be out of the ordinary for wealthy contributors to
have greater access to these
elected officials and a greater chance of being listened to than
would ordinary voters. But we
would not want a civil service system to give preference to rich
people or to Republicans over
Democrats in the delivery of benefits such as Social Security
payments. The point of the sepa-
ration is to ensure that delivery of public goods and services
will happen on an impartial and
equal basis. Civil service, then, requires an intricate set of
procedures and rules that must be
followed so that the delivery of services will, in fact, be
impartial and professional.
6.2 The Rise of the Civil Service System
The modern civil service system is an outgrowth of the
Progressive Era (1890s–1920s), when
social and government reformers sought to deliver governmental
services on the basis of
merit. The idea of a neutral, nonpartisan, and impartial civil
service system was revolution-
ary. Prior to the civil service system, people obtained
government employment through polit-
ical connections, also known as the spoils system.
Library of Congress
Woodrow Wilson argued that admin-
istration should be separate from
political and policy concerns.
fin82797_06_c06_133-160.indd 137 3/24/16 1:47 PM
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Section 6.2 The Rise of the Civil Service System
The Spoils System
Under the spoils system, the political party that won office
would be able to staff the govern-
ment. Newly elected persons would replace those working for
the government with new
employees who were loyal to them. This was, quite literally, a
system of “to the victor go the
spoils.” This meant that no one could be assured of long-term
government employment, and
workers were subject to being fired when their patron either left
office or was defeated in an
election. Workers did not necessarily have to be qualified for
their jobs; they only needed to
be loyal to the person who hired them. It would not be
uncommon, for instance, for a local
postal worker to be replaced after a presidential election.
President Andrew Jackson first used the spoils system
to reward people who voted for him. Following Jack-
son’s inauguration as president in 1829, about 20% of
the federal workforce, mostly in the Post Office, was
replaced. Despite attempts by administration officials
to justify personnel changes, it became evident that the
sole criterion for employment was loyalty to Jackson.
Ironically, the spoils system reflected Jackson’s revolu-
tionary democratic spirit. Government was supposed
to belong to the people. By that standard, it should be
staffed by ordinary citizens, not technical experts. But
the problem with this system was uneven delivery of
services. As an example, a mail carrier whose loyalty
was to Jackson and his Democratic Party might be
less inclined to deliver mail with the same frequency
or care to those areas that supported Jackson’s oppo-
nents. Subsequent presidents continued to use the
spoils system to encourage people to vote for them.
The spoils system was problematic for various other
reasons. One of the legacies of the American Revolution
was a deep-seated distrust of centralized power, which
meant that Americans had a very negative view of gov-
ernment. For more than a century after the Constitu-
tion was ratified, the most desirable government was
the one that governed least. A government staffed by experts or
elites might be unaccountable
to the public. In Europe, it was considered a matter of prestige
to be a civil servant. But in those
European societies, one who served the public did not
necessarily need to be accountable for
the simple reason that civil servants had expertise while the
public did not. Jacksonian democ-
racy, by contrast, was built on the premise that the common man
should govern. Moreover, at
the federal level, there was not much for government workers to
do. It was only as governmen-
tal operations became more complex that there would be a
greater need for professionalism.
The Good Government Reform Movement
The Good Government Reform movement sprang from the
Progressive Era of the late 19th and
early 20th centuries. There were efforts at the national level to
eliminate the spoils system and
replace it with a professional civil service system as early as
1865.
© Bettmann/Corbis
This cartoon alludes to the fact that
Andrew Jackson was closely associ-
ated with the spoils system. He used
it to reward people who voted for
him.
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Section 6.2 The Rise of the Civil Service System
The reforms that did lead to the modern administrative state
actually began at the local level.
In cities such as New York around the turn of the 20th century,
local party leaders would typi-
cally offer patronage to immigrants. They would go to the docks
to greet new arrivals with
offers of employment and assistance to find housing and other
needs. Often, the party leader
would own a construction company that held building contracts
with the city.
Meanwhile, these party leaders controlled party nominations,
and they could help guarantee
that their people would be elected by delivering the support and
votes of their immigrant
employees. In exchange for jobs, these party leaders would
request that employees support
their candidates. Elected city leaders owed something to these
party leaders who put them
there, and they paid that debt with construction contracts.
The spoils system also allowed local party leaders to reward
their loyal followers with jobs in
the local bureaucracy. Irish immigrants and their descendants,
for instance, staffed many
police departments. As a result, many elites believed that they
were being displaced. The only
way they could see to reclaim what they considered to be their
lost and rightful positions of
employment was to choose employees based on merit. In other
words, by changing the rules
of the game, more educated elites could displace those whose
only qualification was their
loyalty. Reformers sought greater efficiency and equity in the
delivery of local governmental
services by pushing to require workers to take and pass
qualifying exams.
At the federal level, the impetus
for replacing the spoils system was
the 1881 assassination of Presi-
dent James Garfield, who was shot
by a disgruntled campaign worker
whose repeated requests for a job
through the spoils system had
been rejected. Garfield’s successor,
Chester Arthur, had no interest in
continuing with a system that he
thought resulted in the death of
his predecessor, so in 1883 Con-
gress passed, and President Arthur
signed, the Pendleton Civil Ser-
vice Reform Act. Sponsored by
Senator George Pendleton of Ohio,
this act sought to do away with
the spoils system by creating the
United States Civil Service Com-
mission to run the federal civil ser-
vice. Under the new law, applicants for certain jobs would be
required to take a civil service
exam. Hiring would be based on qualifications and merit, and
elected officials and political
appointees would no longer be able to fire civil servants. This
removed civil servants from the
influences of political patronage and partisan behavior.
© Bettmann/Corbis
After President James Garfield was assassinated by a
campaign worker seeking a federal job in exchange for
his efforts to get Garfield elected, Garfield’s successor,
President Chester Arthur, signed a law to eliminate the
spoils system.
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Section 6.2 The Rise of the Civil Service System
Efficiency
A civil service system based on meritocracy was supposed to
achieve efficiency in the delivery
of public goods and services, and with the professionalization
of the bureaucracy came the
idea that government should be run according to scientific
principles of management, which
apply business techniques to the public sector and to
administrative management. These
principles refer to a division of labor and specialization, or the
effort to identify the tasks nec-
essary to accomplish an objective and the grouping and
coordination of those tasks to maxi-
mize organizational efficiency (see Figure 6.1 to see how this
works in the U.S. government).
Frederick Winslow Taylor is often viewed as the father of
scientific management. Taylor was
concerned with how management could take otherwise lazy
workers and use “carrots and
sticks” to turn them into efficient and productive ones. If good
management in private indus-
try could achieve efficiency in the production and distribution
of goods and services in the
marketplace, then good management in government could
achieve efficiency in the delivery
of public goods and services.
Efficiency, in simple terms, means producing goods for less
cost. Efficiency in public service
delivery could be improved if those responsible for their
delivery were not bogged down in
politics. Efficiency could also be achieved if public goods were
delivered evenly and impar-
tially. Yet efficiency would be harder to measure in government
than in private industry. As an
example, if a major automobile manufacturer introduces a new
car model, its cost effective-
ness can be measured by tallying up the revenues earned
through sales and comparing them
with the costs of production. But there would be no way to
measure the cost effectiveness of,
for example, maintaining national parks. The value of people’s
enjoyment of the beauty of
national parks may be priceless. Even if there are revenues
derived from entrance fees, they
might not exceed the costs of maintaining the parks, which
would be deemed inefficient in
the business world.
A government bureaucracy cannot always apply marketplace
efficiency to the public sector.
The role of the bureaucracy is to serve the public interest. Still,
it is not uncommon to criticize
the federal bureaucracy for being inefficient. Because civil
servants are immune from poli-
tics and almost impossible to fire, elected officials cannot easily
control the workings of the
government. Similarly, the political appointees who head
agencies, unlike managers in the
private sector, have no real power to remove workers perceived
to be inefficient.
Meritocracy and the Division of Labor
American bureaucracy is built on the twin concepts that
individuals should be hired because
of their abilities to perform certain tasks, and that the
bureaucracy itself is organized accord-
ing to function. In the State Department, for instance, there is a
division for Economic, Energy,
and Agricultural Affairs; a division for Political Affairs; and a
division for Arms Control and
International Security Affairs, just to name a few. The State
Department performs many func-
tions. If the same individuals had to perform them all, they
would spread themselves thin
across the department. Division of labor allows individuals to
specialize and become expert
in something specific, allowing for greater efficiency.
Figure 6.1: The government of the United States
The U.S. government is formally organized to achieve
efficiency. Business techniques are applied in
managing various departments.
From The United States Government Manual (p. 21), by R. A.
Mosley & A. C. Thomas, 2009, Washington, D.C.: U.S.
Government Printing
Office
fin82797_06_c06_133-160.indd 140 3/24/16 1:47 PM
© 2016 Bridgepoint Education, Inc. All rights reserved. Not for
resale or redistribution.
Section 6.2 The Rise of the Civil Service System
Efficiency
A civil service system based on meritocracy was supposed to
achieve efficiency in the delivery
of public goods and services, and with the professionalization
of the bureaucracy came the
idea that government should be run according to scientific
principles of management, which
apply business techniques to the public sector and to
administrative management. These
principles refer to a division of labor and specialization, or the
effort to identify the tasks nec-
essary to accomplish an objective and the grouping and
coordination of those tasks to maxi-
mize organizational efficiency (see Figure 6.1 to see how this
works in the U.S. government).
Frederick Winslow Taylor is often viewed as the father of
scientific management. Taylor was
concerned with how management could take otherwise lazy
workers and use “carrots and
sticks” to turn them into efficient and productive ones. If good
management in private indus-
try could achieve efficiency in the production and distribution
of goods and services in the
marketplace, then good management in government could
achieve efficiency in the delivery
of public goods and services.
Efficiency, in simple terms, means producing goods for less
cost. Efficiency in public service
delivery could be improved if those responsible for their
delivery were not bogged down in
politics. Efficiency could also be achieved if public goods were
delivered evenly and impar-
tially. Yet efficiency would be harder to measure in government
than in private industry. As an
example, if a major automobile manufacturer introduces a new
car model, its cost effective-
ness can be measured by tallying up the revenues earned
through sales and comparing them
with the costs of production. But there would be no way to
measure the cost effectiveness of,
for example, maintaining national parks. The value of people’s
enjoyment of the beauty of
national parks may be priceless. Even if there are revenues
derived from entrance fees, they
might not exceed the costs of maintaining the parks, which
would be deemed inefficient in
the business world.
A government bureaucracy cannot always apply marketplace
efficiency to the public sector.
The role of the bureaucracy is to serve the public interest. Still,
it is not uncommon to criticize
the federal bureaucracy for being inefficient. Because civil
servants are immune from poli-
tics and almost impossible to fire, elected officials cannot easily
control the workings of the
government. Similarly, the political appointees who head
agencies, unlike managers in the
private sector, have no real power to remove workers perceived
to be inefficient.
Meritocracy and the Division of Labor
American bureaucracy is built on the twin concepts that
individuals should be hired because
of their abilities to perform certain tasks, and that the
bureaucracy itself is organized accord-
ing to function. In the State Department, for instance, there is a
division for Economic, Energy,
and Agricultural Affairs; a division for Political Affairs; and a
division for Arms Control and
International Security Affairs, just to name a few. The State
Department performs many func-
tions. If the same individuals had to perform them all, they
would spread themselves thin
across the department. Division of labor allows individuals to
specialize and become expert
in something specific, allowing for greater efficiency.
Figure 6.1: The government of the United States
The U.S. government is formally organized to achieve
efficiency. Business techniques are applied in
managing various departments.
From The United States Government Manual (p. 21), by R. A.
Mosley & A. C. Thomas, 2009, Washington, D.C.: U.S.
Government Printing
Office
fin82797_06_c06_133-160.indd 141 3/24/16 1:47 PM
© 2016 Bridgepoint Education, Inc. All rights reserved. Not for
resale or redistribution.
Section 6.3 What Do Bureaucrats Do?
Along with this division of labor go two principles that
underpin bureaucracy generally, and
American bureaucracy in particular: chain of command and span
of control. Chain of com-
mand refers to the hierarchical nature of the bureaucracy. A
department secretary oversees
undersecretaries, who oversee assistant secretaries, who oversee
division supervisors, who
oversee assistant supervisors, who oversee mid-level managers,
who oversee subordinates
beneath them, and all the way down to the lowest level in the
organization. The span of con-
trol refers to authority that a particular supervisor might have
over subordinates in several
units. When the chain of command and span of control are put
together, the structure of the
bureaucracy resembles a pyramid with the head of a department
at the top and line work-
ers at the bottom. The line workers are those, like caseworkers
in a welfare office or cus-
tomer service staff in a Social Security office, who are
essentially the public face of the federal
bureaucracy for those who need their services.
6.3 What Do Bureaucrats Do?
In simple terms, bureaucrats take orders from those above them
and give orders to those
below in order to administer programs and deliver public goods
and services. In the spirit of
separating public administration from politics, bureaucrats
implement policies and adminis-
ter programs created by elected public officials.
Implement Laws, Policies,
and Programs
The bureaucracy, as the organiza-
tional form of the executive branch,
“executes” laws and policies passed
by the legislative branch. As such,
much of the bureaucracy is devoted
to regulating individual and group
behavior. If Congress passes and
the president signs a new tax on
millionaires, the agency or depart-
ment responsible for collecting
those taxes is the Internal Revenue
Service (IRS), which is part of the
U.S. Treasury Department. The IRS
monitors individuals’ incomes and
the taxes they pay through report-
ing requirements. Because the IRS
has the authority to enforce the
existing federal tax code, individuals are required to file annual
tax returns, and the IRS can
audit those suspected of cheating. If individuals do not submit
the taxes they owe at the end of
the year, the IRS can collect them by putting a lien on an
individual’s wages. It can also enforce
collections by initiating judicial proceedings against those
suspected of tax evasion.
© Seth Perlman/AP/Corbis
Internal Revenue Service (IRS) employees sift through
tax returns at an IRS tax form processing center. As
part of the bureaucracy of the executive branch, the IRS
enforces policy that has been passed by Congress and
signed by the president.
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Section 6.3 What Do Bureaucrats Do?
All these activities are examples of an agency implementing
laws that Congress passed and that,
by extension, reflect the will of the people. The bureaucracy
also includes FBI agents who inves-
tigate crimes and federal prosecutors who suspect criminals on
behalf of the FBI, workers who
deliver the mail, physicians in veterans hospitals, caseworkers
who process applications for
public assistance, analysts in the Department of Labor who
report on monthly unemployment
figures, and scientists in the National Institutes of Health (NIH)
who look for cures for cancer or
in the National Aeronautics and Space Administration (NASA)
who manage space exploration.
Make Laws Through Rule-Making
In theory, the bureaucracy does not make laws, as only
Congress has the authority to do so. In
reality, though, the bureaucracy makes law through its rule-
making function. Once Congress
passes a law, the bureaucracy sets the rules for how that law
will be implemented, in essence
filling in the details. These rules are usually published in the
Code of Federal Regulations
(CFR) and may also appear in the Federal Register. Published
rules are considered by the
courts to be as legally binding as statutory law—law made by
Congress—provided that they
are a reasonable interpretation of the underlying statute. The
bureaucracy thus establishes a
written record of what it does and makes it publicly available.
Adjudicate Decisions and Disputes
The bureaucracy also exercises a degree of judicial authority
through its administrative adju-
dication function. When an agency writes rules for how people
can receive benefits, it also
establishes procedures for how benefits can be terminated. The
Administrative Procedures
Act of 1946 has adjudicatory requirements that apply when an
agency’s statutes require that
an order—not an agency rule—be issued. The order is “to be
determined on the record after
opportunity for an agency hearing.” The result is that such
proceedings are to be conducted
in a fashion similar to a court.
Proceedings are presided over by impartial administrative law
judges who are appointed by
the agency with the approval of the Office of Personnel
Management. Administrative law pro-
ceedings include oral hearings and cross-examination of
witnesses and are fully recorded
along with documentary evidence. An administrative law judge
makes an “initial decision”
that is final unless it is appealed to the head of the agency. An
agency head can also make a
decision after receiving a recommendation from the
administrative law judge. Still, courts can
review the decisions of agencies, but they are likely to overturn
decisions only if they do not
conform with the procedural requirements of the Administrative
Procedures Act and other
statutes. Or they may overturn a decision if they find that an
agency’s “action, findings, and
conclusions” are not supported by substantial evidence.
The bureaucracy in effect acts like a court, and what occurs is
an administrative hearing. Sup-
pose, for example, that the Department of Health and Human
Services (HHS) decides to ter-
minate a recipient’s benefits because that person failed to abide
by the rules. Suppose the
specific rule required that the person report to a work site for a
minimum of 20 hours a week,
and he failed to do this. HHS, of course, justifies its actions by
pointing to the rules in the
Federal Register. Still, the recipient is a citizen and has rights,
so he appeals the termination
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Section 6.4 Types of Bureaucratic Departments
of benefits decision. He presents his case to a panel in HHS that
will hear and adjudicate the
appeal. The judicial power of the bureaucracy is referred to as
agency adjudication, and it
occurs when someone has violated agency rules. If the recipient
who loses benefits is not
satisfied with the result of the hearing, he can always appeal the
results to an actual court.
6.4 Types of Bureaucratic Departments
The federal bureaucracy is made up of several types of
organizations, and the president, at
least at the political level, makes different types of
appointments to each organization. Most
Americans are familiar with the traditional Cabinet departments
such as Justice, Treasury,
and State. But there are also independent agencies, independent
regulatory commissions, and
government corporations. Each of these types of organizations
has layers of political appoin-
tees and civil servants.
The Cabinet
The 15 Cabinet departments, listed in Table 6.1, comprise about
60% of the federal workforce.
These departments generally fall into three categories, although
some departments could be
classified in more than one category. These categories include
functional, clientele, and geo-
graphic. Regardless of type, each Cabinet department is further
divided into various smaller
units, such as bureaus, divisions, or offices. Much of the work
gets done in these smaller units.
Independent Agencies
An independent agency is a federal body that is independent of
both the president and Con-
gress. Congress creates the agency and the president appoints
people to it, but after that nei-
ther Congress nor the president has much control. That is the
idea: to have an agency that can
oversee a specific policy or program function without being
subject to political pressures. At
the same time, independent agencies are
subject to oversight, as they can be called
to testify at congressional hearings.
The Federal Reserve Board, or “the Fed,”
which regulates banks and the money sup-
ply, is an example of an independent agency.
The president appoints a chair for a period
of 4 years, and people who are known as
“governors” (not actual elected state gov-
ernors) for 14-year terms. Once they are
in place, governors may be removed by
the president for cause. Although Congress
regularly calls the Fed chair to testify, it
has no authority over the agency short of
rewriting the legislation that created it in
the first place.
Associated Press/J. Scott Applewhite
Federal Reserve Chair Janet Yellen was nomi-
nated by President Obama in 2014 for a 4-year
term. The Federal Reserve Board chair serves as
part of the president’s administration but makes
decisions independent of executive oversight.
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Section 6.4 Types of Bureaucratic Departments
Table 6.1: Cabinet departments
Department Function Date of creation
Department of State (DOS) Handles foreign policy and rep-
resents the nation abroad
1789
Department of the Treasury Manages taxes, revenue, and
sometimes broader economic
policy
1789
Department of the Interior (DOI) Maintains national parks and
other public lands (most of the
nation’s parks are in the West)
1849
Department of Agriculture
(USDA)
Serves the interests of farmers 1862
Department of Justice (DOJ) Enforces federal law and pros-
ecutes criminal violations of it
1870
Department of Commerce Serves the interests of
businesses
1903
Department of Labor (DOL) Helps American workers by
improving working condi-
tions, addressing job training,
minimum wage, employment
discrimination, and unemploy-
ment insurance
1913
Department of Defense (DOD) Coordinates the nation’s defense
1947 (The Department of
Defense was originally created as
the Department of War in 1789
and renamed in 1947 as the
Department of Defense.)
Department of Health and
Human Services (HHS)
Helps low-income individuals
access free or low-cost health
services and affordable housing
1953 (The Department of Health
and Human Services was origi-
nally the Department of Health
Education and Welfare. The
Department of Education was
created as a separate department
in 1979.)
Department of Housing and
Urban Development (HUD)
Improves and develops the
nation’s communities and
enforces fair housing laws
1965
Department of Transportation
(DOT)
Ensures a fast, safe, efficient,
accessible, and convenient trans-
portation system
1966
Department of Energy (DOE) Advances the national energy
security
1977
Department of Education (ED) Promotes educational quality
and equal access to education
1979
Department of Veterans Affairs
(VA)
Administers benefit programs
for veterans, their families, and
their survivors
1989
Data from “The Executive Branch,” by The White House,
2015(http://www.whitehouse.gov/our-government/executive-
branch).
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http://www.whitehouse.gov/our-government/executive-branch
Section 6.4 Types of Bureaucratic Departments
Independent Regulatory Commission
An independent regulatory commission is like an independent
agency with a narrow focus
and specific function. Examples include the Securities and
Exchange Commission, which
regulates trading activity on Wall Street; the Federal Elections
Commission, which regulates
campaign and election activity; the Interstate Commerce
Commission, which regulates the
movement of goods across state lines; and the Federal
Communications Commission, which
regulates interstate and international radio, television, wire,
satellite, and cable communica-
tions as well as telephone companies, including wireless service
providers.
If regulation were handled by Congress, it might not happen at
all, and it certainly would not
happen evenly. Likewise, if the Federal Election Commission
were subject to traditional exec-
utive branch control, it might hesitate to investigate illegal
presidential campaign contribu-
tions because the recipient of those contributions might well
now be the president oversee-
ing the commission. Immunity from political pressures and from
arbitrary removal enables
an independent regulatory commission to do its job.
Government Corporations
A government corporation is a legal entity created to exercise
some of the powers of the
government. It is either wholly owned or partially owned by the
government and is often
structured as a nonprofit organization. However, it is not
entirely part of the federal bureau-
cracy. Government corporations are intended to serve a valued
public purpose while main-
taining a degree of independence. An example is the U.S. Postal
Service (USPS), whose mis-
sion appears below:
The Postal Service shall have as its basic function the
obligation to provide
postal services to bind the Nation together through the personal,
educational,
literary, and business correspondence of the people. It shall
provide prompt,
reliable, and efficient services to patrons in all areas and shall
render postal
services to all communities.
The USPS is required, by statute, to provide the same services
to all Americans, such as deliv-
ering first-class mail at the same price no matter where they live
or the actual cost of deliver-
ing that mail.
Types of Political Appointments
Political appointments often fall into three general categories:
specialists, careerists, and cli-
entelists. The specialist appointee generally has specific expert
knowledge that is critical to
running a functional department. As an example, the State
Department is functional, in that
its specific purpose is foreign policy. However, a secretary of
state and his or her assistant
secretaries are likely to be foreign policy experts and are
therefore examples of specialist
appointments.
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Section 6.4 Types of Bureaucratic Departments
Presidents do not always appoint specialists to top positions in
the government. Presidents
may appoint careerists, such as prominent political figures who
have served in different
presidential administrations in a variety of capacities. Careerists
bring knowledge of how
Washington works and how to work through the bureaucracy,
and they often have connec-
tions with members of Congress. Because the appointees are the
ones who have to represent
their agencies and departments before Congress, their
congressional connections are criti-
cal, especially when it comes to requests for funding. An
example of a careerist is Norman
Mineta, who served as member of the U.S. House of
Representatives from 1975 to 1995, then
secretary of commerce under President Bill Clinton and later
secretary of transportation
under President George W. Bush. Even though Mineta was a
Democrat, President George W.
Bush understood the value of Mineta’s knowledge of
Washington politics when he chose him
to serve in his Cabinet.
Sometimes a president appoints a
careerist because he or she would
like to have a greater say in a par-
ticular policy area. For instance,
careerists are often appointed to
be secretary of state by presidents
who consider themselves suffi-
ciently expert in foreign affairs. A
non-expert at the State Department
allows a president to run policy
from the White House. This was
true in the early years of the Nixon
administration, when William P.
Rogers was secretary of state and
Henry Kissinger was national secu-
rity advisor. Foreign policy was gen-
erally run from the White House,
and the secretary of state was little
more than a figurehead. Later, when
Kissinger became secretary of state
in 1973, foreign policy was once again made in the State
Department. Although the term was
not used then, Kissinger was in many respects Nixon’s foreign
policy czar.
The clientelist is the third type of appointment that presidents
make, usually to agencies or
departments that serve a specific clientele. A clientelist is often
appointed because he or she
is believed to satisfy a particular constituency and can bring
that constituency’s support back
to the president. An example of this is the secretary of
agriculture. Because the Department of
Agriculture primarily serves the interests of farmers, it makes
sense to appoint an agriculture
secretary from those states that form the farm bloc. Coming
from that area, he or she will
understand what farmers want and may be able to deliver the
farmers’ support in the next
election.
© Bettmann/Corbis
An example of a careerist appointment would be when
President Richard Nixon (center) had William P. Rogers
(left) serve as secretary of state but appointed Henry
Kissinger (right) as national security advisor. His goal
was to run foreign policy from the White House, not the
State Department.
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Section 6.5 Who Controls the Bureaucracy?
6.5 Who Controls the Bureaucracy?
The federal bureaucracy is often referred to as the “fourth
branch of government” because it
is almost like a branch unto itself. Most workers in the
bureaucracy are civil servants, so it is
very difficult for political leaders to control what they do. In
the private sector, a worker who
does not do what the president of his or her company wants can
be fired. That is not the case
with the civil service system, where the president or even his or
her political appointees can-
not easily remove a career civil servant. Civil service workers
are protected by civil service
rules, and to remove a civil service employee, even for cause,
requires several steps in a pro-
tracted process that guarantees the employee’s rights to appeal.
Unlike in the spoils system, a new Republican president cannot
order the termination of all
employees in the Department of Health and Human Services
because the president thinks
they might have voted for the Democratic opponent in the last
election. Civil servants can be
fired for failure to perform their duties, but the procedures to do
so are complex. Employees
facing termination may appeal to the Civil Service Commission.
Still, there are ways to control the bureaucracy, or at least make
it more accountable. Fore-
most among these are the president’s ability to control budgets
for specific agencies, and
Congress’s ability to hold legislative oversight hearings. Even
though it is immune from tradi-
tional political pressure, at the end of the day the bureaucracy,
like any other institution, still
needs to maintain a measure of support from the public.
Presidential Control
Political scientist Francis Rourke (1984) has observed that a key
theme in American politics
over the years has been the struggle for control over national
policy between the White House
and the bureaucratic organizations. Rourke has suggested that a
president has three courses
of action. First, the president can fill the top echelon of
executive organizations with political
appointees who share his or her values and hope that they will
protect his or her interests.
Second, the president can assign members of the White House
staff to monitor the work of
executive agencies. Third, the president can create structures in
the White House that will
take the lead in policy areas of importance to him or her. The
use of White House czars reflects
this third course. In the past, however, presidents took one or
more of these courses of action
in response to deep dissatisfaction with bureaucratic
performance.
As mentioned in the opening vignette, President Obama began
his presidency by appointing
several czars, which signaled that he would prefer that policy
direction come from him and
the White House. President Nixon, in particular, used this
approach when he made all foreign
policy through Henry Kissinger and the National Security
Council rather than William P. Rog-
ers and the State Department.
The president can also control the bureaucracy through the
budgeting process. Although
Congress technically appropriates money and therefore must
approve of budgets, as we dis-
cussed in Chapter 2, the president prepares the budgets and
submits them to Congress.
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Section 6.5 Who Controls the Bureaucracy?
There are three basic budgeting techniques: line-item budgeting,
planning program budget-
ing, and zero-base budgeting. With line-item budgeting, money
is appropriated for specific
items such as equipment, personnel, and programs. A
department that received $40 billion
last year can usually expect the same this year and perhaps 4%
more. If there are to be budget
cuts, its budget will not be cut very much—maybe only by 2–
3%. This is also known as incre-
mentalism, which is the idea that everything is completed in
small steps. The point of line-
item budgeting is that it is predictable, and there is very little
concern that a department or
agency will be completely defunded. However, without such
danger, the president does not
enjoy the same level of control that he or she might were he or
she able to eliminate depart-
ments or agencies. Moreover, a bureaucracy that can expect a
consistent budget has very little
reason to explain itself and justify how it is spending public
monies.
A president might be able to
achieve accountability by forcing
agencies and departments to jus-
tify their expenditures based on
the programs that they adminis-
ter. Planning program budget-
ing (PPB) is a technique whereby
a budget is organized around pro-
grams rather than items. The idea
was first introduced during Presi-
dent Kennedy’s administration by
Defense Secretary Robert McNa-
mara. A budget would be organized
around specific programs like the
North Pacific Fleet, Aircraft Carrier
groups, and Amphibious Landings.
The Defense Department would
undertake a cost-benefit analysis
to determine whether benefits of
a particular program justified its
costs. This question, of course, is a
political one, as benefits are deter-
mined according to whose inter-
ests are being served, or in terms of
who is getting what, when, and how. The implication, however,
is that if the benefits cannot
be shown to justify the costs, the entire program can be cut.
Politically, this is often difficult
because every program has its own base of support. But it does
force the bureaucracy to be
accountable to the political leadership in the executive branch.
A third type of budgeting technique is known as zero-base
budgeting (ZBB), which was
introduced during the Carter administration. The basic idea is
that departments and agen-
cies should not assume that, just because they had a budget the
previous year, they are nec-
essarily entitled to one now. On the contrary, they should
assume that they have no budget
and that they are preparing one from scratch. They are in effect
being asked to explain to the
political leaders what it is they do, why it is essential that they
continue doing it, and just how
Associated Press/J. Scott Applewhite
Republican Paul Ryan, House Budget Committee chair,
references President Obama’s 2014 fiscal budget pro-
posal book during a hearing on the Health and Human
Services budget. The president can often use the bud-
get to exert a degree of executive control over bureau-
cratic agencies. Representative Ryan has since become
speaker of the House of Representatives.
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Section 6.5 Who Controls the Bureaucracy?
any appropriation of public monies will be spent. In practice,
those preparing budgets begin
from a certain level of spending, perhaps around 80% of their
previous budget. They then
put together “decision packages” consisting of different ways
that the level of services could
be increased and then rank them. This way, political appointees
can establish priorities for
spending increases.
As with the PPB, ZBB requires bureaucrats to be accountable by
engaging in public justifica-
tion. ZBB similarly assumes that if the justification is not
adequate, the agency or department
can be eliminated. Again, it would be politically difficult to
eliminate a whole unit because
agencies and departments typically have supporters in Congress
as well as among a variety of
interest groups. Still, by forcing bureaucrats to jump through
the hoops associated with both
ZBB and PPB, the president is able to exert some control. At
the very least, the president can
ensure that an agency or department perceived to be out of
control receives less money.
Management by Objective
Management by objective is the idea that the president and his
or her political appointees can
establish objectives for each program as well as a set of
measures to determine whether those
objectives have been met. Agency heads establish a set of
quantified objectives to be achieved
in the coming year and then break down each objective into
quarterly targets. This process
is repeated down the chain of command. The goal is to achieve
greater efficiency through
clearly stated objectives that are easily quantified. If everybody
is forced to demonstrate that
objectives are being achieved, and how they are being achieved,
there will be greater account-
ability. Implicit in all this is the threat that if objectives are not
achieved, major changes can
be made, including overhaul of departments, elimination of
programs, and termination of
personnel.
Congressional Control
As we mentioned in Chapter 4, Congress holds the executive
branch accountable to the public
through legislative oversight hearings. The bureaucracy cannot
function if Congress does not
appropriate money to it. Thus, controlling the bureaucracy
through legislative oversight is a
matter of bringing Congress’s power of the purse to bear.
Typically, it is the political appoin-
tees who actually testify before Congress about what their
departments are doing, how they
are administering specific programs, and how public money is
being spent. But it is the career
bureaucrat who is often required to prepare the actual
testimony. Agencies and departments
are also required to submit reports to Congress on a periodic
basis, and civil service workers
write these reports. In an extreme type of control of this civil
service workforce, on the basis
of hearings, Congress can rewrite legislation to change the
bounds of an agency’s jurisdiction
and authority. It can also appropriate less money to an agency.
Congress does not need the
president to request less money; it can do this on its own.
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Section 6.6 Bureaucracy, Congress, and Interest Groups
Judicial Control
Bureaucracies that implement policies and programs are an
extension of the president exe-
cuting the laws of the land. They are the administrative
machinery of the executive branch.
But the bureaucracy still has to operate within the bounds of the
law. Thus, court rulings can
affect the scope of administrative authority. A court can either
expand bureaucratic author-
ity or limit it. The Internal Revenue Service (IRS), for instance,
routinely enforces tax collec-
tion through random audits of Americans. If the IRS intends to
audit someone, that person
is forced to comply, though he or she can bring an accountant or
lawyer along to ensure due
process. Suppose that someone believed that an audit was a
violation of his or her privacy.
This person could file suit in court in an attempt to force the
IRS to stop random audits. Were
a court to order that future audits needed a prior court order so
as not to invade privacy, it
would, in effect, be narrowing the scope of the IRS’s authority.
6.6 Bureaucracy, Congress, and Interest Groups
The relationship between Congress and the bureaucracy is not
always characterized by Con-
gress holding the executive branch accountable. There are also
times when Congress and the
bureaucracy work together to satisfy mutual interests.
Additionally, there are instances when
agencies appear to serve interest groups to the exclusion of the
public interest. Some of these
relationships are known as the iron triangle of representation,
and others are referred to as
bureaucratic capture.
Iron Triangles
An iron triangle is a relationship among a committee in
Congress, an interest group, and an
administrative department or agency whereby each attempts to
satisfy the others for mutual
gain (see Figure 6.2). For example, interest groups lobby
members of Congress (that is, they
try to influence them) for programs or projects that will benefit
them. Congressional mem-
bers in turn lobby administrative agencies for contracts to run
these programs. The bureau-
cracy lobbies Congress for funds for programs so that it in turn
can award contracts. Members
of the bureaucracy also lobby for budgets, because the size of a
budget is often seen as a
measure of prestige and power. Members of Congress may
lobby the administrative agency to
award a contract to a particular interest group in the hopes that
they will be repaid with cam-
paign contributions. Administrative agencies also seek to satisfy
interest groups by awarding
contracts to them because some bureaucrats might want to trade
government jobs for more
lucrative private ones. They may also seek to satisfy interests in
the hopes that lobbying Con-
gress will result in a greater appropriation for those groups.
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Section 6.6 Bureaucracy, Congress, and Interest Groups
By and large, iron triangles are considered to be impenetrable.
Although each point of the tri-
angle does allow for various interests to gain access, the close
relationships among the three
sides make it extremely difficult to introduce new and
innovative policies. For example, an
idealistic president may want to cut the defense budget to have
serious arms control, but he
or she will find it extremely difficult to do so. Still, iron
triangles allow for individual concerns
to be represented through the interest groups representing those
concerns as part of the iron
triangle relationship.
Bureaucratic Capture
When an agency is in the service of its clientele and the
interests of the clientele come before
the interests of the public, it is said to have succumbed to
bureaucratic capture. For instance,
the Federal Aviation Administration (FAA) regulates the airline
industry with the goal of keep-
ing the flying public safe. Yet in practice the agency is often
viewed as a traditional clientele
agency whose first mission is to serve the interests of those it is
supposed to regulate. If, for
instance, it eases maintenance requirements on aircraft and an
unintended consequence is a
plane crash, critics will assume that those requirements were
eased to allow the airlines to
save money and boost profits. If the FAA had demanded harsher
maintenance requirements,
it would have been serving the public interest. Because instead
it gave in to the demands of
the airlines, it is an example of bureaucratic capture.
Figure 6.2: The iron triangle
Iron triangles represent the relationships among congressional
committees, interest groups, and the
bureaucracy.
From Ubernetizen.
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Section 6.6 Bureaucracy, Congress, and Interest Groups
An agency may be captured as a
function of an iron triangle. In these
cases, not only does it specifically
serve the interests of its clientele,
but it does so with the express
blessing of the congressional com-
mittee that is supposed to oversee
it. When an agency is captured,
there is, in effect, no accountabil-
ity, and it is that much harder for
politicians to control it. It generally
takes a severe crisis or multiple cri-
ses, such as several plane crashes
where hundreds of lives are lost, to
break a bureaucratic capture.
Remedies
Political scientist Theodore Lowi
(2009) has contended that Con-
gress is responsible for the cre-
ation of iron triangles and the bureaucratic capture that results.
Because Congress delegates
authority to the bureaucracy to accomplish its objectives,
interest groups will inevitably arise
to get a piece of the action. The solution might be to withdraw
the delegation of authority.
However, this does not seem feasible because as citizens expect
more of their government,
they demand more of Congress, whose members must respond
by creating new programs.
Congress then has to delegate authority so that the new
programs are implemented, and this
in turn empowers the bureaucracy. As a consequence,
bureaucracy becomes a symbol of big
government, which is counter to the culture of limited
government upon which the country
was founded.
One remedy to the problem of a cumbersome bureaucracy might
be a move toward limited
government, but it is not clear whether limited government is
realistic in a complex society.
Lowi has suggested the remedy of returning to “juridicial
democracy,” which would amount
to limiting federal action “to those practices for which it is
possible to develop a clear and
authoritative rule of law, enacted democratically and
implemented absolutely” (2009). In
other words, federal action needs to be subject to popular
control, as exercised through the
representative Congress. Lowi has even suggested that the
Supreme Court be asked to declare
unconstitutional any delegation of power to an administrative
agency that is not accompanied
by clear standards of implementation. In other words, the
traditional disdain for big govern-
ment was really a concern that the executive would become all
powerful and act arbitrarily.
A society as complex as the 21st century United States requires
a greater executive presence,
which in turn involves greater bureaucracy. But there still need
to be checks on the powers of
the executive, and the concept of juridical democracy is offered
as one mechanism for ensur-
ing that the democracy does not act arbitrarily. Recall from
Chapter 1 that the desire to check
the executive was a key motive for the colonists to declare
independence from the British.
Associated Press/The Oklahoman/Michael Downes
Officials from the Federal Aviation Authority (FAA)
investigate a plane crash. The FAA is a good example
of bureaucratic capture because it is supposed to be
serving the public interest, but too often it gives in to
the demands of the airlines and other special interest
groups.
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Section 6.7 Bureaucracy in American Political Culture
6.7 Bureaucracy in American Political Culture
The revolutionary spirit from which the American nation was
born has generally contrib-
uted to a negative perception of bureaucracy. Government
institutions have not always been
viewed in the most positive terms, and the bureaucracy has
often been seen as a concrete
manifestation of government power.
Bureaucracy as Active Government
The United States has long had a tradition of opposing active
government that has added to
the ambivalence toward administrative agencies. One of the
core American values is individ-
ual liberty, and because government institutions were designed
to protect individual liberty
through the separation of powers, there has long been a belief
that liberty and strong central
governmental authority cannot coexist. The Framers actually
admonished that we should be
jealous of government power, as such power would represent a
threat to liberty. The growth
of American bureaucracy, however, coincides with the
transformation from passive to active
government, and with the evolution from dual federalism to
cooperative and then creative
federalism, as discussed in Chapter 3. This growth has been
contrary to the values of limited
government.
It is not just that Americans are
ambivalent about administrative
agencies because they are con-
cerned about their liberty, however.
Opposition to active government
in the United States has also made
Americans ambivalent out of the
belief that government only fouls
things up. Government should be
limited in its functions, the thinking
goes, because individuals are capa-
ble of doing things better and more
efficiently on their own.
Much of the opposition to health
care reform had to do with concern
that if bureaucrats decided who gets
what type of treatment, individual
liberty would be infringed upon,
and that a system that was perceived to run well in the private
sector would be destroyed by
government control. If the costs of health care are too high, the
argument goes, the answer is
not government bureaucracy, but more competition in the
marketplace.
Some of these views are derived from a conviction that markets
are more efficient. But some
of these views may also be derived from a historical distrust of
government. Concerns about
active government in the United States have a much longer
history than the Progressive tra-
dition, from which the more modern view of government as a
force for good descends. To
© Brooks Kraft/Corbis
A tradition that opposes active government contrib-
utes to the belief among many Americans that govern-
ment control generally leads to more problems than
solutions.
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Section 6.7 Bureaucracy in American Political Culture
a certain extent, modern administrative theory is built on the
reality that markets do not
always work and, left to their own, unregulated, devices, free
markets can result in unemploy-
ment, poverty, great disparities in wealth and income, products
that only wealthy people can
buy, and in general much human suffering and misery. The
modern administrative state exists
to compensate for many of these market failures. Free markets,
in other words, require strong
mediating bureaucratic structures if they are to succeed for
everyone.
Arguments for government regulation stem from the observation
that government is not the
only source of centralized power about which citizens should be
jealous. Rather, corporations
are also sources of strong centralized power with the potential
to limit our freedom. Accord-
ing to this argument, Americans need to be jealous of both
corporate and government power.
Government, then, has a role to play in making a more fair and
equitable society.
Bureaucracy as Red Tape
The idea that bureaucracy is full of red tape implies that
government cannot deliver goods
and services efficiently. Consider two images: one is a
McDonald’s restaurant and the other is
the U.S. Post Office. In McDonald’s, the goal is to sell as much
fast food as quickly as possible.
Fast food restaurants appeal to customers who do not want to
take the time for a leisurely
meal, but instead want speed at low prices. If customers are
kept waiting in long lines for long
periods of time, they will go elsewhere. Employees are expected
to serve customers efficiently,
or they will lose their jobs. McDonald’s follows the rule of
competition, and when there is
competition, there is greater efficiency.
Customers at a typical post office,
by contrast, may encounter long
lines and be frustrated with the
level of service. Unlike employees
at McDonald’s, who may be termi-
nated without cause, postal work-
ers are protected by civil service
rules. This runs contrary to Taylor’s
principles of scientific manage-
ment, which hold that efficiency
will be accomplished only if man-
agement can control the workforce
through carrots and sticks. A civil
service system removes that con-
trol. Because the Post Office has a
virtual monopoly on mail service,
customers cannot readily go else-
where when they find themselves frustrated with their mail
service. Unlike McDonald’s,
which has the flexibility to locate in areas that will bring high
customer volume, the USPS has
no choice as to who it serves or where its customers live. The
cost of sending a 1-oz. letter is
the same whether that letter is delivered across town or across
time zones. The USPS must
also deliver the mail 6 days a week. Abiding by these federal
rules may contribute to the per-
ception that the USPS is not performing in a fiscally responsible
manner.
Blend Images/SuperStock
Government bureaucracy is intended to be slow and
cumbersome so that individual liberty is protected.
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Summary and Resources
When the Post Office is compared to the McDonald’s restaurant,
it looks inefficient. But the
image of the bureaucracy as red tape extends beyond
inefficiency at the level of line workers.
It also implies that there are too many layers of decision
making, which slow things down
even further. The American cultural traditions of liberty and the
pursuit of happiness in the
marketplace have fueled this ambivalence toward administrative
agencies.
Bureaucracy as Accountability
Political scientist James Q. Wilson (1991) has argued that the
red tape and inefficiency of
the bureaucracy help ensure accountability. Like the American
government, the bureaucracy
is intended to function slowly and in a cumbersome manner in
order to be accountable.
The effect is that the bureaucracy protects individual liberty. If
bureaucrats have to wade
through several layers of red tape, they are forced to explain
and justify their actions. This is
the meaning of governing by written rules. A slow and tedious
process also helps ensure that
the actions that are taken are correct. The layers reinforce an
administrative command, with
authority passing through stages that provide accountability and
thus protect liberty.
Summary and Resources
Chapter Summary
The American bureaucracy is composed of the agencies and
departments of the executive branch
of government. The Framers had not originally addressed the
role of the bureaucracy because
they assumed, first, that the government would be run primarily
by Congress and, second, that
most domestic functions would be performed at the state level.
Over the years, the bureaucracy
has grown because the role of government has expanded. The
bureaucracy is an essential part
of government because it implements policies and programs that
are passed by the political
branches. As such, it is supposed to be politically neutral. But
in the performance of its adminis-
trative function, the bureaucracy does perform a policymaking
and judicial function.
Because the goal of the Good Government movement was to
separate politics from admin-
istration, the spoils system, which was tied to politics, was
replaced by a career civil service
system designed to be immune from popular pressure. This
means that politicians cannot
remove civil servants and that they have little control over what
the bureaucracy does. Presi-
dents have been able to exert some control through the
executive budgeting process, and
Congress has been able to exert some control through the
legislative oversight process. Both
presidents and Congress have sought to ensure that government
is accountable to political
officials, who in turn are held accountable by the voters.
The factor that most helps to maintain accountability might be
the hierarchical structure of the
bureaucracy. Because it is structured on a chain of command
and span of control, the bureau-
cracy cannot act swiftly. Each action must go through several
layers of approval. This system
protects Americans’ individual liberty. Presidents have found
this to be frustrating and have
often sought to circumvent the bureaucracy with appointments
of special czars, which enables
them to run policy from the White House, rather than from
traditional departments. Presidents
may have also opted to circumvent the bureaucracy because iron
triangles and bureaucratic
capture make it more difficult to initiate new programs or
terminate old ones.
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Summary and Resources
Key Ideas to Remember
• The federal bureaucracy can be viewed as the permanent
government whose
responsibility it is to execute the nation’s laws.
• The bureaucracy is made up of two distinct components:
political appointees who
are responsible for making policy, and civil servants who are
responsible for admin-
istering that policy.
• American bureaucracy functions according to the principle
that those who are
responsible for administration should not be subject to popular
pressure.
• The civil service system is predicated on meritocracy, and the
application of scien-
tific principles of management arose to replace the spoils
system. This was seen to
be a step in the direction of efficient and impartial government.
• The chain of command in the American bureaucracy, which is
often labeled “red tape,”
helps ensure accountability and protect individual liberty. Each
actor cannot act with-
out the approval of his or her respective supervisor up the chain
of command.
• The American bureaucracy fulfills all the functions of the
three branches of Ameri-
can government. It effectively makes law by writing rules that
appear in the Code of
Federal Regulations, it executes laws by implementing them,
and it exercises judicial
authority by holding administrative legal proceedings when its
rules are violated.
• There has long been tension between the political branches
and the bureaucracy.
Presidents, in particular, have attempted to control the
bureaucracy through various
budgeting techniques, at times even bypassing the bureaucracy
by running opera-
tions through czars out of the White House.
• Although Congress seeks to control the bureaucracy through
legislative oversight, it
is often involved in an iron triangle relationship with the
bureaucracy and interest
groups that benefit from Congress’s delegation of power.
• Although a complex society requires an administrative state,
Americans generally
oppose active government whereby they distrust government
and its manifestation
in bureaucracy.
Questions to Consider
1. What is administrative neutrality, and why is it so important?
2. How did the bureaucracy evolve from a spoils system to the
civil service system, and
what were the reasons for it?
3. What exactly does the bureaucracy do?
4. If the bureaucracy is, in effect, making policy by plugging in
details and performing a
judicial function by holding administrative hearings, is the
bureaucracy violating the
principle of checks and balances?
5. What are the different methods that the political branches can
employ to control the
bureaucracy?
6. How has the nature of American political culture influenced
the design of bureau-
cracy and the scope of its authority?
7. Does the appointment of policy czars violate checks and
balances? Why or why not?
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The Brownlow Committee report,
leading to a reorganization of the
executive branch, is passed.
1946
Article II of the Constitution is written to include
“he may require the Opinion, in writing, of the
principal Officer in each of the executive
Departments, upon any Subject relating to the
Duties of their respective Offices,” suggesting the
presence of a bureacracy.
1787
President Gar�eld assassinated by a disgruntled
campaign worker expecting a patronage job who
did not receive one.
1881
Progressive Era reformers advance the idea that
government services should be delivered based
on merit.
1890s–1920s
The Brownlow Committee report leading
to a reorganization of the executive branch
is released.
1939
The New Deal period, during which the largest
increase in the size of the bureaucracy in U.S.
history occurs.
1933–1945
First three executive branch departments
(Treasury, State, War) created by Congress.
1789
Congress passes Pendleton Civil Service
Reform Act.
1883
Congress creates Securities and Exchange
Commission.
1934
Congress passes Hatch Act prohibiting
federal employees from participating in
partisan political activity.
1939
1
8
0
0
2
0
1
5
Summary and Resources
Timeline: Bureaucracy
Photo credits (top to bottom): Associated Press, Daniel
Grill/Thinkstock, Zoonar/unknown/Zoonar/Thinkstock,
Everett Collection/SuperStock, Ninuns/iStock/Thinkstock.
The Brownlow Committee report,
leading to a reorganization of the
executive branch, is passed.
1946
Article II of the Constitution is written to include
“he may require the Opinion, in writing, of the
principal Officer in each of the executive
Departments, upon any Subject relating to the
Duties of their respective Offices,” suggesting the
presence of a bureacracy.
1787
President Gar�eld assassinated by a disgruntled
campaign worker expecting a patronage job who
did not receive one.
1881
Progressive Era reformers advance the idea that
government services should be delivered based
on merit.
1890s–1920s
The Brownlow Committee report leading
to a reorganization of the executive branch
is released.
1939
The New Deal period, during which the largest
increase in the size of the bureaucracy in U.S.
history occurs.
1933–1945
First three executive branch departments
(Treasury, State, War) created by Congress.
1789
Congress passes Pendleton Civil Service
Reform Act.
1883
Congress creates Securities and Exchange
Commission.
1934
Congress passes Hatch Act prohibiting
federal employees from participating in
partisan political activity.
1939
1
8
0
0
2
0
1
5
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Summary and Resources
Key Terms
administration The bureaucracy that sup-
ports the president, composed of political
appointees.
Administrative Procedures Act of
1946 Legislation that governs the way that
federal agencies may propose and establish
regulations.
bureaucracy The division of agencies
and departments into sections known as
bureaus.
bureaucratic capture When agencies
are captive to the interests of those they
regulate.
chain of command A hierarchical structure
whereby power and authority flows from
the top down to the bottom.
Civil Service Commission A body created
to oversee and regulate the federal civil
service.
civil service system Those federal employ-
ees who are professionals hired on the basis
of merit.
cost-benefit analysis Evaluating a program
or policy to determine if it is efficient, as
evidenced by the benefits outweighing the
costs.
delegation of authority When Congress
grants power and authority to an execu-
tive branch department or agency to do
something.
government corporation A special entity
set up by government to achieve a public
purpose but that can be independent of
government; it relies on government for
funding.
Hatch Act of 1939 Federal statute that
prohibits civil servants from participating in
partisan political activity.
independent agency An agency that is
independent of both the president and
Congress.
independent regulatory commission A
body, like an independent agency, set up to
regulate something specific.
iron triangle A relationship among mem-
bers of Congress (usually committees in
Congress), executive branch agencies, and
interest groups.
line-item budgeting An incremental bud-
geting technique.
line workers Those workers at the bot-
tom of the bureaucratic hierarchy who may
represent the face of the bureaucracy to the
public.
Pendleton Civil Service Reform Act The
law that ended the spoils system and ush-
ered in the career civil service.
planning program budgeting (PPB) A
type of budgeting where the budget is orga-
nized around specific programs.
span of control When bureaucratic author-
ity is spread out among several units, with
each one performing specific tasks.
spoils system The system of staffing the
government whereby the party that won
office replaced existing bureaucrats with
people who voted for their candidate(s).
zero-base budgeting (ZBB) A budgeting
technique where the budget is organized
around “decision packages” that allow politi-
cians to make budgeting decisions based on
their priorities.
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Summary and Resources
Further Reading
Fry, B. R., & Raadschelders, J. C. N. (2013). Mastering public
administration: From Max Weber to Dwight Waldo
(3rd ed.). Washington, D.C.: CQ Press.
Kettl, D. F., & Fesler, J. W. (2011). The politics of the
administrative process (5th ed.). Washington, D.C.: CQ Press.
Lowi, T. J. (2009). The end of liberalism: The second republic
of the United States (40th anniversary ed.). New York,
NY: W. W. Norton & Co.
Rourke, F. E. (1984). The presidency and the bureaucracy. In
M. Nelson (Ed.), The presidency and the political
system (pp. 437–468). Washington, D.C.: CQ Press.
Weber, M. (1947). The theory of social and economic
organization. (A. M. Henderson Talcott Parsons, Trans.). New
York, NY: Free Press of Glencoe.
Wilson, J. Q. (1991). Bureaucracy: What government agencies
do and why they do it. New York, NY: Basic Books.
Wilson, W. (1887). The study of administration. Political
Science Quarterly, 2(2), 197–222.
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5 The Presidency
Associated Press/Kyodo
Learning Objectives
By the end of this chapter, you should be able to
• Describe the sources of the president’s power and authority.
• Explain the presidential elections process.
• Analyze the difference between a domestic and a foreign
policy president.
• Describe how presidents use their political power.
• Describe the organization of the White House.
• Evaluate the concept of a wartime president.
• Analyze how Congress limits presidential power.
• Analyze the role of presidential character in evaluating
presidents and presidential candidates.
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In March 2011, an alliance of NATO countries, including the
United States, launched air strikes
against Libya in a humanitarian mission to assist rebels fighting
against Libyan strongman
Moammar Gadhafi. NATO, or the North Atlantic Treaty
Organization, is an alliance of
28 countries that agreed to protect each other in case of attack.
In justifying U.S. involvement
in Libya, President Barack Obama insisted that the United
States was part of a broad coalition.
As military operations reached the 3-month point, questions
arose about the legality of Amer-
ican involvement.
The Constitution states that Con-
gress has the authority to declare
war, while it also obligates the
president to serve as commander
in chief of the armed forces. This
obligation has led many presidents
to engage in military acts without
congressional authorization or a
formal declaration of war. President
Obama claimed that his actions
were in accordance with the War
Powers Resolution of 1973, which
requires that the president notify
Congress of the use of force.
Below is an excerpt from the War
Powers Resolution. From Section 2:
The constitutional powers
of the President as Com-
mander-in-Chief to intro-
duce United States Armed
Forces into hostilities, or into situations where imminent
involvement in
hostilities is clearly indicated by the circumstances, are
exercised only pursu-
ant to (1) a declaration of war, (2) specific statutory
authorization, or (3) a
national emergency created by attack upon the United States, its
territories or
possessions, or its armed forces.
From Section 3:
The President in every possible instance shall consult with
Congress before
introducing United States Armed Forces into hostilities or into
situations
where imminent involvement in hostilities is clearly indicated
by the circum-
stances, and after every such introduction shall consult
regularly with the
Congress until United States Armed Forces are no longer
engaged in hostili-
ties or have been removed from such situations.
According to the War Powers Resolution, a president who
dispatches military units for any
reason must notify Congress within 48 hours of doing so.
Congress then has 90 days to either
authorize the operation or demand that the units come home. In
the case of Libya, President
Obama formally notified Congress of the U.S. military’s
participation. However, the speaker
of the House, Republican John Boehner, demanded that the
president explain the mission
© Pete Marovich/ZUMA Press/Corbis
Previous members of President Obama’s administra-
tion, Defense Secretary Robert Gates and Chairman of
the Joint Chiefs of Staff Admiral Mike Mullen, testified
before the House Armed Services Committee on Ameri-
can military operations in Libya on March 31, 2011.
Some congressional members contend that U.S. involve-
ment in this operation violates the War Powers Act.
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Section 5.1 Presidential Constitutional Authority
to Congress and obtain its authorization to continue. The
president insisted that he had no
obligation to seek authorization before launching the air strikes
because these actions were
“hostilities” and not acts of war. This response angered many in
Congress.
As the War Powers Resolution placed the ball in Congress’s
court, the House of Representa-
tives voted down a bill that would authorize the president to
continue American involvement.
The president asserted that the War Powers Resolution was
unconstitutional because it inter-
fered with his commander-in-chief power. This episode raises
questions about how much
authority the president has to make decisions in the commander-
in-chief role as framed by
the Constitution.
In this chapter, we look at the American presidency and how it
has evolved over time. The
Constitution grants the president formal authority that is limited
by Congress. The extent to
which the president has any real power stems from the
relationships that he or she estab-
lishes and cultivates. The Framers did not fully address the
issue of presidential war power
because they were uncertain of what the president would do and
they did not foresee all the
contingencies that might arise that would require the president
to exercise war power.
5.1 Presidential Constitutional Authority
The Framers of the Constitution created a presidency that would
take direction from Con-
gress. The president is given several formal constitutional
powers, most of which are checked
by Congress. Presidential power is intended to be used to
preserve and protect the Constitu-
tion through the president’s expressed and inherent powers.
Expressed powers refers to pow-
ers listed explicitly in the U.S. Constitution. Inherent powers
refers to powers that have been
inferred from language in the U.S. Constitution. Together,
expressed and inherent powers in
the Constitution establish the office of the presidency and give
its occupant the authority to
preserve and protect the Constitution.
Article II of the Constitution establishes executive power and
who may hold it: “The executive
Power shall be vested in a President of the United States of
America.” Article II also establishes
the president’s formal authority, which includes being
commander in chief of the U.S. armed
forces and chief executive. The president also has the authority
to negotiate treaties, nomi-
nate persons for high-level appointed office, veto acts of
Congress, and grant reprieves and
pardons. The language of the Constitution gives the president
the power to make treaties as
long as two thirds of the Senate concurs. This example of
checks and balances is referred to as
“advice and consent” in the U.S. Constitution. The Senate also
has the power to confirm presi-
dential nominations to high-level office. The veto power, which
is the power of the president
to reject bills passed by Congress, is found in Article I.
Authority as Commander in Chief
Article II, Section 2 of the Constitution states, “The President
shall be Commander in Chief of
the Army and Navy of the United States, and of the Militia of
the several States, when called into
the actual Service of the United States.” This means that the
president must authorize any use
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Section 5.1 Presidential Constitutional Authority
of force by the military. It does not mean that he or she will
personally lead troops into battle
like a medieval European king. The requirement that presidents
authorize the use of force
establishes the sacred principle of civilian control of the armed
forces. If the military estab-
lishment were equal in power to other institutions, it could
easily overthrow the civilian gov-
ernment and thus upend one of the hallmarks of modern
democratic governance, the peace-
ful transfer of power.
Civilian control, at least in the early
days of the American republic, was
ensured by the absence of large
standing armies. In fact, the Consti-
tution mentions an army and navy
only because these were the only
two branches of the military that
existed when it was written. They
were separate departments, and
each was equal to the other. The
secretary of war and the secretary
of navy both sat in the president’s
Cabinet.
Today’s Cabinet includes a single
secretary of defense, but that posi-
tion was not created until after
World War II, with the passage of
the 1947 National Defense Act,
the law that created a unified Defense Department. Until that
global conflict, the United States
called state militia—what are known today as National Guard
units—into national service.
Much of the American fighting forces are still made up of
National Guard units. They were
called up in 2001 when the nation went into Afghanistan, and
again in 2003 when it went
into Iraq. Militia members of these units are normally under the
command of their respective
governors, but once called, they are under the command of the
president.
Use of the state militias for national service was formally
adopted with the Militia Act of 1792,
which gave the president the authority, in the event or threat of
an invasion, to call into ser-
vice as many troops from state militia as would be needed to
repel the invasion. The president
would be able to call upon those militia companies that would
be “most convenient to the
place of danger or scene of action.” This meant that if the
country were invaded off the shore
of Maine, the president could call on militia companies in
Maine, Vermont, New Hampshire,
and Massachusetts. Because they would be close to the place of
invasion, they could respond
quickly. This would also give the states a role in defending the
nation. Instead of having to
build national bases in all the states to house a standing army,
the army would be formed as
needed. Less than a week after the Militia Act was passed,
Congress passed a second Militia
Act of 1792, which required each able-bodied white male
citizen between the ages of 18 and
45 to enroll in the militia of his respective state.
The organization of the country’s military forces fundamentally
changed in the 20th century.
In 1903, Congress passed legislation to organize the various
state militias into the current
National Guard system, which was to be administered jointly by
the National Guard Bureau
Associated Press/Pablo Martinez Monsivais
President Obama speaks to U.S. troops in Afghanistan.
Article II, Section 2 of the Constitution specifically
establishes that the president is the commander in
chief of the armed forces.
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Section 5.1 Presidential Constitutional Authority
and the U.S. Department of Defense. With passage of the 1916
National Defense Act, approxi-
mately one half of the U.S. Army’s available combat forces and
approximately one third of its
support organizations were National Guard units.
To call the militia into service during a time of crisis is to rely
on civilian defense and to
democratize the sense of sacrifice, a concept that still resonates
today. As an example, when
the United States went to war with Iraq in 1991, it amassed
around 500,000 troops on Iraq’s
border. Most of these troops were taken from state National
Guard units. The United States
certainly could have used its professional national army, but by
calling on state units, the
president gave all citizens a stake in the outcome.
Authority to Pardon
Article II, Section 2 also grants the president the authority to
issue pardons. The president
“shall have Power to grant Reprieves and Pardons for Offenses
against the United States, except
in cases of Impeachment.” This would seem to suggest that the
president can pardon anyone
who has committed a federal crime.
Presidents may pardon convicted criminals who have already
served part of their prison sen-
tence. The president might issue a partial pardon, which often
amounts to a commutation
of a sentence, or pardon somebody who has long been a fugitive
from justice. President Bill
Clinton, for example, pardoned Marc Rich, a financier charged
with evading $48 million in
taxes and committing more than 50 counts of fraud. Rich had
fled the country and was living
in Switzerland at the time of his indictment.
As another example, in 1974 President Gerald Ford issued a full
pardon to Richard Nixon for
Nixon’s role in the Watergate cover-up, which meant that the
former president could never be
charged for crimes related to Watergate. The Nixon pardon was
viewed as an attempt to heal
a badly divided nation and move forward.
A president does not usually decide on pardons by him- or
herself. Most of the time, he or
she does not know the person being pardoned. Rather,
somebody may apply for a pardon, in
which case White House lawyers and the Justice Department
study the matter and make a
recommendation.
Veto Authority
As a check on the power of the legislative branch, the
Constitution gives the president the
authority to veto bills passed by Congress. One potential
consequence of vetoes is that they
might invite Congress to respond, if Congress has the votes, by
overriding the veto. An over-
ride is often seen as a political defeat for a president. Overrides
are rare; only 7% of all vetoes
have been overridden since the beginning of the republic.
When the president vetoes a bill, the president must veto the
entire bill and not parts of it; the
U.S. Constitution does not provide for what is called a line-item
veto. Congress gave Presi-
dent Bill Clinton the line-item veto with the Line Item Veto Act
of 1996. The law was soon
overturned by the Supreme Court in Clinton v. City of New
York (1998). The Supreme Court
fin82797_05_c05_107-132.indd 111 3/24/16 1:42 PM
© 2016 Bridgepoint Education, Inc. All rights reserved. Not for
resale or redistribution.
Section 5.2 Presidential Elections
struck down the law because the act violates the Presentment
Clause (Article I, Section 7),
which requires that bills passed by both houses of Congress be
presented to the president
for his or her signature. In essence, the Presentment Clause
outlines the legislative process,
which the Supreme Court argued was violated by giving the
president the line-item veto.
Treaty Making and Effective War-Making Authority
Section 2 also says that the president “shall have Power, by and
with the Advice and Consent of
the Senate, to make Treaties, provided two thirds of the
Senators present concur.” This means
that the president can make treaties with other countries, but
they are not binding on future
governments unless they are ratified by the U.S. Senate. A
president may negotiate a treaty to
end a war, but the Senate may opt not to ratify it.
In the aftermath of World War I
(1914–1918), President Woodrow
Wilson sought to make the United
States a signatory to the Versailles
Treaty, which was the agreement
that effectively ended the war. Part
of the treaty was a call for the for-
mation of a new League of Nations,
an intergovernmental organiza-
tion that would foster peace and
international disarmament. Wilson
wanted the United States to join
this league, but some members of
Congress believed that it could lead
to U.S. involvement in conflicts that
Executive Branch Bureaucracy Explained
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Executive Branch Bureaucracy Explained

  • 1. 6 The Executive Branch © Andrew Gombert/epa/Corbis Learning Objectives By the end of this chapter, you should be able to • Describe the history and evolution of the federal bureaucracy. • Analyze the differences between political and civil service administration. • Describe the rise of the civil service system. • Describe the essential functions of bureaucracy. • Analyze differences between various types of agencies and departments within the bureaucracy. • Describe how the political branches of government attempt to control the bureaucracy and ensure accountability. • Evaluate the relationship among bureaucracy, Congress, and interest groups. • Analyze the relationship between the nature and structure of American bureaucracy and Ameri- can political culture. fin82797_06_c06_133-160.indd 133 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution.
  • 2. Section 6.1 Components of the Federal Bureaucracy Upon taking office in January 2009, President Obama appointed several “czars,” White House counselors tasked with particular policy responsibilities, to oversee several policy areas. Crit- ics charged that the president was attempting to circumvent the bureaucratic process by run- ning things from the White House, rather than through the traditional executive branch departments. Critics also charged that by appointing czars who would work in the White House, rather than as assistant secretaries in the various departments, the president was avoiding the appointment process, which requires Senate confirmation. President Obama’s actions were viewed as an attempt to avoid legislative oversight, as these czars could not eas- ily be summoned to testify before Congress, nor could the products of their work be subjected to the Freedom of Information Act. The roots of the czar concept lie in the 1939 Brownlow Commit- tee report, which brought about a reorganization of the executive branch that included the creation of the Executive Office of the Presi- dent (EOP), which led to a greater concentration of policymaking and oversight of agencies and White House departments. Presidents with active policy agen- das often believe they can achieve
  • 3. better results if they do not have to rely on a large federal bureaucracy. Although the president is both chief executive and chief operating offi- cer of the executive branch, the fed- eral government is a vast organiza- tion of several million employees, many of whom are protected by certain rules. A president can control his or her advisors in the White House because they serve at his or her pleasure, but he or she has no such author- ity over the bureaucracy. While the president can remove department and agency appointees, there are often political consequences to doing so. To be successful with Congress, presidents need the bureaucracy to implement their policy agendas. In this chapter, we look at the bureaucracy. We examine the concept of a bureaucracy, how it developed in the United States, what it does, and how it is held accountable to the public. 6.1 Components of the Federal Bureaucracy The federal bureaucracy is the structure of administrative agencies and departments in the executive branch that is responsible for delivering public goods and services. For instance, the Social Security Administration delivers retirement funds to older adults. The bureaucracy is also responsible for implementing laws. While Congress and the president establish intent to do something by enacting legislation, the bureaucracy must make it happen. As an example, both houses of Congress passed the Affordable Care Act in
  • 4. 2010, and the president enacted Associated Press President Obama appointed Carol Browner his energy czar in October 2009. The office was abolished in 2011. Presidents appoint czars for the sake of having more policy control concentrated in the White House. fin82797_06_c06_133-160.indd 134 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.1 Components of the Federal Bureaucracy it into law by signing the legislation. Yet the responsibility for implementing the law belongs to the Department of Health and Human Services (HHS), an executive branch Cabinet-level department through the delegation of authority, which was briefly discussed in Chapter 4. Delegation of authority occurs when Congress grants authority to an executive branch depart- ment or agency for a specific task. (Authority for this particular law is also delegated to state governments, as they are responsible for implementing various features of the law.) The fed- eral bureaucracy is the part of the government responsible for implementing laws passed by the president and Congress, and, as appropriate, executive orders signed by the president and case law as determined by Supreme Court decisions. The nature and magnitude of the execu-
  • 5. tive branch’s implementation authority has resulted in a large and complex bureaucracy that includes Cabinet-level departments (discussed in Chapter 5) and several other agencies and offices responsible for implementing the law. The work of the federal government must be well organized in order to ensure that the will of the people, as reflected by congressional, presidential, and judicial actions, is carried out. Yet the magnitude of the work warrants a complex network of offices and agencies to fulfill their responsibilities. Defining Bureaucracy The term bureaucracy comes from the French term bureau, meaning department. Today we use the term to mean the breaking down of administration into departments that have a spe- cific purpose. The federal bureaucracy is structured to carry out the law in a politically neu- tral fashion. A large number of government employees function outside the political realm and are not hired or fired based on election results. The purpose of the bureaucracy is to establish an administrative framework to implement the decisions made through the political process. Successful bureaucracies are often organized accord- ing to principles first articulated by sociologist Max Weber. Weber (1947) suggested that a bureaucracy was the highest form of efficient administrative struc- ture in that it was organized to achieve a set of objec- tives at the least cost. The characteristics that Weber associated with bureaucracy are that it is based on
  • 6. principles of full and official jurisdictional areas and a division of labor. Bureaucracies are also ordered by rules, laws, or administrative regulation, which ensure that it will not operate in an arbitrary manner. The regular activities of the bureaucracy are distributed in the form of official duties, while the bureaucracy has the authority to give commands based on rules. Addi- tionally, a bureaucracy has provisions for the regular and continuous fulfillment of officials’ stated duties, and only those possessing generally regulated qualifi- cations are to be employed. These principles are found in the modern Ameri- can bureaucracy, especially in the requirement that executive branch functions are based on written Fine Art Images/SuperStock Sociologist Max Weber suggested that a bureaucracy is the highest form of efficiency. fin82797_06_c06_133-160.indd 135 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.1 Components of the Federal Bureaucracy documents. Positions are legally defined, officials normally hold a form of tenure, and the salaries are based on status, or some type of rank within the organization. The bureaucracy allows the executive branch to divide administrative
  • 7. responsibilities based on specialization, and it allows specialists in particular areas to perform their functions according to objective criteria. Thus, bureaucrats seek to accomplish objectives set forth in legislation enacted by political figures. It is not bureaucrats’ responsibility to get involved with questions of whether those objectives are necessarily good, as those are considerations for elected officials. Political Appointments Versus Career Civil Service System The bureaucracy is made up of two distinct components: the political administration and the civil service system. The administration refers to the bureaucracy that supports the president. The civil service system refers to those federal employees who are profession- als hired on the basis of merit. Whereas the civil service system is viewed as the permanent government, the political administration is viewed as a temporary government, because it is mostly replaced when a new president takes office. Each president’s political administration is composed of his or her immediate White House staff, his or her Cabinet, and the political appointees who staff various agencies and departments. As an example, in the State Depart- ment, there is a secretary of state and several assistant secretaries. Each assistant secretary is responsible for a specific policy or programmatic area, such as the assistant secretary for European affairs and the assistant secretary for East Asia. Political appointees in the admin- istration also include the various ambassadors stationed abroad. Each embassy around the
  • 8. world has an ambassador and several counselors who are also political appointees. Below the political appointees are members of the civil service system, and in the case of the State Department, the civil servants are members of the Foreign Service corps. The key differences between political appointees and civil servants are the method by which they obtain their jobs, the nature of their loyalties, and the tenure of their offices. Political appointees are appointed by the president and confirmed by the Senate. Their loyalty is to the president, who can have them removed from office. Civil servants are hired by the U.S. Office of Personnel Management, and they are chosen on the basis of merit. Individuals going into the civil service often start out in entry-level positions and may work their way up the bureaucratic ladder to more senior-level management positions, which explains why, in part, these persons are often referred to as career civil servants. Civil servants are supposed to be loyal to their agencies and dedicated to the neutral delivery of public goods and services. Civil servants are governed by the Hatch Act of 1939, which is a law prohibiting federal employees from participating in partisan political activity. The Hatch Act was an outgrowth of a long tradition of civil service reform. Named after Senator Carl Hatch of New Mexico, it was a specific response to allegations that employees of the Work Progress Administration, a New Deal program, were used by Democratic politicians in the 1938 congressional campaign. The Hatch Act specifically
  • 9. prohibits intimidation or bribery of voters and restricts political campaign activities by federal employees. Federal employees below the policymaking level are not permitted to have “any active part” in a political cam- paign and are prohibited from using any public funds for electoral purposes. Additionally, civil servants are prohibited from promising jobs, promotion, financial assistance, contracts, or any other benefit as a way to coerce campaign contributions or political support. In practi- cal terms, this means that a political administrator may attend a fundraiser for members of fin82797_06_c06_133-160.indd 136 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.2 The Rise of the Civil Service System the president’s political party, but a civil servant may not. While civil servants are permitted to vote, like any other citizen, they may not campaign for political candidates. The Hatch Act also prohibits federal employees from being members of “any political organi- zation which advocates the overthrow of our constitutional form of government.” This has been interpreted to preclude membership in the Communist Party. Politics Versus Public Administration
  • 10. The federal bureaucracy is structured on the principle that politics should not play a role in the execution of government functions. The reason for the separa- tion is to maintain accountability, transparency, and neutrality. In the 1880s, political scientist Woodrow Wilson, who would later become president, put forth the classical model of public administration. Propos- ing a strong executive who would also be accountable, Wilson argued that public administration should be separate from political and policy concerns. Rather, public administration should be concerned solely with the “detailed and systematic execution of pub- lic law” (Wilson, 1887). Law and policies are made by elected officials, who are held accountable by vot- ers at the ballot box. If the public is unhappy with the policy choices made by elected officials, it can always vote them out of office. The role of the bureaucracy is to implement those policies. Wilson specifically called for a set of principles to guide administrators in the efficient performance of their duties. Consider for a moment members of Congress who need to raise money for their reelection. It would not be out of the ordinary for wealthy contributors to have greater access to these elected officials and a greater chance of being listened to than would ordinary voters. But we would not want a civil service system to give preference to rich people or to Republicans over Democrats in the delivery of benefits such as Social Security payments. The point of the sepa- ration is to ensure that delivery of public goods and services will happen on an impartial and equal basis. Civil service, then, requires an intricate set of procedures and rules that must be
  • 11. followed so that the delivery of services will, in fact, be impartial and professional. 6.2 The Rise of the Civil Service System The modern civil service system is an outgrowth of the Progressive Era (1890s–1920s), when social and government reformers sought to deliver governmental services on the basis of merit. The idea of a neutral, nonpartisan, and impartial civil service system was revolution- ary. Prior to the civil service system, people obtained government employment through polit- ical connections, also known as the spoils system. Library of Congress Woodrow Wilson argued that admin- istration should be separate from political and policy concerns. fin82797_06_c06_133-160.indd 137 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.2 The Rise of the Civil Service System The Spoils System Under the spoils system, the political party that won office would be able to staff the govern- ment. Newly elected persons would replace those working for the government with new
  • 12. employees who were loyal to them. This was, quite literally, a system of “to the victor go the spoils.” This meant that no one could be assured of long-term government employment, and workers were subject to being fired when their patron either left office or was defeated in an election. Workers did not necessarily have to be qualified for their jobs; they only needed to be loyal to the person who hired them. It would not be uncommon, for instance, for a local postal worker to be replaced after a presidential election. President Andrew Jackson first used the spoils system to reward people who voted for him. Following Jack- son’s inauguration as president in 1829, about 20% of the federal workforce, mostly in the Post Office, was replaced. Despite attempts by administration officials to justify personnel changes, it became evident that the sole criterion for employment was loyalty to Jackson. Ironically, the spoils system reflected Jackson’s revolu- tionary democratic spirit. Government was supposed to belong to the people. By that standard, it should be staffed by ordinary citizens, not technical experts. But the problem with this system was uneven delivery of services. As an example, a mail carrier whose loyalty was to Jackson and his Democratic Party might be less inclined to deliver mail with the same frequency or care to those areas that supported Jackson’s oppo- nents. Subsequent presidents continued to use the spoils system to encourage people to vote for them. The spoils system was problematic for various other reasons. One of the legacies of the American Revolution was a deep-seated distrust of centralized power, which meant that Americans had a very negative view of gov-
  • 13. ernment. For more than a century after the Constitu- tion was ratified, the most desirable government was the one that governed least. A government staffed by experts or elites might be unaccountable to the public. In Europe, it was considered a matter of prestige to be a civil servant. But in those European societies, one who served the public did not necessarily need to be accountable for the simple reason that civil servants had expertise while the public did not. Jacksonian democ- racy, by contrast, was built on the premise that the common man should govern. Moreover, at the federal level, there was not much for government workers to do. It was only as governmen- tal operations became more complex that there would be a greater need for professionalism. The Good Government Reform Movement The Good Government Reform movement sprang from the Progressive Era of the late 19th and early 20th centuries. There were efforts at the national level to eliminate the spoils system and replace it with a professional civil service system as early as 1865. © Bettmann/Corbis This cartoon alludes to the fact that Andrew Jackson was closely associ- ated with the spoils system. He used it to reward people who voted for him. fin82797_06_c06_133-160.indd 138 3/24/16 1:47 PM
  • 14. © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.2 The Rise of the Civil Service System The reforms that did lead to the modern administrative state actually began at the local level. In cities such as New York around the turn of the 20th century, local party leaders would typi- cally offer patronage to immigrants. They would go to the docks to greet new arrivals with offers of employment and assistance to find housing and other needs. Often, the party leader would own a construction company that held building contracts with the city. Meanwhile, these party leaders controlled party nominations, and they could help guarantee that their people would be elected by delivering the support and votes of their immigrant employees. In exchange for jobs, these party leaders would request that employees support their candidates. Elected city leaders owed something to these party leaders who put them there, and they paid that debt with construction contracts. The spoils system also allowed local party leaders to reward their loyal followers with jobs in the local bureaucracy. Irish immigrants and their descendants, for instance, staffed many police departments. As a result, many elites believed that they were being displaced. The only way they could see to reclaim what they considered to be their lost and rightful positions of
  • 15. employment was to choose employees based on merit. In other words, by changing the rules of the game, more educated elites could displace those whose only qualification was their loyalty. Reformers sought greater efficiency and equity in the delivery of local governmental services by pushing to require workers to take and pass qualifying exams. At the federal level, the impetus for replacing the spoils system was the 1881 assassination of Presi- dent James Garfield, who was shot by a disgruntled campaign worker whose repeated requests for a job through the spoils system had been rejected. Garfield’s successor, Chester Arthur, had no interest in continuing with a system that he thought resulted in the death of his predecessor, so in 1883 Con- gress passed, and President Arthur signed, the Pendleton Civil Ser- vice Reform Act. Sponsored by Senator George Pendleton of Ohio, this act sought to do away with the spoils system by creating the United States Civil Service Com- mission to run the federal civil ser- vice. Under the new law, applicants for certain jobs would be required to take a civil service exam. Hiring would be based on qualifications and merit, and elected officials and political appointees would no longer be able to fire civil servants. This removed civil servants from the influences of political patronage and partisan behavior.
  • 16. © Bettmann/Corbis After President James Garfield was assassinated by a campaign worker seeking a federal job in exchange for his efforts to get Garfield elected, Garfield’s successor, President Chester Arthur, signed a law to eliminate the spoils system. fin82797_06_c06_133-160.indd 139 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.2 The Rise of the Civil Service System Efficiency A civil service system based on meritocracy was supposed to achieve efficiency in the delivery of public goods and services, and with the professionalization of the bureaucracy came the idea that government should be run according to scientific principles of management, which apply business techniques to the public sector and to administrative management. These principles refer to a division of labor and specialization, or the effort to identify the tasks nec- essary to accomplish an objective and the grouping and coordination of those tasks to maxi- mize organizational efficiency (see Figure 6.1 to see how this works in the U.S. government). Frederick Winslow Taylor is often viewed as the father of
  • 17. scientific management. Taylor was concerned with how management could take otherwise lazy workers and use “carrots and sticks” to turn them into efficient and productive ones. If good management in private indus- try could achieve efficiency in the production and distribution of goods and services in the marketplace, then good management in government could achieve efficiency in the delivery of public goods and services. Efficiency, in simple terms, means producing goods for less cost. Efficiency in public service delivery could be improved if those responsible for their delivery were not bogged down in politics. Efficiency could also be achieved if public goods were delivered evenly and impar- tially. Yet efficiency would be harder to measure in government than in private industry. As an example, if a major automobile manufacturer introduces a new car model, its cost effective- ness can be measured by tallying up the revenues earned through sales and comparing them with the costs of production. But there would be no way to measure the cost effectiveness of, for example, maintaining national parks. The value of people’s enjoyment of the beauty of national parks may be priceless. Even if there are revenues derived from entrance fees, they might not exceed the costs of maintaining the parks, which would be deemed inefficient in the business world. A government bureaucracy cannot always apply marketplace efficiency to the public sector. The role of the bureaucracy is to serve the public interest. Still,
  • 18. it is not uncommon to criticize the federal bureaucracy for being inefficient. Because civil servants are immune from poli- tics and almost impossible to fire, elected officials cannot easily control the workings of the government. Similarly, the political appointees who head agencies, unlike managers in the private sector, have no real power to remove workers perceived to be inefficient. Meritocracy and the Division of Labor American bureaucracy is built on the twin concepts that individuals should be hired because of their abilities to perform certain tasks, and that the bureaucracy itself is organized accord- ing to function. In the State Department, for instance, there is a division for Economic, Energy, and Agricultural Affairs; a division for Political Affairs; and a division for Arms Control and International Security Affairs, just to name a few. The State Department performs many func- tions. If the same individuals had to perform them all, they would spread themselves thin across the department. Division of labor allows individuals to specialize and become expert in something specific, allowing for greater efficiency. Figure 6.1: The government of the United States The U.S. government is formally organized to achieve efficiency. Business techniques are applied in managing various departments. From The United States Government Manual (p. 21), by R. A. Mosley & A. C. Thomas, 2009, Washington, D.C.: U.S.
  • 19. Government Printing Office fin82797_06_c06_133-160.indd 140 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.2 The Rise of the Civil Service System Efficiency A civil service system based on meritocracy was supposed to achieve efficiency in the delivery of public goods and services, and with the professionalization of the bureaucracy came the idea that government should be run according to scientific principles of management, which apply business techniques to the public sector and to administrative management. These principles refer to a division of labor and specialization, or the effort to identify the tasks nec- essary to accomplish an objective and the grouping and coordination of those tasks to maxi- mize organizational efficiency (see Figure 6.1 to see how this works in the U.S. government). Frederick Winslow Taylor is often viewed as the father of scientific management. Taylor was concerned with how management could take otherwise lazy workers and use “carrots and sticks” to turn them into efficient and productive ones. If good management in private indus- try could achieve efficiency in the production and distribution
  • 20. of goods and services in the marketplace, then good management in government could achieve efficiency in the delivery of public goods and services. Efficiency, in simple terms, means producing goods for less cost. Efficiency in public service delivery could be improved if those responsible for their delivery were not bogged down in politics. Efficiency could also be achieved if public goods were delivered evenly and impar- tially. Yet efficiency would be harder to measure in government than in private industry. As an example, if a major automobile manufacturer introduces a new car model, its cost effective- ness can be measured by tallying up the revenues earned through sales and comparing them with the costs of production. But there would be no way to measure the cost effectiveness of, for example, maintaining national parks. The value of people’s enjoyment of the beauty of national parks may be priceless. Even if there are revenues derived from entrance fees, they might not exceed the costs of maintaining the parks, which would be deemed inefficient in the business world. A government bureaucracy cannot always apply marketplace efficiency to the public sector. The role of the bureaucracy is to serve the public interest. Still, it is not uncommon to criticize the federal bureaucracy for being inefficient. Because civil servants are immune from poli- tics and almost impossible to fire, elected officials cannot easily control the workings of the government. Similarly, the political appointees who head
  • 21. agencies, unlike managers in the private sector, have no real power to remove workers perceived to be inefficient. Meritocracy and the Division of Labor American bureaucracy is built on the twin concepts that individuals should be hired because of their abilities to perform certain tasks, and that the bureaucracy itself is organized accord- ing to function. In the State Department, for instance, there is a division for Economic, Energy, and Agricultural Affairs; a division for Political Affairs; and a division for Arms Control and International Security Affairs, just to name a few. The State Department performs many func- tions. If the same individuals had to perform them all, they would spread themselves thin across the department. Division of labor allows individuals to specialize and become expert in something specific, allowing for greater efficiency. Figure 6.1: The government of the United States The U.S. government is formally organized to achieve efficiency. Business techniques are applied in managing various departments. From The United States Government Manual (p. 21), by R. A. Mosley & A. C. Thomas, 2009, Washington, D.C.: U.S. Government Printing Office fin82797_06_c06_133-160.indd 141 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for
  • 22. resale or redistribution. Section 6.3 What Do Bureaucrats Do? Along with this division of labor go two principles that underpin bureaucracy generally, and American bureaucracy in particular: chain of command and span of control. Chain of com- mand refers to the hierarchical nature of the bureaucracy. A department secretary oversees undersecretaries, who oversee assistant secretaries, who oversee division supervisors, who oversee assistant supervisors, who oversee mid-level managers, who oversee subordinates beneath them, and all the way down to the lowest level in the organization. The span of con- trol refers to authority that a particular supervisor might have over subordinates in several units. When the chain of command and span of control are put together, the structure of the bureaucracy resembles a pyramid with the head of a department at the top and line work- ers at the bottom. The line workers are those, like caseworkers in a welfare office or cus- tomer service staff in a Social Security office, who are essentially the public face of the federal bureaucracy for those who need their services. 6.3 What Do Bureaucrats Do? In simple terms, bureaucrats take orders from those above them and give orders to those below in order to administer programs and deliver public goods and services. In the spirit of
  • 23. separating public administration from politics, bureaucrats implement policies and adminis- ter programs created by elected public officials. Implement Laws, Policies, and Programs The bureaucracy, as the organiza- tional form of the executive branch, “executes” laws and policies passed by the legislative branch. As such, much of the bureaucracy is devoted to regulating individual and group behavior. If Congress passes and the president signs a new tax on millionaires, the agency or depart- ment responsible for collecting those taxes is the Internal Revenue Service (IRS), which is part of the U.S. Treasury Department. The IRS monitors individuals’ incomes and the taxes they pay through report- ing requirements. Because the IRS has the authority to enforce the existing federal tax code, individuals are required to file annual tax returns, and the IRS can audit those suspected of cheating. If individuals do not submit the taxes they owe at the end of the year, the IRS can collect them by putting a lien on an individual’s wages. It can also enforce collections by initiating judicial proceedings against those suspected of tax evasion. © Seth Perlman/AP/Corbis Internal Revenue Service (IRS) employees sift through
  • 24. tax returns at an IRS tax form processing center. As part of the bureaucracy of the executive branch, the IRS enforces policy that has been passed by Congress and signed by the president. fin82797_06_c06_133-160.indd 142 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.3 What Do Bureaucrats Do? All these activities are examples of an agency implementing laws that Congress passed and that, by extension, reflect the will of the people. The bureaucracy also includes FBI agents who inves- tigate crimes and federal prosecutors who suspect criminals on behalf of the FBI, workers who deliver the mail, physicians in veterans hospitals, caseworkers who process applications for public assistance, analysts in the Department of Labor who report on monthly unemployment figures, and scientists in the National Institutes of Health (NIH) who look for cures for cancer or in the National Aeronautics and Space Administration (NASA) who manage space exploration. Make Laws Through Rule-Making In theory, the bureaucracy does not make laws, as only Congress has the authority to do so. In reality, though, the bureaucracy makes law through its rule- making function. Once Congress passes a law, the bureaucracy sets the rules for how that law
  • 25. will be implemented, in essence filling in the details. These rules are usually published in the Code of Federal Regulations (CFR) and may also appear in the Federal Register. Published rules are considered by the courts to be as legally binding as statutory law—law made by Congress—provided that they are a reasonable interpretation of the underlying statute. The bureaucracy thus establishes a written record of what it does and makes it publicly available. Adjudicate Decisions and Disputes The bureaucracy also exercises a degree of judicial authority through its administrative adju- dication function. When an agency writes rules for how people can receive benefits, it also establishes procedures for how benefits can be terminated. The Administrative Procedures Act of 1946 has adjudicatory requirements that apply when an agency’s statutes require that an order—not an agency rule—be issued. The order is “to be determined on the record after opportunity for an agency hearing.” The result is that such proceedings are to be conducted in a fashion similar to a court. Proceedings are presided over by impartial administrative law judges who are appointed by the agency with the approval of the Office of Personnel Management. Administrative law pro- ceedings include oral hearings and cross-examination of witnesses and are fully recorded along with documentary evidence. An administrative law judge makes an “initial decision” that is final unless it is appealed to the head of the agency. An
  • 26. agency head can also make a decision after receiving a recommendation from the administrative law judge. Still, courts can review the decisions of agencies, but they are likely to overturn decisions only if they do not conform with the procedural requirements of the Administrative Procedures Act and other statutes. Or they may overturn a decision if they find that an agency’s “action, findings, and conclusions” are not supported by substantial evidence. The bureaucracy in effect acts like a court, and what occurs is an administrative hearing. Sup- pose, for example, that the Department of Health and Human Services (HHS) decides to ter- minate a recipient’s benefits because that person failed to abide by the rules. Suppose the specific rule required that the person report to a work site for a minimum of 20 hours a week, and he failed to do this. HHS, of course, justifies its actions by pointing to the rules in the Federal Register. Still, the recipient is a citizen and has rights, so he appeals the termination fin82797_06_c06_133-160.indd 143 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.4 Types of Bureaucratic Departments of benefits decision. He presents his case to a panel in HHS that will hear and adjudicate the appeal. The judicial power of the bureaucracy is referred to as
  • 27. agency adjudication, and it occurs when someone has violated agency rules. If the recipient who loses benefits is not satisfied with the result of the hearing, he can always appeal the results to an actual court. 6.4 Types of Bureaucratic Departments The federal bureaucracy is made up of several types of organizations, and the president, at least at the political level, makes different types of appointments to each organization. Most Americans are familiar with the traditional Cabinet departments such as Justice, Treasury, and State. But there are also independent agencies, independent regulatory commissions, and government corporations. Each of these types of organizations has layers of political appoin- tees and civil servants. The Cabinet The 15 Cabinet departments, listed in Table 6.1, comprise about 60% of the federal workforce. These departments generally fall into three categories, although some departments could be classified in more than one category. These categories include functional, clientele, and geo- graphic. Regardless of type, each Cabinet department is further divided into various smaller units, such as bureaus, divisions, or offices. Much of the work gets done in these smaller units. Independent Agencies An independent agency is a federal body that is independent of
  • 28. both the president and Con- gress. Congress creates the agency and the president appoints people to it, but after that nei- ther Congress nor the president has much control. That is the idea: to have an agency that can oversee a specific policy or program function without being subject to political pressures. At the same time, independent agencies are subject to oversight, as they can be called to testify at congressional hearings. The Federal Reserve Board, or “the Fed,” which regulates banks and the money sup- ply, is an example of an independent agency. The president appoints a chair for a period of 4 years, and people who are known as “governors” (not actual elected state gov- ernors) for 14-year terms. Once they are in place, governors may be removed by the president for cause. Although Congress regularly calls the Fed chair to testify, it has no authority over the agency short of rewriting the legislation that created it in the first place. Associated Press/J. Scott Applewhite Federal Reserve Chair Janet Yellen was nomi- nated by President Obama in 2014 for a 4-year term. The Federal Reserve Board chair serves as part of the president’s administration but makes decisions independent of executive oversight. fin82797_06_c06_133-160.indd 144 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for
  • 29. resale or redistribution. Section 6.4 Types of Bureaucratic Departments Table 6.1: Cabinet departments Department Function Date of creation Department of State (DOS) Handles foreign policy and rep- resents the nation abroad 1789 Department of the Treasury Manages taxes, revenue, and sometimes broader economic policy 1789 Department of the Interior (DOI) Maintains national parks and other public lands (most of the nation’s parks are in the West) 1849 Department of Agriculture (USDA) Serves the interests of farmers 1862 Department of Justice (DOJ) Enforces federal law and pros- ecutes criminal violations of it 1870
  • 30. Department of Commerce Serves the interests of businesses 1903 Department of Labor (DOL) Helps American workers by improving working condi- tions, addressing job training, minimum wage, employment discrimination, and unemploy- ment insurance 1913 Department of Defense (DOD) Coordinates the nation’s defense 1947 (The Department of Defense was originally created as the Department of War in 1789 and renamed in 1947 as the Department of Defense.) Department of Health and Human Services (HHS) Helps low-income individuals access free or low-cost health services and affordable housing 1953 (The Department of Health and Human Services was origi- nally the Department of Health Education and Welfare. The Department of Education was created as a separate department in 1979.)
  • 31. Department of Housing and Urban Development (HUD) Improves and develops the nation’s communities and enforces fair housing laws 1965 Department of Transportation (DOT) Ensures a fast, safe, efficient, accessible, and convenient trans- portation system 1966 Department of Energy (DOE) Advances the national energy security 1977 Department of Education (ED) Promotes educational quality and equal access to education 1979 Department of Veterans Affairs (VA) Administers benefit programs for veterans, their families, and their survivors
  • 32. 1989 Data from “The Executive Branch,” by The White House, 2015(http://www.whitehouse.gov/our-government/executive- branch). fin82797_06_c06_133-160.indd 145 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. http://www.whitehouse.gov/our-government/executive-branch Section 6.4 Types of Bureaucratic Departments Independent Regulatory Commission An independent regulatory commission is like an independent agency with a narrow focus and specific function. Examples include the Securities and Exchange Commission, which regulates trading activity on Wall Street; the Federal Elections Commission, which regulates campaign and election activity; the Interstate Commerce Commission, which regulates the movement of goods across state lines; and the Federal Communications Commission, which regulates interstate and international radio, television, wire, satellite, and cable communica- tions as well as telephone companies, including wireless service providers. If regulation were handled by Congress, it might not happen at all, and it certainly would not happen evenly. Likewise, if the Federal Election Commission
  • 33. were subject to traditional exec- utive branch control, it might hesitate to investigate illegal presidential campaign contribu- tions because the recipient of those contributions might well now be the president oversee- ing the commission. Immunity from political pressures and from arbitrary removal enables an independent regulatory commission to do its job. Government Corporations A government corporation is a legal entity created to exercise some of the powers of the government. It is either wholly owned or partially owned by the government and is often structured as a nonprofit organization. However, it is not entirely part of the federal bureau- cracy. Government corporations are intended to serve a valued public purpose while main- taining a degree of independence. An example is the U.S. Postal Service (USPS), whose mis- sion appears below: The Postal Service shall have as its basic function the obligation to provide postal services to bind the Nation together through the personal, educational, literary, and business correspondence of the people. It shall provide prompt, reliable, and efficient services to patrons in all areas and shall render postal services to all communities. The USPS is required, by statute, to provide the same services to all Americans, such as deliv- ering first-class mail at the same price no matter where they live
  • 34. or the actual cost of deliver- ing that mail. Types of Political Appointments Political appointments often fall into three general categories: specialists, careerists, and cli- entelists. The specialist appointee generally has specific expert knowledge that is critical to running a functional department. As an example, the State Department is functional, in that its specific purpose is foreign policy. However, a secretary of state and his or her assistant secretaries are likely to be foreign policy experts and are therefore examples of specialist appointments. fin82797_06_c06_133-160.indd 146 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.4 Types of Bureaucratic Departments Presidents do not always appoint specialists to top positions in the government. Presidents may appoint careerists, such as prominent political figures who have served in different presidential administrations in a variety of capacities. Careerists bring knowledge of how Washington works and how to work through the bureaucracy, and they often have connec- tions with members of Congress. Because the appointees are the ones who have to represent
  • 35. their agencies and departments before Congress, their congressional connections are criti- cal, especially when it comes to requests for funding. An example of a careerist is Norman Mineta, who served as member of the U.S. House of Representatives from 1975 to 1995, then secretary of commerce under President Bill Clinton and later secretary of transportation under President George W. Bush. Even though Mineta was a Democrat, President George W. Bush understood the value of Mineta’s knowledge of Washington politics when he chose him to serve in his Cabinet. Sometimes a president appoints a careerist because he or she would like to have a greater say in a par- ticular policy area. For instance, careerists are often appointed to be secretary of state by presidents who consider themselves suffi- ciently expert in foreign affairs. A non-expert at the State Department allows a president to run policy from the White House. This was true in the early years of the Nixon administration, when William P. Rogers was secretary of state and Henry Kissinger was national secu- rity advisor. Foreign policy was gen- erally run from the White House, and the secretary of state was little more than a figurehead. Later, when Kissinger became secretary of state in 1973, foreign policy was once again made in the State Department. Although the term was
  • 36. not used then, Kissinger was in many respects Nixon’s foreign policy czar. The clientelist is the third type of appointment that presidents make, usually to agencies or departments that serve a specific clientele. A clientelist is often appointed because he or she is believed to satisfy a particular constituency and can bring that constituency’s support back to the president. An example of this is the secretary of agriculture. Because the Department of Agriculture primarily serves the interests of farmers, it makes sense to appoint an agriculture secretary from those states that form the farm bloc. Coming from that area, he or she will understand what farmers want and may be able to deliver the farmers’ support in the next election. © Bettmann/Corbis An example of a careerist appointment would be when President Richard Nixon (center) had William P. Rogers (left) serve as secretary of state but appointed Henry Kissinger (right) as national security advisor. His goal was to run foreign policy from the White House, not the State Department. fin82797_06_c06_133-160.indd 147 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.5 Who Controls the Bureaucracy?
  • 37. 6.5 Who Controls the Bureaucracy? The federal bureaucracy is often referred to as the “fourth branch of government” because it is almost like a branch unto itself. Most workers in the bureaucracy are civil servants, so it is very difficult for political leaders to control what they do. In the private sector, a worker who does not do what the president of his or her company wants can be fired. That is not the case with the civil service system, where the president or even his or her political appointees can- not easily remove a career civil servant. Civil service workers are protected by civil service rules, and to remove a civil service employee, even for cause, requires several steps in a pro- tracted process that guarantees the employee’s rights to appeal. Unlike in the spoils system, a new Republican president cannot order the termination of all employees in the Department of Health and Human Services because the president thinks they might have voted for the Democratic opponent in the last election. Civil servants can be fired for failure to perform their duties, but the procedures to do so are complex. Employees facing termination may appeal to the Civil Service Commission. Still, there are ways to control the bureaucracy, or at least make it more accountable. Fore- most among these are the president’s ability to control budgets for specific agencies, and Congress’s ability to hold legislative oversight hearings. Even though it is immune from tradi- tional political pressure, at the end of the day the bureaucracy,
  • 38. like any other institution, still needs to maintain a measure of support from the public. Presidential Control Political scientist Francis Rourke (1984) has observed that a key theme in American politics over the years has been the struggle for control over national policy between the White House and the bureaucratic organizations. Rourke has suggested that a president has three courses of action. First, the president can fill the top echelon of executive organizations with political appointees who share his or her values and hope that they will protect his or her interests. Second, the president can assign members of the White House staff to monitor the work of executive agencies. Third, the president can create structures in the White House that will take the lead in policy areas of importance to him or her. The use of White House czars reflects this third course. In the past, however, presidents took one or more of these courses of action in response to deep dissatisfaction with bureaucratic performance. As mentioned in the opening vignette, President Obama began his presidency by appointing several czars, which signaled that he would prefer that policy direction come from him and the White House. President Nixon, in particular, used this approach when he made all foreign policy through Henry Kissinger and the National Security Council rather than William P. Rog- ers and the State Department.
  • 39. The president can also control the bureaucracy through the budgeting process. Although Congress technically appropriates money and therefore must approve of budgets, as we dis- cussed in Chapter 2, the president prepares the budgets and submits them to Congress. fin82797_06_c06_133-160.indd 148 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.5 Who Controls the Bureaucracy? There are three basic budgeting techniques: line-item budgeting, planning program budget- ing, and zero-base budgeting. With line-item budgeting, money is appropriated for specific items such as equipment, personnel, and programs. A department that received $40 billion last year can usually expect the same this year and perhaps 4% more. If there are to be budget cuts, its budget will not be cut very much—maybe only by 2– 3%. This is also known as incre- mentalism, which is the idea that everything is completed in small steps. The point of line- item budgeting is that it is predictable, and there is very little concern that a department or agency will be completely defunded. However, without such danger, the president does not enjoy the same level of control that he or she might were he or she able to eliminate depart- ments or agencies. Moreover, a bureaucracy that can expect a consistent budget has very little
  • 40. reason to explain itself and justify how it is spending public monies. A president might be able to achieve accountability by forcing agencies and departments to jus- tify their expenditures based on the programs that they adminis- ter. Planning program budget- ing (PPB) is a technique whereby a budget is organized around pro- grams rather than items. The idea was first introduced during Presi- dent Kennedy’s administration by Defense Secretary Robert McNa- mara. A budget would be organized around specific programs like the North Pacific Fleet, Aircraft Carrier groups, and Amphibious Landings. The Defense Department would undertake a cost-benefit analysis to determine whether benefits of a particular program justified its costs. This question, of course, is a political one, as benefits are deter- mined according to whose inter- ests are being served, or in terms of who is getting what, when, and how. The implication, however, is that if the benefits cannot be shown to justify the costs, the entire program can be cut. Politically, this is often difficult because every program has its own base of support. But it does force the bureaucracy to be accountable to the political leadership in the executive branch.
  • 41. A third type of budgeting technique is known as zero-base budgeting (ZBB), which was introduced during the Carter administration. The basic idea is that departments and agen- cies should not assume that, just because they had a budget the previous year, they are nec- essarily entitled to one now. On the contrary, they should assume that they have no budget and that they are preparing one from scratch. They are in effect being asked to explain to the political leaders what it is they do, why it is essential that they continue doing it, and just how Associated Press/J. Scott Applewhite Republican Paul Ryan, House Budget Committee chair, references President Obama’s 2014 fiscal budget pro- posal book during a hearing on the Health and Human Services budget. The president can often use the bud- get to exert a degree of executive control over bureau- cratic agencies. Representative Ryan has since become speaker of the House of Representatives. fin82797_06_c06_133-160.indd 149 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.5 Who Controls the Bureaucracy? any appropriation of public monies will be spent. In practice, those preparing budgets begin from a certain level of spending, perhaps around 80% of their previous budget. They then
  • 42. put together “decision packages” consisting of different ways that the level of services could be increased and then rank them. This way, political appointees can establish priorities for spending increases. As with the PPB, ZBB requires bureaucrats to be accountable by engaging in public justifica- tion. ZBB similarly assumes that if the justification is not adequate, the agency or department can be eliminated. Again, it would be politically difficult to eliminate a whole unit because agencies and departments typically have supporters in Congress as well as among a variety of interest groups. Still, by forcing bureaucrats to jump through the hoops associated with both ZBB and PPB, the president is able to exert some control. At the very least, the president can ensure that an agency or department perceived to be out of control receives less money. Management by Objective Management by objective is the idea that the president and his or her political appointees can establish objectives for each program as well as a set of measures to determine whether those objectives have been met. Agency heads establish a set of quantified objectives to be achieved in the coming year and then break down each objective into quarterly targets. This process is repeated down the chain of command. The goal is to achieve greater efficiency through clearly stated objectives that are easily quantified. If everybody is forced to demonstrate that objectives are being achieved, and how they are being achieved,
  • 43. there will be greater account- ability. Implicit in all this is the threat that if objectives are not achieved, major changes can be made, including overhaul of departments, elimination of programs, and termination of personnel. Congressional Control As we mentioned in Chapter 4, Congress holds the executive branch accountable to the public through legislative oversight hearings. The bureaucracy cannot function if Congress does not appropriate money to it. Thus, controlling the bureaucracy through legislative oversight is a matter of bringing Congress’s power of the purse to bear. Typically, it is the political appoin- tees who actually testify before Congress about what their departments are doing, how they are administering specific programs, and how public money is being spent. But it is the career bureaucrat who is often required to prepare the actual testimony. Agencies and departments are also required to submit reports to Congress on a periodic basis, and civil service workers write these reports. In an extreme type of control of this civil service workforce, on the basis of hearings, Congress can rewrite legislation to change the bounds of an agency’s jurisdiction and authority. It can also appropriate less money to an agency. Congress does not need the president to request less money; it can do this on its own. fin82797_06_c06_133-160.indd 150 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for
  • 44. resale or redistribution. Section 6.6 Bureaucracy, Congress, and Interest Groups Judicial Control Bureaucracies that implement policies and programs are an extension of the president exe- cuting the laws of the land. They are the administrative machinery of the executive branch. But the bureaucracy still has to operate within the bounds of the law. Thus, court rulings can affect the scope of administrative authority. A court can either expand bureaucratic author- ity or limit it. The Internal Revenue Service (IRS), for instance, routinely enforces tax collec- tion through random audits of Americans. If the IRS intends to audit someone, that person is forced to comply, though he or she can bring an accountant or lawyer along to ensure due process. Suppose that someone believed that an audit was a violation of his or her privacy. This person could file suit in court in an attempt to force the IRS to stop random audits. Were a court to order that future audits needed a prior court order so as not to invade privacy, it would, in effect, be narrowing the scope of the IRS’s authority. 6.6 Bureaucracy, Congress, and Interest Groups The relationship between Congress and the bureaucracy is not always characterized by Con- gress holding the executive branch accountable. There are also times when Congress and the
  • 45. bureaucracy work together to satisfy mutual interests. Additionally, there are instances when agencies appear to serve interest groups to the exclusion of the public interest. Some of these relationships are known as the iron triangle of representation, and others are referred to as bureaucratic capture. Iron Triangles An iron triangle is a relationship among a committee in Congress, an interest group, and an administrative department or agency whereby each attempts to satisfy the others for mutual gain (see Figure 6.2). For example, interest groups lobby members of Congress (that is, they try to influence them) for programs or projects that will benefit them. Congressional mem- bers in turn lobby administrative agencies for contracts to run these programs. The bureau- cracy lobbies Congress for funds for programs so that it in turn can award contracts. Members of the bureaucracy also lobby for budgets, because the size of a budget is often seen as a measure of prestige and power. Members of Congress may lobby the administrative agency to award a contract to a particular interest group in the hopes that they will be repaid with cam- paign contributions. Administrative agencies also seek to satisfy interest groups by awarding contracts to them because some bureaucrats might want to trade government jobs for more lucrative private ones. They may also seek to satisfy interests in the hopes that lobbying Con- gress will result in a greater appropriation for those groups.
  • 46. fin82797_06_c06_133-160.indd 151 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.6 Bureaucracy, Congress, and Interest Groups By and large, iron triangles are considered to be impenetrable. Although each point of the tri- angle does allow for various interests to gain access, the close relationships among the three sides make it extremely difficult to introduce new and innovative policies. For example, an idealistic president may want to cut the defense budget to have serious arms control, but he or she will find it extremely difficult to do so. Still, iron triangles allow for individual concerns to be represented through the interest groups representing those concerns as part of the iron triangle relationship. Bureaucratic Capture When an agency is in the service of its clientele and the interests of the clientele come before the interests of the public, it is said to have succumbed to bureaucratic capture. For instance, the Federal Aviation Administration (FAA) regulates the airline industry with the goal of keep- ing the flying public safe. Yet in practice the agency is often viewed as a traditional clientele agency whose first mission is to serve the interests of those it is supposed to regulate. If, for instance, it eases maintenance requirements on aircraft and an
  • 47. unintended consequence is a plane crash, critics will assume that those requirements were eased to allow the airlines to save money and boost profits. If the FAA had demanded harsher maintenance requirements, it would have been serving the public interest. Because instead it gave in to the demands of the airlines, it is an example of bureaucratic capture. Figure 6.2: The iron triangle Iron triangles represent the relationships among congressional committees, interest groups, and the bureaucracy. From Ubernetizen. fin82797_06_c06_133-160.indd 152 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.6 Bureaucracy, Congress, and Interest Groups An agency may be captured as a function of an iron triangle. In these cases, not only does it specifically serve the interests of its clientele, but it does so with the express blessing of the congressional com- mittee that is supposed to oversee it. When an agency is captured, there is, in effect, no accountabil- ity, and it is that much harder for
  • 48. politicians to control it. It generally takes a severe crisis or multiple cri- ses, such as several plane crashes where hundreds of lives are lost, to break a bureaucratic capture. Remedies Political scientist Theodore Lowi (2009) has contended that Con- gress is responsible for the cre- ation of iron triangles and the bureaucratic capture that results. Because Congress delegates authority to the bureaucracy to accomplish its objectives, interest groups will inevitably arise to get a piece of the action. The solution might be to withdraw the delegation of authority. However, this does not seem feasible because as citizens expect more of their government, they demand more of Congress, whose members must respond by creating new programs. Congress then has to delegate authority so that the new programs are implemented, and this in turn empowers the bureaucracy. As a consequence, bureaucracy becomes a symbol of big government, which is counter to the culture of limited government upon which the country was founded. One remedy to the problem of a cumbersome bureaucracy might be a move toward limited government, but it is not clear whether limited government is realistic in a complex society. Lowi has suggested the remedy of returning to “juridicial democracy,” which would amount to limiting federal action “to those practices for which it is
  • 49. possible to develop a clear and authoritative rule of law, enacted democratically and implemented absolutely” (2009). In other words, federal action needs to be subject to popular control, as exercised through the representative Congress. Lowi has even suggested that the Supreme Court be asked to declare unconstitutional any delegation of power to an administrative agency that is not accompanied by clear standards of implementation. In other words, the traditional disdain for big govern- ment was really a concern that the executive would become all powerful and act arbitrarily. A society as complex as the 21st century United States requires a greater executive presence, which in turn involves greater bureaucracy. But there still need to be checks on the powers of the executive, and the concept of juridical democracy is offered as one mechanism for ensur- ing that the democracy does not act arbitrarily. Recall from Chapter 1 that the desire to check the executive was a key motive for the colonists to declare independence from the British. Associated Press/The Oklahoman/Michael Downes Officials from the Federal Aviation Authority (FAA) investigate a plane crash. The FAA is a good example of bureaucratic capture because it is supposed to be serving the public interest, but too often it gives in to the demands of the airlines and other special interest groups. fin82797_06_c06_133-160.indd 153 3/24/16 1:47 PM
  • 50. © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.7 Bureaucracy in American Political Culture 6.7 Bureaucracy in American Political Culture The revolutionary spirit from which the American nation was born has generally contrib- uted to a negative perception of bureaucracy. Government institutions have not always been viewed in the most positive terms, and the bureaucracy has often been seen as a concrete manifestation of government power. Bureaucracy as Active Government The United States has long had a tradition of opposing active government that has added to the ambivalence toward administrative agencies. One of the core American values is individ- ual liberty, and because government institutions were designed to protect individual liberty through the separation of powers, there has long been a belief that liberty and strong central governmental authority cannot coexist. The Framers actually admonished that we should be jealous of government power, as such power would represent a threat to liberty. The growth of American bureaucracy, however, coincides with the transformation from passive to active government, and with the evolution from dual federalism to cooperative and then creative federalism, as discussed in Chapter 3. This growth has been
  • 51. contrary to the values of limited government. It is not just that Americans are ambivalent about administrative agencies because they are con- cerned about their liberty, however. Opposition to active government in the United States has also made Americans ambivalent out of the belief that government only fouls things up. Government should be limited in its functions, the thinking goes, because individuals are capa- ble of doing things better and more efficiently on their own. Much of the opposition to health care reform had to do with concern that if bureaucrats decided who gets what type of treatment, individual liberty would be infringed upon, and that a system that was perceived to run well in the private sector would be destroyed by government control. If the costs of health care are too high, the argument goes, the answer is not government bureaucracy, but more competition in the marketplace. Some of these views are derived from a conviction that markets are more efficient. But some of these views may also be derived from a historical distrust of government. Concerns about active government in the United States have a much longer history than the Progressive tra- dition, from which the more modern view of government as a
  • 52. force for good descends. To © Brooks Kraft/Corbis A tradition that opposes active government contrib- utes to the belief among many Americans that govern- ment control generally leads to more problems than solutions. fin82797_06_c06_133-160.indd 154 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 6.7 Bureaucracy in American Political Culture a certain extent, modern administrative theory is built on the reality that markets do not always work and, left to their own, unregulated, devices, free markets can result in unemploy- ment, poverty, great disparities in wealth and income, products that only wealthy people can buy, and in general much human suffering and misery. The modern administrative state exists to compensate for many of these market failures. Free markets, in other words, require strong mediating bureaucratic structures if they are to succeed for everyone. Arguments for government regulation stem from the observation that government is not the only source of centralized power about which citizens should be jealous. Rather, corporations are also sources of strong centralized power with the potential
  • 53. to limit our freedom. Accord- ing to this argument, Americans need to be jealous of both corporate and government power. Government, then, has a role to play in making a more fair and equitable society. Bureaucracy as Red Tape The idea that bureaucracy is full of red tape implies that government cannot deliver goods and services efficiently. Consider two images: one is a McDonald’s restaurant and the other is the U.S. Post Office. In McDonald’s, the goal is to sell as much fast food as quickly as possible. Fast food restaurants appeal to customers who do not want to take the time for a leisurely meal, but instead want speed at low prices. If customers are kept waiting in long lines for long periods of time, they will go elsewhere. Employees are expected to serve customers efficiently, or they will lose their jobs. McDonald’s follows the rule of competition, and when there is competition, there is greater efficiency. Customers at a typical post office, by contrast, may encounter long lines and be frustrated with the level of service. Unlike employees at McDonald’s, who may be termi- nated without cause, postal work- ers are protected by civil service rules. This runs contrary to Taylor’s principles of scientific manage- ment, which hold that efficiency will be accomplished only if man- agement can control the workforce
  • 54. through carrots and sticks. A civil service system removes that con- trol. Because the Post Office has a virtual monopoly on mail service, customers cannot readily go else- where when they find themselves frustrated with their mail service. Unlike McDonald’s, which has the flexibility to locate in areas that will bring high customer volume, the USPS has no choice as to who it serves or where its customers live. The cost of sending a 1-oz. letter is the same whether that letter is delivered across town or across time zones. The USPS must also deliver the mail 6 days a week. Abiding by these federal rules may contribute to the per- ception that the USPS is not performing in a fiscally responsible manner. Blend Images/SuperStock Government bureaucracy is intended to be slow and cumbersome so that individual liberty is protected. fin82797_06_c06_133-160.indd 155 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Summary and Resources When the Post Office is compared to the McDonald’s restaurant, it looks inefficient. But the image of the bureaucracy as red tape extends beyond inefficiency at the level of line workers.
  • 55. It also implies that there are too many layers of decision making, which slow things down even further. The American cultural traditions of liberty and the pursuit of happiness in the marketplace have fueled this ambivalence toward administrative agencies. Bureaucracy as Accountability Political scientist James Q. Wilson (1991) has argued that the red tape and inefficiency of the bureaucracy help ensure accountability. Like the American government, the bureaucracy is intended to function slowly and in a cumbersome manner in order to be accountable. The effect is that the bureaucracy protects individual liberty. If bureaucrats have to wade through several layers of red tape, they are forced to explain and justify their actions. This is the meaning of governing by written rules. A slow and tedious process also helps ensure that the actions that are taken are correct. The layers reinforce an administrative command, with authority passing through stages that provide accountability and thus protect liberty. Summary and Resources Chapter Summary The American bureaucracy is composed of the agencies and departments of the executive branch of government. The Framers had not originally addressed the role of the bureaucracy because they assumed, first, that the government would be run primarily by Congress and, second, that most domestic functions would be performed at the state level.
  • 56. Over the years, the bureaucracy has grown because the role of government has expanded. The bureaucracy is an essential part of government because it implements policies and programs that are passed by the political branches. As such, it is supposed to be politically neutral. But in the performance of its adminis- trative function, the bureaucracy does perform a policymaking and judicial function. Because the goal of the Good Government movement was to separate politics from admin- istration, the spoils system, which was tied to politics, was replaced by a career civil service system designed to be immune from popular pressure. This means that politicians cannot remove civil servants and that they have little control over what the bureaucracy does. Presi- dents have been able to exert some control through the executive budgeting process, and Congress has been able to exert some control through the legislative oversight process. Both presidents and Congress have sought to ensure that government is accountable to political officials, who in turn are held accountable by the voters. The factor that most helps to maintain accountability might be the hierarchical structure of the bureaucracy. Because it is structured on a chain of command and span of control, the bureau- cracy cannot act swiftly. Each action must go through several layers of approval. This system protects Americans’ individual liberty. Presidents have found this to be frustrating and have often sought to circumvent the bureaucracy with appointments of special czars, which enables
  • 57. them to run policy from the White House, rather than from traditional departments. Presidents may have also opted to circumvent the bureaucracy because iron triangles and bureaucratic capture make it more difficult to initiate new programs or terminate old ones. fin82797_06_c06_133-160.indd 156 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Summary and Resources Key Ideas to Remember • The federal bureaucracy can be viewed as the permanent government whose responsibility it is to execute the nation’s laws. • The bureaucracy is made up of two distinct components: political appointees who are responsible for making policy, and civil servants who are responsible for admin- istering that policy. • American bureaucracy functions according to the principle that those who are responsible for administration should not be subject to popular pressure. • The civil service system is predicated on meritocracy, and the application of scien- tific principles of management arose to replace the spoils
  • 58. system. This was seen to be a step in the direction of efficient and impartial government. • The chain of command in the American bureaucracy, which is often labeled “red tape,” helps ensure accountability and protect individual liberty. Each actor cannot act with- out the approval of his or her respective supervisor up the chain of command. • The American bureaucracy fulfills all the functions of the three branches of Ameri- can government. It effectively makes law by writing rules that appear in the Code of Federal Regulations, it executes laws by implementing them, and it exercises judicial authority by holding administrative legal proceedings when its rules are violated. • There has long been tension between the political branches and the bureaucracy. Presidents, in particular, have attempted to control the bureaucracy through various budgeting techniques, at times even bypassing the bureaucracy by running opera- tions through czars out of the White House. • Although Congress seeks to control the bureaucracy through legislative oversight, it is often involved in an iron triangle relationship with the bureaucracy and interest groups that benefit from Congress’s delegation of power. • Although a complex society requires an administrative state, Americans generally oppose active government whereby they distrust government
  • 59. and its manifestation in bureaucracy. Questions to Consider 1. What is administrative neutrality, and why is it so important? 2. How did the bureaucracy evolve from a spoils system to the civil service system, and what were the reasons for it? 3. What exactly does the bureaucracy do? 4. If the bureaucracy is, in effect, making policy by plugging in details and performing a judicial function by holding administrative hearings, is the bureaucracy violating the principle of checks and balances? 5. What are the different methods that the political branches can employ to control the bureaucracy? 6. How has the nature of American political culture influenced the design of bureau- cracy and the scope of its authority? 7. Does the appointment of policy czars violate checks and balances? Why or why not? fin82797_06_c06_133-160.indd 157 3/24/16 1:47 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution.
  • 60. The Brownlow Committee report, leading to a reorganization of the executive branch, is passed. 1946 Article II of the Constitution is written to include “he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices,” suggesting the presence of a bureacracy. 1787 President Gar�eld assassinated by a disgruntled campaign worker expecting a patronage job who did not receive one. 1881 Progressive Era reformers advance the idea that government services should be delivered based on merit. 1890s–1920s The Brownlow Committee report leading to a reorganization of the executive branch is released. 1939 The New Deal period, during which the largest increase in the size of the bureaucracy in U.S.
  • 61. history occurs. 1933–1945 First three executive branch departments (Treasury, State, War) created by Congress. 1789 Congress passes Pendleton Civil Service Reform Act. 1883 Congress creates Securities and Exchange Commission. 1934 Congress passes Hatch Act prohibiting federal employees from participating in partisan political activity. 1939 1 8 0 0 2 0 1 5
  • 62. Summary and Resources Timeline: Bureaucracy Photo credits (top to bottom): Associated Press, Daniel Grill/Thinkstock, Zoonar/unknown/Zoonar/Thinkstock, Everett Collection/SuperStock, Ninuns/iStock/Thinkstock. The Brownlow Committee report, leading to a reorganization of the executive branch, is passed. 1946 Article II of the Constitution is written to include “he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices,” suggesting the presence of a bureacracy. 1787 President Gar�eld assassinated by a disgruntled campaign worker expecting a patronage job who did not receive one. 1881 Progressive Era reformers advance the idea that government services should be delivered based on merit. 1890s–1920s
  • 63. The Brownlow Committee report leading to a reorganization of the executive branch is released. 1939 The New Deal period, during which the largest increase in the size of the bureaucracy in U.S. history occurs. 1933–1945 First three executive branch departments (Treasury, State, War) created by Congress. 1789 Congress passes Pendleton Civil Service Reform Act. 1883 Congress creates Securities and Exchange Commission. 1934 Congress passes Hatch Act prohibiting federal employees from participating in partisan political activity. 1939 1 8
  • 64. 0 0 2 0 1 5 fin82797_06_c06_133-160.indd 158 3/24/16 1:48 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Summary and Resources Key Terms administration The bureaucracy that sup- ports the president, composed of political appointees. Administrative Procedures Act of 1946 Legislation that governs the way that federal agencies may propose and establish regulations. bureaucracy The division of agencies and departments into sections known as bureaus. bureaucratic capture When agencies are captive to the interests of those they regulate.
  • 65. chain of command A hierarchical structure whereby power and authority flows from the top down to the bottom. Civil Service Commission A body created to oversee and regulate the federal civil service. civil service system Those federal employ- ees who are professionals hired on the basis of merit. cost-benefit analysis Evaluating a program or policy to determine if it is efficient, as evidenced by the benefits outweighing the costs. delegation of authority When Congress grants power and authority to an execu- tive branch department or agency to do something. government corporation A special entity set up by government to achieve a public purpose but that can be independent of government; it relies on government for funding. Hatch Act of 1939 Federal statute that prohibits civil servants from participating in partisan political activity. independent agency An agency that is independent of both the president and Congress.
  • 66. independent regulatory commission A body, like an independent agency, set up to regulate something specific. iron triangle A relationship among mem- bers of Congress (usually committees in Congress), executive branch agencies, and interest groups. line-item budgeting An incremental bud- geting technique. line workers Those workers at the bot- tom of the bureaucratic hierarchy who may represent the face of the bureaucracy to the public. Pendleton Civil Service Reform Act The law that ended the spoils system and ush- ered in the career civil service. planning program budgeting (PPB) A type of budgeting where the budget is orga- nized around specific programs. span of control When bureaucratic author- ity is spread out among several units, with each one performing specific tasks. spoils system The system of staffing the government whereby the party that won office replaced existing bureaucrats with people who voted for their candidate(s). zero-base budgeting (ZBB) A budgeting technique where the budget is organized
  • 67. around “decision packages” that allow politi- cians to make budgeting decisions based on their priorities. fin82797_06_c06_133-160.indd 159 3/24/16 1:48 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Summary and Resources Further Reading Fry, B. R., & Raadschelders, J. C. N. (2013). Mastering public administration: From Max Weber to Dwight Waldo (3rd ed.). Washington, D.C.: CQ Press. Kettl, D. F., & Fesler, J. W. (2011). The politics of the administrative process (5th ed.). Washington, D.C.: CQ Press. Lowi, T. J. (2009). The end of liberalism: The second republic of the United States (40th anniversary ed.). New York, NY: W. W. Norton & Co. Rourke, F. E. (1984). The presidency and the bureaucracy. In M. Nelson (Ed.), The presidency and the political system (pp. 437–468). Washington, D.C.: CQ Press. Weber, M. (1947). The theory of social and economic organization. (A. M. Henderson Talcott Parsons, Trans.). New York, NY: Free Press of Glencoe. Wilson, J. Q. (1991). Bureaucracy: What government agencies do and why they do it. New York, NY: Basic Books.
  • 68. Wilson, W. (1887). The study of administration. Political Science Quarterly, 2(2), 197–222. fin82797_06_c06_133-160.indd 160 3/24/16 1:48 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. 5 The Presidency Associated Press/Kyodo Learning Objectives By the end of this chapter, you should be able to • Describe the sources of the president’s power and authority. • Explain the presidential elections process. • Analyze the difference between a domestic and a foreign policy president. • Describe how presidents use their political power. • Describe the organization of the White House. • Evaluate the concept of a wartime president. • Analyze how Congress limits presidential power. • Analyze the role of presidential character in evaluating presidents and presidential candidates. fin82797_05_c05_107-132.indd 107 3/24/16 1:42 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution.
  • 69. In March 2011, an alliance of NATO countries, including the United States, launched air strikes against Libya in a humanitarian mission to assist rebels fighting against Libyan strongman Moammar Gadhafi. NATO, or the North Atlantic Treaty Organization, is an alliance of 28 countries that agreed to protect each other in case of attack. In justifying U.S. involvement in Libya, President Barack Obama insisted that the United States was part of a broad coalition. As military operations reached the 3-month point, questions arose about the legality of Amer- ican involvement. The Constitution states that Con- gress has the authority to declare war, while it also obligates the president to serve as commander in chief of the armed forces. This obligation has led many presidents to engage in military acts without congressional authorization or a formal declaration of war. President Obama claimed that his actions were in accordance with the War Powers Resolution of 1973, which requires that the president notify Congress of the use of force. Below is an excerpt from the War Powers Resolution. From Section 2:
  • 70. The constitutional powers of the President as Com- mander-in-Chief to intro- duce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursu- ant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces. From Section 3: The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circum- stances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostili- ties or have been removed from such situations. According to the War Powers Resolution, a president who dispatches military units for any reason must notify Congress within 48 hours of doing so. Congress then has 90 days to either authorize the operation or demand that the units come home. In the case of Libya, President Obama formally notified Congress of the U.S. military’s participation. However, the speaker
  • 71. of the House, Republican John Boehner, demanded that the president explain the mission © Pete Marovich/ZUMA Press/Corbis Previous members of President Obama’s administra- tion, Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Admiral Mike Mullen, testified before the House Armed Services Committee on Ameri- can military operations in Libya on March 31, 2011. Some congressional members contend that U.S. involve- ment in this operation violates the War Powers Act. fin82797_05_c05_107-132.indd 108 3/24/16 1:42 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 5.1 Presidential Constitutional Authority to Congress and obtain its authorization to continue. The president insisted that he had no obligation to seek authorization before launching the air strikes because these actions were “hostilities” and not acts of war. This response angered many in Congress. As the War Powers Resolution placed the ball in Congress’s court, the House of Representa- tives voted down a bill that would authorize the president to continue American involvement. The president asserted that the War Powers Resolution was unconstitutional because it inter- fered with his commander-in-chief power. This episode raises
  • 72. questions about how much authority the president has to make decisions in the commander- in-chief role as framed by the Constitution. In this chapter, we look at the American presidency and how it has evolved over time. The Constitution grants the president formal authority that is limited by Congress. The extent to which the president has any real power stems from the relationships that he or she estab- lishes and cultivates. The Framers did not fully address the issue of presidential war power because they were uncertain of what the president would do and they did not foresee all the contingencies that might arise that would require the president to exercise war power. 5.1 Presidential Constitutional Authority The Framers of the Constitution created a presidency that would take direction from Con- gress. The president is given several formal constitutional powers, most of which are checked by Congress. Presidential power is intended to be used to preserve and protect the Constitu- tion through the president’s expressed and inherent powers. Expressed powers refers to pow- ers listed explicitly in the U.S. Constitution. Inherent powers refers to powers that have been inferred from language in the U.S. Constitution. Together, expressed and inherent powers in the Constitution establish the office of the presidency and give its occupant the authority to preserve and protect the Constitution.
  • 73. Article II of the Constitution establishes executive power and who may hold it: “The executive Power shall be vested in a President of the United States of America.” Article II also establishes the president’s formal authority, which includes being commander in chief of the U.S. armed forces and chief executive. The president also has the authority to negotiate treaties, nomi- nate persons for high-level appointed office, veto acts of Congress, and grant reprieves and pardons. The language of the Constitution gives the president the power to make treaties as long as two thirds of the Senate concurs. This example of checks and balances is referred to as “advice and consent” in the U.S. Constitution. The Senate also has the power to confirm presi- dential nominations to high-level office. The veto power, which is the power of the president to reject bills passed by Congress, is found in Article I. Authority as Commander in Chief Article II, Section 2 of the Constitution states, “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” This means that the president must authorize any use fin82797_05_c05_107-132.indd 109 3/24/16 1:42 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution.
  • 74. Section 5.1 Presidential Constitutional Authority of force by the military. It does not mean that he or she will personally lead troops into battle like a medieval European king. The requirement that presidents authorize the use of force establishes the sacred principle of civilian control of the armed forces. If the military estab- lishment were equal in power to other institutions, it could easily overthrow the civilian gov- ernment and thus upend one of the hallmarks of modern democratic governance, the peace- ful transfer of power. Civilian control, at least in the early days of the American republic, was ensured by the absence of large standing armies. In fact, the Consti- tution mentions an army and navy only because these were the only two branches of the military that existed when it was written. They were separate departments, and each was equal to the other. The secretary of war and the secretary of navy both sat in the president’s Cabinet. Today’s Cabinet includes a single secretary of defense, but that posi- tion was not created until after World War II, with the passage of the 1947 National Defense Act, the law that created a unified Defense Department. Until that global conflict, the United States
  • 75. called state militia—what are known today as National Guard units—into national service. Much of the American fighting forces are still made up of National Guard units. They were called up in 2001 when the nation went into Afghanistan, and again in 2003 when it went into Iraq. Militia members of these units are normally under the command of their respective governors, but once called, they are under the command of the president. Use of the state militias for national service was formally adopted with the Militia Act of 1792, which gave the president the authority, in the event or threat of an invasion, to call into ser- vice as many troops from state militia as would be needed to repel the invasion. The president would be able to call upon those militia companies that would be “most convenient to the place of danger or scene of action.” This meant that if the country were invaded off the shore of Maine, the president could call on militia companies in Maine, Vermont, New Hampshire, and Massachusetts. Because they would be close to the place of invasion, they could respond quickly. This would also give the states a role in defending the nation. Instead of having to build national bases in all the states to house a standing army, the army would be formed as needed. Less than a week after the Militia Act was passed, Congress passed a second Militia Act of 1792, which required each able-bodied white male citizen between the ages of 18 and 45 to enroll in the militia of his respective state. The organization of the country’s military forces fundamentally
  • 76. changed in the 20th century. In 1903, Congress passed legislation to organize the various state militias into the current National Guard system, which was to be administered jointly by the National Guard Bureau Associated Press/Pablo Martinez Monsivais President Obama speaks to U.S. troops in Afghanistan. Article II, Section 2 of the Constitution specifically establishes that the president is the commander in chief of the armed forces. fin82797_05_c05_107-132.indd 110 3/24/16 1:42 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 5.1 Presidential Constitutional Authority and the U.S. Department of Defense. With passage of the 1916 National Defense Act, approxi- mately one half of the U.S. Army’s available combat forces and approximately one third of its support organizations were National Guard units. To call the militia into service during a time of crisis is to rely on civilian defense and to democratize the sense of sacrifice, a concept that still resonates today. As an example, when the United States went to war with Iraq in 1991, it amassed around 500,000 troops on Iraq’s border. Most of these troops were taken from state National Guard units. The United States
  • 77. certainly could have used its professional national army, but by calling on state units, the president gave all citizens a stake in the outcome. Authority to Pardon Article II, Section 2 also grants the president the authority to issue pardons. The president “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in cases of Impeachment.” This would seem to suggest that the president can pardon anyone who has committed a federal crime. Presidents may pardon convicted criminals who have already served part of their prison sen- tence. The president might issue a partial pardon, which often amounts to a commutation of a sentence, or pardon somebody who has long been a fugitive from justice. President Bill Clinton, for example, pardoned Marc Rich, a financier charged with evading $48 million in taxes and committing more than 50 counts of fraud. Rich had fled the country and was living in Switzerland at the time of his indictment. As another example, in 1974 President Gerald Ford issued a full pardon to Richard Nixon for Nixon’s role in the Watergate cover-up, which meant that the former president could never be charged for crimes related to Watergate. The Nixon pardon was viewed as an attempt to heal a badly divided nation and move forward. A president does not usually decide on pardons by him- or herself. Most of the time, he or
  • 78. she does not know the person being pardoned. Rather, somebody may apply for a pardon, in which case White House lawyers and the Justice Department study the matter and make a recommendation. Veto Authority As a check on the power of the legislative branch, the Constitution gives the president the authority to veto bills passed by Congress. One potential consequence of vetoes is that they might invite Congress to respond, if Congress has the votes, by overriding the veto. An over- ride is often seen as a political defeat for a president. Overrides are rare; only 7% of all vetoes have been overridden since the beginning of the republic. When the president vetoes a bill, the president must veto the entire bill and not parts of it; the U.S. Constitution does not provide for what is called a line-item veto. Congress gave Presi- dent Bill Clinton the line-item veto with the Line Item Veto Act of 1996. The law was soon overturned by the Supreme Court in Clinton v. City of New York (1998). The Supreme Court fin82797_05_c05_107-132.indd 111 3/24/16 1:42 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 5.2 Presidential Elections
  • 79. struck down the law because the act violates the Presentment Clause (Article I, Section 7), which requires that bills passed by both houses of Congress be presented to the president for his or her signature. In essence, the Presentment Clause outlines the legislative process, which the Supreme Court argued was violated by giving the president the line-item veto. Treaty Making and Effective War-Making Authority Section 2 also says that the president “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” This means that the president can make treaties with other countries, but they are not binding on future governments unless they are ratified by the U.S. Senate. A president may negotiate a treaty to end a war, but the Senate may opt not to ratify it. In the aftermath of World War I (1914–1918), President Woodrow Wilson sought to make the United States a signatory to the Versailles Treaty, which was the agreement that effectively ended the war. Part of the treaty was a call for the for- mation of a new League of Nations, an intergovernmental organiza- tion that would foster peace and international disarmament. Wilson wanted the United States to join this league, but some members of Congress believed that it could lead to U.S. involvement in conflicts that