2/25/14. Bureaucracy. How many people work for the federal government? What percentage of all workers do you think work for government?

Transcription

1 How many people work for the federal government? Bureaucracy Chapter 8 What percentage of all workers do you think work for government? 1

2 Which departments make up most of the workforce? 2

3 Defense USPS Veteran Affairs DHS Justice Treasury Agriculture HHS Interior SSA Transportation Commerce State EPA NASA Labor Energy HUD Education What bureaucracies do you personally encounter? Do you have a positive or negative view of these bureaucracies? What about in the abstract? How do average people feel about bureaucracies? Why? 3

4 2/25/14 The most exciting branch of government! People don t seem to like the bureaucracy } asdf Bureaucracy Overview } asf } } How is running a bureaucracy different from running a business? Example: DARPA 4

5 Bureaucracy Overview } The bureaucracy is not talked about much in the Constitution. } Nowadays, it has a very important role to play in making and enforcing policy. } Some bureaucrats are appointees (political/ideological) and some are career bureaucrats (ideological?) } To what extent can the President and Congress control the actions of the bureaucracy? Bureaucracy Overview } We started out with exactly three departments: Treasury, State and War. } Congress established that there would be a single person in charge of each agency. But would these people report to the President or Congress? } Early on, the answer was Congress. Bureaucracy Overview } As time went on however, it increasingly was the case that the President gained almost complete control of the bureaucracy. } Congress retains some control through the power of the purse control which they frequently exercise. 5

6 HISTORY } The early history of bureaucracy revolves around the existence of patronage } Under patronage, bureaucratic jobs were awarded to the supporters of newly elected Presidents, Members of Congress, Governors, State Legislators, and so on down the line. } Patronage began in earnest when Andrew Jackson came to power. } The duties of all public officers are, or at least admit to being made, so plain and simple that men of intelligence may readily qualify themselves for their performance. } Patronage was used by the party machines to control politics. } Party machines traded jobs for votes. } They then used the power of government to enrich themselves. 6

7 } How do you do all this? } 1: Get elected } Repeaters } Hell-cat Maggie } Bill the Butcher } 2: Take money Boss Tweed Boss Tweed } What was government like under the party machines? 7

8 } The progressives gradually eroded the power of the party machines. } The progressives gave us the Australian ballot, child labor laws, the Pendleton Act, better education } but also Prohibition. } The Australian Ballot } So maybe it s a wash. } In 1881, President Garfield was assassinated by a political supporter angry that he had been passed over for a patronage appointment. } The Pendleton Act: at least 10% of all bureaucratic jobs must be merit based. } Presidents kept expanding Pendleton. Why? } Today the vast majority (better than 90%) of bureaucratic jobs are merit based rather than patronage based. } But there are still some patronage jobs. 8

9 Delegation } What is power delegated to the bureaucracy? DELEGATION Delegation } The primary problem of the bureaucracy for both the President and Congress is how do we delegate power but remain in control? } Think about the costs involved in effectively monitoring agents (remember the principal-agent relationship). } How available is information? } How inexpensive is communication? } How large is the bureaucracy? } How complex is it? } Which costs are significant today? In the 19 th century? Delegation } The Clean Air Act 9

10 Delegation } INS v Chadha (1983) } Chadha, a student in the US on a student visa, asks the INS to suspend his deportation. The INS agrees. } The suspension was reported to Congress and the House of Representatives vetoed it (the Senate was not involved). } The case goes through appeals and finally to the Supreme Court. } The Supreme Court rules that this is unconstitutional. } Congress was tired of passing resolutions to stop deportations, so this authority was delegated. } This action was legislative in nature, so it should be subject to the President s veto and should be enacted bicamerally. Delegation } Can you un-delegate? The Careerist Bureaucrat CAREERISTS AND APPOINTEES } Careerists have more opportunity to develop expertise and to learn the rules of their job. } Even though they are not appointed by politicians, careerists still have political views of their own. 10

11 The Careerist Bureaucrat } Though most career bureaucrats don t have much power individually, they could have a great deal of power collectively agency culture. The Appointed Bureaucrat } More loyal to the President? } Usually only serves for a few years. Doesn t have as much time to develop expertise. The Careerist Bureaucrat 11

12 ORGANIZATION Bureaucratic Organization } Some agencies are cabinet agencies the director has a spot in the cabinet. These are: state, treasury, defense, justice, interior, agriculture, commerce, labor, HHS, HUD, transportation, energy, education, VA, and homeland security. Bureaucratic Organization } There are also some cabinet level officials: the VP, director of OMB, EPA, trade representative, UN ambassador, and chair of the council of economic advisers. } There are many many sub-agencies that do not get to sit in on cabinet meetings. Bureaucratic Organization } There are three types of agencies that are not cabinet level: independent executive agencies, regulatory commissions, and government corporations. } Independent Executive: NASA, Peace Corps, Social Security Administration. Report directly to the president. Appointed heads. } Independent Regulatory Commissions: Designed to be independent of the President. No single director, but rather a board of commissioners, appointed by the President and serving fixed, staggered terms. } Independent Government Corporations: ostensibly independent and run like a business, but suffer from congressional mandates: the Post Office. 12

13 So what do agencies do? DUTIES Function of the Bureaucracy } While bureaucratic agencies have many duties, we will focus on regulatory rulemaking and regulatory enforcement. } Remember that after the President signs a bill, the bureaucracy must implement it. They do this in the rulemaking process. } Once a rule is in place, they have to enforce it, by making sure that private industry follows the requirements of the rule. Rulemaking 13

14 Rulemaking } Taking a bill and turning it into regulation. } Congress writes something like: the DOT will conduct a rulemaking for a regulation to require a warning system in new motor vehicles to indicate to the operator when a tire is significantly under inflated. } In this case, this became a 42-page rule in the federal register which is 200+ pages of double-spaced text in a normal word processor. Rulemaking } Why would all this detail be necessary? What kinds of decisions have to be made about these tire monitoring systems? Rulemaking } The Department of Transportation must follow a common procedure: } Issue a notice of proposed rulemaking/a proposed rule } Allow 30+ days for the public to comment on the rule } Issue a final rule that discusses and responds to each comment received. } They also take meetings, hold town halls, and so on. } And they have to make pretty much every piece of paper that comes through available to the public at } They also must pass OIRA review: a useful tool for the President. Enforcement } Enforcement can be difficult, and requires the bureaucracy to have a presence in every state. 14

15 Enforcement } asdf Who controls the bureaucracy? } Each of the three branches of government has tools to reign in the bureaucracy. } Nonetheless, bureaucrats are sometimes at an advantage, for the reasons we discussed earlier, and agencies often develop cultures and preferences of their own. Who control the bureaucracy? } The President can: } Fire department heads. } Use OIRA to monitor the rulemaking process. } Appeal directly to high ranking members of the agency. } Adjust the budget that he sends to Congress. } Reorganize agencies } Issue an executive order Who controls the bureaucracy? } Congress can: } Review the President s nominations } Design laws that sunset or require reauthorization } Remand regulations to the bureaucracy } Hearings } Cut agency budgets } Require reports to Congress } Review agency actions the GAO or Inspector Generals 15

16 Who controls the bureaucracy? } The courts can: } Require the agency to take regulatory action to meet the intent of Congress or prohibit them from implementing a rule that does not mirror the court s perceived intent of Congress. 16