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Unformatted text preview: Chapter 11 The Bureaucracy Chapter 11 – The Bureaucracy Rewind Rewind – A note about search note about search and seizure...
• What is “in public view”?
– Anything that can be perceived with the 5 (natural) senses without aid.
• Sight – “in plain view”
– Infrared cameras (to see through walls) are not permitted if it shows too much detail (like human figures) because it’s electronic enhancement. • • • • Sound Taste Touch Smell
– Courts have said a dog’s sense of smell is ok, since it is still “natural” and not “artificially enhanced” Introduction
• The Bureaucracy
– Collectively, the agencies and people who administer government programs. • Bureaucrats
– The people who administer government programs. people who administer government programs. Introduction
• Function of the Bureaucracy
– Policy implementation
• Carrying out the policies set by the President and Congress Congress. – Expertise
• In individual areas that the executive and legislative individual areas that the executive and legislative branch could never hope to understand. – “Red tape”
• The excessive formalities and confusing processes. Growth of Government
• 4 major causes of growth in government.
– Modernization – Wars and international involvement crises – Domestic crises – Pressure from interest groups Modernization
• Technology needs regulation. needs regulation
– E.g., invention of the radio
• Lead to creation of the Federal Communications to creation of the Federal Communications Commission (FCC) to allocate frequencies (now look at how big they are, and what they do, such as censorship.) • Developed countries can afford bigger governments. • More movement into urban areas meant expansion of local government services.
– E.g., police, fire, waste disposal, etc. fi di – The bigger the city, the more services it needs. Modernization
• Modern industries need regulation.
– E.g., Food and Drug Administration (FDA)
• To regulate distribution and marketing of unsafe food and drugs. • Imagine every time a new drug was released WITHOUT every time new drug was released WITHOUT oversight? • Social Welfare Welfare
– For increasing numbers of people in urban areas.
• If there are more people, there are more people in need. there are more people, there are more people in need. Wars and International Issues
• During the World Wars, the government th th needed more people to run virtually everything. • After WWII, the U.S.’s superpower status required the attention of bureaucrats.
– For foreign affairs, military affairs, and veteran’s programs. – Today: Add Homeland Security. Domestic Crises
• When things go wrong, government’s there to fix it.
– Thus departments expand, new departments are formed, and more people are hired. – E.g., Securities and Exchange Commission (SEC) was created after the market crash of 1929.
• To regulate stock market trading. Interest Groups
• Interest groups fight for their members, and gets government more involved in the process.
– E.g., labor unions wanting better work labor unions wanting better work environments, better wages, and fair practices led to the Dept. of Labor having more authority (which means more people needed) Development of Public Development of Public Administration
• There were 4 phases in history
– Conservative Elitism Elitism – Jacksonian Populism Reform – Liberal-Libertarian Reform – The Modern Era Conservative Elitism
• Led by Jefferson and the Federalists • Those who work in the bureaucracy have to be who work in the bureaucracy have to be the best.
– Judged by “fitness of character” by fitness of character
• Family background, educational attainment, honor, and esteem. • Or, to restate, only the elites were qualified to work in government Jacksonian Jacksonian Populism
• Jackson believed that bureaucratic positions should be given to the supporters of the winning party.
– Expanded the spoils system beyond society’s elite. the spoils system beyond society elite. – If you helped your candidate win, you should be rewarded.
• But who was in a better position to “help” more? Liberal-Libertarian Reform
• Liberals – Replaced the spoils system with a merit system.
– Or, appointments based on qualifications. *Spoils system still in place for high positions. – Pendleton Civil Service Act (1883) Civil Service Act (1883)
• Some positions to be filled by exams rather than party affiliation. • Libertarians – made the bureaucracy more economic and efficient.
– E.g., council-manager model of running a local gov’t. Liberal-Libertarian Reform
• Creation of independent regulatory commissions.
– Independent of both President and Congress.
• They do not answer to either, nor are subject to discipline from either. – E.g., Federal Trade Commission. Modern Era
• After tremendous growth of the bureaucracy, tremendous growth of the bureaucracy government tried to downsize.
• Using the private sector to perform public functions.
– E.g., A private company who can handle many prisons in many private company who can handle many prisons in many states can buy in bulk = lower cost. • Note: When done so, the private entities are subject to the same laws/regulations as if they were the the same laws/regulations as if they were the government.
– E.g., privately-run prisons can’t deny a prisoner their rights. Functions of the Bureaucracy
• Major functions.
– Social welfare welfare – National defense/foreign policy government services – Other government services – Regulatory activities Social Welfare
• Social welfare includes, e.g.,:
– Welfare for the poor. – Social security for elderly and disadvantage. – Student loans (yes, this is a form of welfare). – Unemployment benefits. – Worker’s compensation – Medicare – Veteran’s benefits Social Welfare
• Prior to 1996, most welfare programs were run by the federal government.
– And mainly by the Dept. of Health and Human Services (HHS). • In 1996, the Republican Congress & Clinton 1996 the Republican Congress Clinton passed major welfare reform
– Most programs now run by the states. programs now run by the states
• With federal funding. Problems with Social Welfare Ad Administration
• Inadequate funds.
– E.g., Social Security will not have enough money to pay future generations.
• You all do realize the SS Tax you’re paying now is for the people retiring now? You probably won’t see most of that money (Tip: Start a retirement fund NOW) • Results difficult to measure. • Solutions unknown. – E.g., result of student loans? Graduation is NOT a guarantee, and even then is the person going on to a career where they’ll make lots of money (and pay lots of taxes, and/or pay back their loans)?? and/or pay back their loans)?? – E.g., Center for Disease Control (CDC) & HIV/AIDS. $$$ being poured into research without knowing whether there’s even a cure.
• When to we cut our losses and stop (if ever)? National Defense/Foreign National Defense/Foreign Affairs
• Most funds for national defense go to the Dept of Defense (DOD)
– Includes the military.
• Most of the notable conflicts in government have come from bickering between the have come from bickering between the services. (See next slide) • Most foreign affairs conducted by State Dept and the CIA.
– State Dept. has lost some of its luster in the shadow of the CIA and the military. My favorite example of military My favorite example of military bickering.
• Consider the different military branches as bratty siblings, especially with new toys. They all want their own, of course. It came to point where, by the time the first Persian Gulf War came to a point where, by the time the first Persian Gulf War occurred, the Army/Navy/Air Force each had their OWN communications systems which were incompatible with the others. others. • There was an instance in Iraq where a tank battalion found a target that needed to be bombed, and the commander could SEE the Air Force overhead but he couldn call them! SEE the Air Force overhead, but he couldn’t call them!
– So, he called his Army superior back at the base, who then used his Sat phone to call his boss at the Pentagon (IN DC!), who then ran down the hall to his AF counterpart, who then called back to the AF base in Saudi hall to his AF counterpart, who then called back to the AF base in Saudi Arabia, who then called the AWACS plane (air traffic control) who then ordered the jet fighters above the tanks to bomb the target. Other Government Services
• Major agencies under “other” agencies under other
– Department of Justice (DOJ)
– Enforces federal laws – Provides legal assistance to all agencies » They are the US government’s lawyers. • Headed by Attorney General
– Today: Michael Mukasey. Michael Mukasey • Includes the FBI, DEA, and (previously) INS*.
*INS is now part of the Dept of Homeland Security (DHS) as U.S. Citizenship and Immigration Services (USCIS) Citizenship and Immigration Services (USCIS) • Major agencies under “other” agencies under other
– Department of the Treasury Other Government Services
• Collects and distributes the government’s and distributes the government revenue. • Secret Service.
– Protects the President and other high-ranking officials. – Enforces laws re: money, e.g., counterfeiting. laws re: money counterfeiting – Now part of DHS. • 15% of budget in 1995 went to paying interest on borrowed funds.
= Or, net interest on the national debt. • Other notable services include:
– Postal Service Other Government Services
• Only 41c to have someone pick up mail at your house, and hand deliver to someone else! • Every 1c increase = $100+ million in revenue 1c inc $100+ million in • Good place to look when starting your own business. • There may even be free federal funding if you qualify. may even be free federal funding if you qualify • For the civilian exploration of space. • Military applications of space under DOD. applications of space under DOD • Considered one of the biggest drains of money. – Small Business Administration (SBA) – NASA – E.g., Old toilet on Space Shuttle kept clogging (how do you go to the bathroom in space? Hint: Fan > Vacuum) » So they spent over $10 million to develop a new toilet. And it still clogs. Regulation
• The bureaucracy drafts and enforces bureaucracy drafts and enforces regulations.
– Costs of regulation paid for by industry. of regulation paid for by industry
• Costs are then passed onto consumer. • Two types of regulatory organizations. types of regulatory organizations
– Executive regulatory agencies
• President appoints one person to head each agency. appo pe to eac age • May exist independently, or as part of a department. – Independent regulatory commissions.
• Several members appointed by President.
– Difference: Can’t be dismissed by the President. Regulation
• Regulatory organizations can issue regulations with the same force as the laws of Congress.
– Can also sanction, e.g., withhold license. also sanction, e.g., withhold license. • Congress may invoke a legislative veto to may invoke legislative veto to take away authority.
– But remember, the legislative veto is shaky at remember the legislative veto is shaky at best. • Bureaucracy’s main power is control of information. • Presidential Controls
– Appointment powers. powers
• Which are weakened by merit system of hiring civil servants (the Prez didn’t give them their jobs) • Heads of agencies may also become advocates for their agencies of agencies may also become advocates for their agencies (instead of serving the President’s agenda) Constraints on the Constraints on the Bureaucracy – President can also have White House staff perform functions functions.
• A second “bureaucracy” with few checks and balances. • Why deal with the real bureaucracy when you have a network of people who can do the same thing? people who can do the same thing? • Congressional Controls Controls
– Power of the purse. Constraints on the Constraints on the Bureaucracy • No agency can spend $ unless it has been appropriated agency can spend unless it has been appropriated by Congress. • Incrementalism
– Where the past year’s budget is used to determine the current the past year’s budget is used to determine the current year’s budget. – Can only adjust upward. (Next slide for more details) – Controlled with spending cuts, tax increases, and controlling the with spending cuts tax increases and controlling the amount of increases. – Power to make laws.
• Agencies must operate within bounds of the law. – Power to approve Presidential appointments. Favorite illustration of incrementalism Favorite illustration of incrementalism
• The rationale for this is: If you were a gov’t entity and spent everything allocated last year then obviously you need more everything allocated last year, then obviously you need more this year. • Let’s say you were appropriated $100mil, it’s the end of the year, and you’ve spent $90mil. – But if you didn’t spend it all, then we’ll keep it at the same level just in case it needed the next year (because you needed that much at one case it’s needed the next year (because you needed that much at one point) • Real-life example: Ever driving along the 5 or 405 in OC, and see those weird square flower tiles on the walls? Why do you see those weird square flower tiles on the walls? Why do you suppose CalTrans bought those? – If the amount of money can only go up and never go down, what would YOU do? – If you haven’t figured out what I’m hinting at… there was spare money left from the Nat Highway Fund, so CalTrans had to spend the rest of left from the Nat’l Highway Fund, so CalTrans had to spend the rest of the money to get more next year.
• Do those tiles improve the freeways in any way? • “Official” reason: They prevent graffiti. Constraints on the Constraints on the Bureaucracy
• Judicial Controls
– Power to interpret the law.
• And regulations adopted by agencies. • Self-constraints
– Compete with one other for funds. are inclined to compromise. – Some are inclined to compromise.
• With other agencies, or other entities
– Remember, there’s only X amount of money to go around. – It’s better to compromise and get a little something, rather than fight and get nothing. Evaluating the Bureaucracy
• Complaints from the outside. from the outside.
– Red Tape and Unresponsiveness.
• Having to jump though hoops. • Overlapping jurisdictions. • E.g., there was one time I went to Immigration to get 1 form form. I spent 7 hours there, going to 16 different offices, spent hours there going to 16 different offices and I left with nothing. – Waste
• Paying more for items than needed.
– Does the military need to buy $50,000 wrenches? • Wasting money on things that don’t work. money on things that don work
– How many NASA rockets have blown up, or satellites have crashed? Evaluating the Bureaucracy
• Complaints from the outside. from the outside
– Special interests
• Revolving door process. door process
– Using prior relationships in the private sector can been seen as a conflict of interest. • “Iron Triangle” (see figure 10.3, p. 404)
– Where interest groups, gov’t agency, & congressional committees fight each other for power, but form a united front against opposing interests. Evaluating the Bureaucracy
• Complaints from the inside. from the inside
– Problems at the top
• To run at its best, an agency needs qualified senior run at its best an agency needs qualified senior executives. • High turnover rate, because of higher wagers in private sector.
– So most leave before becoming senior managers. • Subject to laws against conflicts of interest. to laws against conflicts of interest
– Makes it difficult to move in and out of government. – It’s easy to switch jobs in the private sector. Why get a government job when it means waiting a year after quitting for a it new job? Evaluating the Bureaucracy
• Complaints from the inside. from the inside
– Interpreting and securing merit.
• Someone’s true experience and expertise may be difficult true experience and expertise may be difficult to determine. • “Good” workers are underpaid. • “Bad” workers are protected from being fired.
– Leads to a higher concentration of “bad” workers who stay on, gain seniority etc gain seniority, etc. • Affirmative action.
– Does still exist, so the question is, “Are we really hiring the best?” Evaluating the Bureaucracy
• Complaints from the inside.
– Role of the Public Servant
• Civil servants can NOT strike.
– – – – They MAY join unions, though. They serve the interests of the entire nation. They have more job security than in private sector. E.g., Reagan firing all striking air traffic controllers (ATCs). » See next slide • Conflict of interest – who’s working for whom? What of interest working for whom? What about after leaving the gov’t position? • Protections for whistle-blowers – are there any true protections? Reagan vs. the ATCs
• ATCs were overworked and underpaid. They were also necessary to keep planes from crashing into each other So they went on strike (knowingly and each other. So they went on strike (knowingly and illegally), thinking Reagan would HAVE to back down. down. • Reagan fired them all, replaced them with military ATCs until a new group of civilian ATCs could be trained. • Reagan also signed an executive order preventing those striking ATCs from EVER WORKING FOR GOVERNMENT AGAIN (still in effect today). Department of Homeland Security Department of Homeland Security
(a highlighting of changes) • Major Agencies (previous oversight)
– Customs (Treas.) + INS (Just.) = USCIS (Treas.) INS (Just.) USCIS – Transportation Security Admin. – TSA (new) – Fed. Emergency Mgmt. Agency – FEMA (independent) – Secret Service (Treasury) – Coast Guard (Transportation)*
*In wartime or by order of the President, under Department of Defense (Navy). After all is said and done…
• Agencies check and balance each other. • Agencies are created (indirectly) by the are created (indirectly) by the American people, to address needs. ...
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- Spring '08