The Unofficial 4th Branch

I. Constitutional Provisions and Legislative ActsPres appts heads of agenciesPres nominates cabined secretaries/Senate Confirms

Congress appropriates money to authorize and maintain

Congress investigates agencies and shapes laws for agencies to administer 

RESULT: BUREAUCRACY CONTROLLED BY BOTH PRES AND

CONGRESS  

Patronage appts dominated 19th and early 20th century Pendleton Act (1883)—slow transfer of fed jobs from patronage to

merit system

Appointment power critical because agency officials influence interpretation of laws, tone and effectiveness of their administration

Significant Events Civil War—Industrialization—Growth of National Economy 

Reg of interstate commerce needed-- # of agencies and bureaucrats grow to provide services like administering military pensions

 Limited regulation because of:

Belief in limited gov States rights dominate still Fear of concentrated discretionary power Commitment to laissez-faire economy

II. What Made Gov’t Grow? ( Trends)

Great Depression and WWII—Increased governmental activism—heightened

regulatory rolePublic expected continuing military preparednessPublic expected maintenance of social programs

to care for elderly and unemployedIncome tax to supportSCOTUS upheld discretionary power of adm

agenciesSince 1960’s – modest increase in # of fed employees huge growth in subcontracts to private

companies growth in state/local employees

Growth in discretionary authority given by Congress to Agencies in 3 areas(ability of agencies to set course of action, and make policies not specified in law)

Subsidies to specific groups (vets, farmers, scientists, universities, hospitals)

Transfer $$ to state/local gov through grantsDevising regulations for economy, schools,

healthcare, roads and telecoms 

III. Structure and OrganizationBureaucrats insulated from being fired for political purposes

—only elected officials are supposed to exercise discretionary authority 

Results: redundant procedures and rules to provide consistency and protect Cong/Pres connections

Who Runs Agencies?Recruitment /Retention: Competitive service based on merit—civil service exam to

recruit, retain and promote most qualified persons Excepted Service—Employees not hired by exam—but hired

in nonpartisan way Most bureaucrats can’t be fired—often takes more than a

year

Personal/Professional Traits Cross-section of American SES—however

minorities over-represented in lower grade services

Typical higher level bureaucrat: middle aged white male w/ college degree—pro-government—moderate politically, no extremes

THE JOB Career bureaucrats often differ w/ politically appointed bosses—but most try

to carry out policies as assigned— Whistle-blower legislation—protects jobs when reporting waste, fraud, or

abuse Most jobs highly structured—personal attitudes irrelevant—culture among

employees about how they should act which can motivate but also make agencies resistant to change 

  Iron Triangles— relationships between Congressional Committee Staffs,

Special Interest Groups and Agencies called to administer policy(Concept today is more complex—more involvement from outside groups) 

Issue Networks—Today’s Influential Players: -- Members of Congress, staffers, lobbyists, think tanks, academia and corporations, media(Think about interests involved in Health Care Reform– AMA, AARP, HMO’s, Hospital Groups, Health and Human Services Department, Insurance Conglomerates, --Medicare/Medicaid Programs, State Governments and State Health Departments, University Research Programs, Pharmaceutical Interests… on an on and on.

 

IV. Congressional OversightNO agency can exist without authorizing

legislation and laws that define scope of authorityNo $ spent without annual appropriations

authorized in Congressional committee connected to agency (bills go to House and Senate Comm on Vet Affairs, then to House and Senate Appropriations Comm)

House Appropriations can revise/amend budget request—MOST POWERFUL INFLUENCE

Congress can investigate to check discretion and unauthorized actions outside of Congress/Presidential preferences

V. Critique and RealityCriticisms:Red Tape: complex rules (think MVD)Conflict w/ other agenciesDuplication w/ other agenciesImperialism: growth w/o reasonWaste: overspending   

However, most citizens don’t understand that: Problems w/ Bureaucracy created by Constitution and Policy

Process Congress sets different and inconsistent goals and doesn’t prioritize Red tape and waste result from policy set by elected officials and

political appointees who haven’t expertise to deal with details

Rules and red-tape result from battle between Leg and Exec for control

Divided gov complicates implementation

Reform efforts stress Exec Control – National Performance Review that suggests decentralized management, initiative, focus on customer satisfaction.

  Impact of 911 and re-structuring Department of Homeland Security

—still a work in progress— Katrina catastrophe evidence of consequences of slow reform and political nature of bureaucratic appointments.