Bureaucracy: Introduction

Bureaucracy

Questions about the Bureaucracy

• What is Bureaucracy?
• Is bureaucracy necessary?
• Is bureaucracy efficient?
• How does the bureaucracy work?
• Who controls the bureaucracy?
• What are the dangers of bureaucracy?
• What is the role of bureaucracy in the policy making process?

What is Bureaucracy?

• Definition: A system of government in which most of the important decisions are made by career professionals rather than by elected representatives.

What is Bureaucracy?

• Definition: A system of government in which most of the important decisions are made by career professionals rather than by elected representatives.

Question: How does this definition conflict from what we already know about the system of government in the United States?

What is Bureaucracy?

• Definition: A subsystem of government in which most of the day to day decisions are made by career professionals rather than directly by elected representatives or political appointees.

What is Bureaucracy?

• Definition: A system of government in which most of the important decisions are made by career professionals rather than by elected representatives.

• Characteristics:

    - Hierarchical structure
    - Specialization / Expertise
    - Rules and procedures
    - Impersonality

• Purpose: Improved implementation, service provision, and accountability.

Bureaucracy in the Constitution

• Constitutional Foundations

    - The word "bureaucracy" is never mentioned
    - Article II: President's power to appoint officers and to require reports from them. 
    - Political appointment was assumed in Constitution

Origins and Evolution

• Key periods of growth and change.

    - Early Republic: Small, limited group of politically appointed civil servants in a small, limited government - answerable to the President.
    - Civil War and Reconstruction: Expansion of federal agencies.
    - Progressive Era: Creation of regulatory agencies.
    - New Deal: Massive growth in response to the Great Depression.
    - Post-WWII: Continued expansion and specialization.
    - Modern Era: Focus on efficiency, accountability, and reform.

Who Does the Bureaucracy Answer To?

• Political appointees (~4,000; ~1,200 with Senate confirmation)
• Civil service employees ~2.4 million

Who Does the Bureaucracy Answer To?

Political appointees: Serve at the pleasure of the President

    - President
    - Cabinet Secretaries
    - Agency heads
    - Political appointees are responsible for setting policy and direction.
    - They are also responsible for oversight and accountability.
    - They are not responsible for day-to-day operations.
    

Who Does the Bureaucracy Answer To?

• Civil service system - serve at the pleasure of time to retirement

    - grew as reaction to 1800s spoils system
    - nonpartisan
    - professional
    - career employees
    - protected from political influence, firing for political reasons
    - merit-based hiring and promotion
    - Hatch Act: limits political activities of civil servants
    - Whistleblower protections

Question

Given that civil service appointees are exempt from firing or discipline for policy disagreements, how does this fit with the idea of the elected President as the head of the executive branch?

Bureaucracy and the Executive Branch

• Cabinet Departments: 15 Cabinet departments, each headed by a Secretary (or the Attorney General for Justice Department)
• Independent Agencies: Unique nature and relationship to the President.

Cabinet Departments

Cabinet Departments

Cabinet Departments: Structure Example

Labor Department

http://www.netage.com/economics/gov/catalog-org-charts.html

Independent Agencies

• Independent Executive Agencies
• Independent Regulatory Commissions
• Government Corporations

Independent Executive Agencies

• Part of the executive branch.
• Subject to (some) Presidential control
• Similar to Cabinet Departments (civil service rules, etc.)

Independent Executive Agencies: Examples

Independent Regulatory Commissions

• Created by Congress to regulate specific areas of the economy or society.
• independent of the executive branch
• Bipartisan boards or commissions
• Often have quasi-judicial powers
• Quasi-legislative powers

Independent Regulatory Commissions: Examples

Government Corporations

• Created by Congress to provide a service or product that could be provided by the private sector.
• Operate like a business
• Subject to some Presidential control

Government Corporations: Examples

What is the role of the Bureaucracy in Domestic Policy?

• Agency rule making process

    - Notice of proposed rule making
    - Public comment period
    - Final rule (published in the Federal Register)
    - Final rules have the force of law

What is the role of Congress in Domestic Policy?

“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” - U.S. Constitution, Article I, Section 1

What is the role of Congress in Domestic Policy?

• Legislation = law making
• Oversight of the executive branch
• Budgeting and appropriations

Question

How do the independent agencies, commissions and government corporations fit in the Constitutional structure of three branches of government? Consider separation of powers and checks and balances.

Three Branches

Question

Given that independent agencies typically can’t be removed for political reasons, that is for disagreements over policy with the elected officials, how does this fit with the ideals of democracy and accountability to voters?

The Executive Branch US and Texas: Constitutional Basis

• US Constitution Article II

    - establishes the presidency
    - lists presidential powers
    - structure of presidency - unitary

• Texas Constitution Article IV

    - establishes the executive
    - lists executive powers
    - structure of executive - plural

Texas Constitution vs US Constitution

• US President

    - Elected Chief Executive
    - President and Vice-President only elected executive branch officials
    - Since 12th Amendment, President and Vice-President elected together (as a pair, from one party)

• Texas Executive: 6 elected executive officials

    - All elected on their own right possibly different parties

The Texas Plural Executive

• Governor - Greg Abbott

  Know the top 3

• Lieutenant Governor - ??

The Texas Plural Executive

• Governor - Greg Abbott
• Lieutenant Governor - Dan Patrick

  Know the top 3

The Texas Plural Executive

• Governor - Greg Abbott
• Lieutenant Governor - Dan Patrick
• Attorney General - ??

The Texas Plural Executive

• Governor - Greg Abbott
• Lieutenant Governor - Dan Patrick
• Attorney General - Ken Paxton

  Know the top 3

The Texas Plural Executive

• Governor - Greg Abbott
• Lieutenant Governor - Dan Patrick
• Attorney General - Ken Paxton
• Comptroller of Public Accounts - Glenn Hegar
• Commissioner of the General Land Office - Dawn Buckingham, M.D.
• Commissioner of Agriculture - Sid Miller

The Texas Plural Executive: Non-Article IV Officials

• Railroad Commission - Christi Craddick (chair), Ryan Sitton, Wayne Christian

The Texas Plural Executive: Non-Article IV Officials

• Railroad Commission - Christi Craddick (chair), Ryan Sitton, Wayne Christian

Christi Craddick

• Regulates the oil and gas industry in Texas, which

• would be the fourth largest COUNTRY in the world for oil and gas production

    - The United States (12.9 mbpd), Russia (10.32mbpd), Saudi Arabia (9.5mbpd), Texas (5.8mbpd), Canada (5.6mbpd)

• No authority over railroads

The Texas Plural Executive: Non-Article IV Officials

• Railroad Commission - Christi Craddick (chair), Ryan Sitton, Wayne Christian
• State Board of Education - 15 members

The Texas Plural Executive

• Governor - Greg Abbott
• Lieutenant Governor - Dan Patrick
• Attorney General - Ken Paxton

Know the top 3

• Comptroller of Public Accounts - Glenn Hegar
• Commissioner of the General Land Office - Dawn Buckingham, M.D.
• Commissioner of Agriculture - Sid Miller

Authorship and License

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• Author: Tom Hanna

• Website: tomhanna.me

• License: This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Tom Leard Hanna