Understanding Bureaucracy in Government

The Bureaucracy

• The bureaucracy implements government policy through federal departments, agencies, commissions, and government corporations.
• Key components include cabinet departments (e.g., Department of Homeland Security, Department of Transportation), independent regulatory agencies (e.g., Securities and Exchange Commission, Federal Elections Commission), government corporations (e.g., Amtrak, U.S. Postal Service), and executive agencies (e.g., Environmental Protection Agency).
• The bureaucracy carries out laws through government agencies, commissions, and departments.
• Examples include the Department of Homeland Security managing border security, the Environmental Protection Agency enforcing environmental laws, and the Securities and Exchange Commission overseeing the stock market.
• Bureaucratic tasks include writing and enforcing legislation, issuing fines for violations, and testifying before Congress.
• Bureaucratic agencies have relationships with congressional committees and interest groups, forming "iron triangles" (strong, stable relationships) and "issue networks" (looser, dynamic coalitions with academics, media, and policy advocates).
• Discretionary authority allows some agencies to decide how best to enforce laws.

Main Tasks of the Bureaucracy

• Agencies create detailed rules to implement laws passed by Congress.
• Agencies penalize individuals or corporations that violate regulations (e.g., SEC and EPA).
• Bureaucrats provide expertise during congressional hearings.

Holding the Bureaucracy Accountable

• Historically, government jobs were given as political favors (spoils system).
• The Pendleton Act (1883) introduced a merit-based hiring system, reducing political influence.
• Presidential control of agencies involves appointing heads, issuing executive orders, and influencing budget requests.
• Congress oversees agencies with hearings, controlling budgets, and passing new laws to restrict them.
• Courts can strike down agency actions if deemed unconstitutional or exceeding their powers.

Judicial Branch

• The judicial branch interprets and applies laws.
• Article III establishes the Supreme Court and allows Congress to create lower courts.
• The Supreme Court is the highest court and has final say on constitutional issues.
• Judicial review allows courts to declare laws and executive actions as unconstitutional.
• Article III establishes the Supreme Court and gives Congress the power to create lower courts.
• Judges serve for life with good behavior, ensuring independence.
• The judiciary is considered the "least dangerous" branch because it cannot enforce its rulings, but is crucial in protecting rights.
• Marbury v. Madison (1803) established judicial review, creating co-equal status for the court.
• Stare decisis ("let the decision stand") guides future decisions
• Supreme Court Justices are appointed by the President and confirmed by the Senate.
• Political ideology of justices influences Court decisions.
• Court decisions can be controversial, impacting public trust. Examples include Brown v. Board of Education (1954) and Roe v. Wade (1973).

Checks on the Judicial Branch

• Congress can pass legislation to modify the impact of previous decisions.
• Congress can pass new laws, like the Civil Rights Act of 1964.
• Constitutional amendments can overturn court decisions, like the 13th Amendment.
• Presidents nominate Justices, but the Senate confirms them.
• Judicial appointments and confirmations involve political considerations.
• Presidents and states may evade decisions.
• Congress can influence the jurisdiction of the courts to limit cases they hear (i.e. Congress passes legislation to limit the types of cases heard in Court).