WTP CH 15 Bureaucracy PDF

WE THE PEOPLE Hai Tran Wednesday 30rd October 2024 CHAPTER 15: The Bureaucracy 1. Bureaucracy and the Evolution of Public Administration The bureaucracy is a group of non-el...

WE THE PEOPLE Hai Tran Wednesday 30rd October 2024 CHAPTER 15: The Bureaucracy 1. Bureaucracy and the Evolution of Public Administration The bureaucracy is a group of non-elected officials charged with carrying out the functions of government. The vast majority of the bureaucracy is hired through a competitive, merit-based selection process, while there are also positions where individuals can be appointed. Bureaucracies are not unique to the government - you find them throughout businesses and the private sector. Motivations between the public and private sector are different, therefore intent of respective bureaucracies are different - remember the impact profit has on outputs? Bureaucracies are necessary for the optimal performance of government, which in turn benefits citizens. The word bureaucracy is not in the constitution, however the president is delegated powers pertaining to appointments (the cabinet.) The president further is charged with the faithful execution of the laws, indicating the need for a staff to do so. The powers of congress also imply requirements for a staff - congresses' job is making laws after all, not ensuring (themselves) the post offices run. As there is no constitutional provision for the bureaucracy, it was established and has evolved through practice over history. President's cabinet has grown over time, federal organizations and personnel requirement also similarly have grown with the growth of federal government power- particularly since the era of cooperative federalism. The first era of history that impacted the growth of the bureaucracy was the creation of the powerful party machines in the 1800s. As parties held more power over the elections process earlier in U.S. history, those in power in parties became increasingly powerful interlocutors between aspiring politicians and elected offices. To win office, politicians would promise government jobs to party officials, the employment of loyal members of the party would then tie those jobs to your ability to retain office. Patronage system was used to fill the ranks of the bureaucracy, and the negative ramifications of this system were not immediately foreseen. Industrialization and the need to further grow the bureaucracy to support a more economically capable U.S. exacerbated the effect of patronage on the bureaucracy. 1 WE THE PEOPLE Hai Tran Wednesday 30rd October 2024 It took the assassination of a sitting president for congress to enact reform over the bureaucracy through the 1883 Civil Service Reform Act. The Act created the Civil Service Commission which was charged with ensuring the selection, retention, and promotion practices of the government bureaucracy was conducted through open application and determined based on merit. From there, President Wilson advocated for the establishment of formal educational specialties to train those aspiring to work in government bureaucracy. Separating public administration from political science, the latter of which is focused on the way governments work. The New Deal Era ushered in a role for the bureaucracy in the U.S., drastically expanding the amount of jobs in the bureaucracy in addition to the amount of federal government offices. Under President Johnson, through the Great Society Program, the bureaucracy continued to expand in size and scope. Efforts to improve the economic positions of Americans experiencing poverty, revitalize public education, city centers, arts and culture, and the environment. The size and scope of the government and bureaucracy are directly linked to the budget (and the deficit) as well as the concept of federalism. National budget growing drastically to fund and resource new programs and the expansion of national government power comes at the expense of state autonomy. The onset of regulated federalism drew the size of the bureaucracy and government spending into focus. Nevertheless, under regulated federalism the budged continues to expand - because its difficult to curtail services that voters are dependent on. As growth of the civil service was an iterative process, so are attempts at reform. Growth of the bureaucracy coupled with increasing public weariness towards the expanded bureaucracy led to additional reform efforts. The Hatch Act (1939) limited the direct involvement of bureaucrats in politics. Trying to divorce the bureaucracy from politics is a key aspect of engendering trust and enhancing the bodies legitimacy. The Civil Service Reform Act of 1978, abolished the civil service commission and created the Office of Personnel Management - which is still what manages hiring to the federal government today. Intended to create a more competitive and fairly managed hiring process to build a talented workforce. 2. Moving Towards a Merit-Based Civil Service All of these efforts have moved the majority of civil service positions to merit based selections, while a fraction of them remain available as political appointments. Some positions require testing to demonstrate achievement of a base standard, other positions are determined by your background and qualifications that may suit you for specific roles in government. 2 WE THE PEOPLE Hai Tran Wednesday 30rd October 2024 All jobs are posted online and are available for application through USAjobs.gov. Once you are selected for a government position, all position levels regardless of agency are paid the same rate, and further promotion to higher grades is generally competitive. This ensures that the best people are being promoted for increasing responsibility. Pay equity among positions eliminates the potential for bias or patronage. 3. Understanding the Types of Bureaucracy There are four types of bureaucratic organizations: Cabinet departments, independent executive agencies, regulatory agencies, and government corporations. Employees of these organizations perform a variety of functions, implementing laws passed by congress and creating rules for the management of laws. Hold businesses, corporations, and citizens accountable to the law. Provide services/information to the government so that it can make policy decisions to the benefit and safety of the American people. Bureaucrats manage the execution of trillions in government spending, and provide subject matter expertise on aspects of law and policy that impact the standard of living in the U.S. The level of bureaucratic autonomy is the subject of significant deliberations in the Supreme Court - remember the Chevron Doctrine? There are now 15 cabinet level departments, this number has changed through history to accommodate the growth of American domestic and international power. Cabinet departments can be created through executive order or law passed by congress. Each cabinet office has a head officer (the Secretary), appointed by the president and confirmed by the senate. These Secretaries report directly to the president and also manage the entirety of the bureaucratic portfolio under them. Undersecretaries, assistant secretaries, and deputy secretaries are all also appointed to manage executive level departments within the cabinet office. Vast intentional structure under each department (goes for all types of bureaucracy) Independent executive agencies and regulatory agencies are similar to cabinet level positions in that they have a director that is appointed by the president and confirmed by the senate, and further report directly to the president. They perform more specialized functions, and they are independent as they are not subordinated under a cabinet position - but themselves do not raise to the level of a cabinet position. CIA, NASA, ODNI Regulatory agencies emerged from progressive movements towards creating greater accountability among industries that can greatly impact U.S. SEC, FCC Regulatory agencies typically have bipartisan boards to better withstand politicization. 3 WE THE PEOPLE Hai Tran Wednesday 30rd October 2024 Government corporations are agencies formed by the government to administer services the government provides that you pay for. You typically don't separately pay for the government to do its work (outside of course the taxes you pay - but sometimes you pay for services to offset the cost of running the "business". Amtrak, USPS provide vital services the government has an interest in maintaining a stake in. The profits from this business go right back into the operations of the business (like a non-profit almost). Anyone can work for the government! (though a majority of the positions do require U.S. citizenship.) From there, certain positions may require requisite testing, fitness screenings, and background checks depending on the positions sensitivity and requirements. All of this is a byproduct of civil service reform, to ensure a high standard for individuals seeking these positions. Regulations on behaviors and activities while employed by the government are also required to ensure standards are upheld. Working for the government provides excellent benefits, high pay, healthcare, parental leave, paid time off, retirement, and job security. While many seek employment with the government for these reasons, those who work for the government also tend to place a higher emphasis on service. The federal government employs personnel across the U.S. and internationally, either directly or through contracted personnel. Employee demographics are generally more diverse, with employees also possessing on average higher educational levels. There are over 2 million civilians employed by the federal government, and even more employed by state and local governments. State and local government employees account for ~80% of government employees in the U.S. There has also been a relative increase in contract employment, which is not included in the employed statistic. Discussions on the size of the government are partisan and routinely used by politicians as talking points. Current discussions of former President Trump and his inner circle surrounding schedule F employees. Schedule F employees are in positions that deal primarily with policy and seen as extensions of the President's agenda (political appointees.) - they can be fired at any point for any reason. Transitioning non schedule F positions to schedule F would give the president more control on who is in positions of bureaucratic power - outside of policymaking positions. This could act to decrease the non-partisanship of the majority of the bureaucracy and engender decision- making based on loyalty rather than practice. Picking who you want in some bureaucratic positions does not necessarily get you the output you are looking for. 4 WE THE PEOPLE Hai Tran Wednesday 30rd October 2024 4. Controlling the Bureaucracy There is a persistent need for bureaucratic oversight, due to the level of responsibility the bureaucracy holds and past mistakes and abuses of authority. Church Committee - uncovered decades of illegal activity and abuses of power within some of America's most powerful agencies of the bureaucracy. All three branches of government play a role in bureaucratic oversight. Congress can exercise accountability in many ways, through budgetary and presidential appointment approvals. The legislative branch can further call elements of the bureaucracy to testify in open or closed settings, which increases transparency and can be powerful tools of accountability. The Government Accountability Office is also charged with researching and publishing information on bureaucratic efficacy. The executive branch exercises further accountability over the bureaucracy, firstly by having the ability to appoint its members. Typically, presidents appoint individuals they know will support their visions for the execution of policy which allows them to understand how elements of the bureaucracy will act under their presidency. Presidents also decide the agencies that raise to cabinet level prominence. Appointments are viewed as a customary approval by congress but the process can be politicized or generally work to disqualify those who are not qualified. The Office of Management and Budget also falls under executive authority and plays a significant role in reviewing bureaucratic effectiveness and setting budgetary levels. The president also has extra- bureaucratic appointment powers, allowing for the hiring of individuals to look at certain aspects of policy absent confirmation. While congress drafts ambiguous legislation the bureaucracy is charged with figuring out how to execute in line with congressional intent, the judiciary gets to determine whether the efforts of the bureaucracy are constitutional. Remember Chevron Doctrine? The Supreme Court can redistribute power across the three branches of government, to include empowering itself or the judicial system more broadly relative to the other branches. People also play a role in bureaucratic accountability (hey, the government can't do everything itself all the time!) Freedom of Information Act allows Americans to request access to government documents. (~800,000 requests in 2020 alone!) Sunshine laws - state and federal laws that require government offices to hold meetings available to the public. Whistleblowers play a key role in bureaucratic accountability efforts and encompass employees of the bureaucracy who bring to light instances of fraud, waste, and abuse within the government they were privy to as employees. 5 WE THE PEOPLE Hai Tran Wednesday 30rd October 2024 The Federal Whistleblower Protection Act provides legal protections for persons who report suspected instances of fraud, waste, or abuse to report these instances without fear of reprisal. Fear can still complicate reporting. If you are a bureaucrat and operate outside these official channels - you open yourself up to legal liability and forego congressional protections. Bureaucrats who act as sources for journalists do not have legal protections, persons who leak classified documents do not have legal protections. 6