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Top Bureaucrats put government policy into practice, and therefore the federal bureaucracy has a large impact on policymaking. In order to get their policies passed, the president and Congress must work with the bureaucracy. Controlling the bureaucracy can be difficult for the following reasons:
Rule-makingThe federal bureaucracy makes rules that affect how programs operate, and these rules must be obeyed, just as if they were laws. The rule-making process for government agencies occurs in stages. After Congress passes new regulatory laws, the agency charged with implementing the law proposes a series of rules, which are published in the Federal Register. Interested parties can comment on the rules, either at public hearings or by submitting documents to the agency. After the agency publishes the final regulations, it must wait sixty days before enforcing those rules. During that time, Congress can review and change the rules if it desires. If Congress makes no changes, the rules go into effect at the end of sixty days. Federal regulations affect many groups of people, who have often challenged those regulations in court. Because litigation is a slow and expensive way to change regulations, Congress passed the Negotiated Rulemaking Act of 1990 to limit the need for litigation by opening the rulemaking process to those affected by it. The act encouraged federal agencies to engage in negotiated rule-making. If an agency agrees to the proposed regulations, for example, it publishes the proposals in the Federal Register and then participates in a negotiating committee overseen by a third party. Agreements reached by the committee are then open to the normal public review process. Parties to negotiated rule-making agree not to sue over the rules. Deregulation and ReregulationSince the Carter Administration in the late 1970s, the federal government has frequently sought to remove regulations established by earlier administrations, a practice called deregulation. The federal bureaucracy usually carries out deregulation, often with encouragement from the president. In the late 1970s and early 1980s, for example, the government deregulated the airline industry, significantly increasing competition and lowering prices. Sometimes the federal government changes its regulations significantly, a process known as reregulation. Bureaucrats as PolicymakersIn theory, federal bureaucracies merely carry out the policies enacted by Congress and the president. In practice, however, many scholars argue that the bureaucracy plays a significant role in federal policymaking via iron triangles and issue networks. Iron TrianglesAn iron triangle is an alliance of people from three groups: a congressional subcommittee that deals with an issue, the executive agency that enforces laws on that issue, and private interest groups. Often, the members of the triangle know each other well, and people frequently move from one corner of the triangle to another. The members of the iron triangle work together to create policy that serves their interests.
Issue NetworksAn issue network is a group of individuals who support a specific policy, not a broader issue. The three parts of the iron triangle are often parts of a single issue network, but other people may also be a part of the network, including experts, scholars, and the media. The influence of issue networks is similar to that of iron triangles: By working together, members of an issue network can shape and determine policy.
No matter which party controls the presidency or the Congress, the bureaucracy has continued to grow. In fact, one of the most conservative presidents in recent memory, George W. Bush, expanded the bureaucracy considerably in the wake of 9/11. An entirely new federal department, the Department of Homeland Security, was created to deal with domestic terror threats. Like the media, the bureaucracy is often referred to as the Fourth Branch of government. In reality it is a part of the executive branch. The heads of the various departments—the secretary of state or defense or the attorney general—are nominated by the president and confirmed by the Senate. Early on in our democracy, the bureaucracy was often used for patronage—the supporters of whatever politician was in power were appointed cushy federal jobs in exchange for their support. This largely changed as a result of widespread corruption and incompetence during the late 1800’s. Although they don’t create policy per se, federal agencies do have policy making capability. Since the Great Depression and World War II, federal agencies have implemented scores of public policies on issues ranging from business, education, general welfare and public safety. So What Exactly Are the Powers of the Bureaucracy?The federal bureaucracy has wide-ranging powers over American citizens and businesses. Some complain about this, maintaining that since bureaucrats are unelected, they shouldn’t wield such vast power over the day-to-day affairs of Americans. The bureaucracy controls how most tax dollars are spent, too. The two primary powers of the bureaucracy are rule making and rule adjudication. Although the Congress writes laws, these laws don’t have comprehensive instructions on how to carry them out—this task is left to bureaucrats, and gives them substantial leeway to interpret laws as they see fit (as well as how the president directs them through memoranda and executive orders). When federal agencies create rules, they often have public hearings to allow for citizens’ input. When there is a violation of bureaucratic rules, by a citizen or business, the bureaucracy has the final say. What Controls Are There on the Federal Bureaucracy?The president has control over agencies’ budgets, as does the Office of Management and Budget, or OMB. The president can strip an agency of its power by failing to allocate it any funds. Courts can limit bureaucratic power through their rulings, and Congress can rewrite laws affecting how agencies are run, and what their missions are. What Does the Bureaucracy Look Like?There are two events that make the bureaucracy grow—wars and economic declines. During these times, the government allocates more funding and expands programs. Once an agency is created or given money, however, and programs are created, they are very hard to dismantle. This why bureaucracies grow even when the president is an advocate of smaller government. Since the bureaucracy deals with so much, including maintenance of the highways and distribution of Social Security checks, it employs millions—roughly three million—people around the country. Some areas of the country have high numbers of federal employees, particularly Virginia and Maryland, which abut the federal capitol. These days, bureaucracies aren’t really depositories for big donors. (Ambassadors’ posts are another story). Most bureaucrats are hired using the results of exams such as the Civil Service Exam and the Foreign Service Exam, and are highly trained and competent. As mentioned, the bureaucracy is mostly part of the executive branch. Executive branch departments include the fifteen departments (cabinet-level posts) such as the Department of State, the Department of Commerce and the Department of Health and Human Services (HHS). One recent major program, Obamacare, comes under the purview of HHS. There are also independent agencies with very specific tasks. These include the Consumer Product Safety Commission, which regulates product safety and issues recalls; the Environmental Protection Agency, which regulates air, land and water quality; the Federal Reserve (or, “the Fed”), which sets interest rates and regulates national banking and US bond markets; and NASA, or the National Aeronautics and Space Administration, which conducts space research. Just because these agencies are not in the executive branch does not make them less important or powerful. In fact, with his ability to set interest rates, the Fed chairman has sometimes been referred to as the real most powerful man in the world. Iron TrianglesA concept you will hear in AP® US Government & Politics is iron triangle. Iron triangles are relationships between federal agencies, the congressional committees that oversee them, and interest groups. These three institutions interact frequently and tend to influence each other’s decisions. Since interest groups can provide money and grassroots support to politicians, committees tend to give interests groups’ opinions considerable sway in the policy making process. Bureaucrats like to make nice with legislators, too, as the legislatures could easily cut the agency’s budget in future years. Both agencies and legislators benefit from the specialized research and other information the issue groups can provide. And—when they retire from government—interest groups provide bureaucrats and politicians with cushy, lucrative jobs in the private sector. OK—now why don’t we take a look at a sample free-response question from a past AP® US Government & Politics exam? A Sample AP® US Government & Politics Free-Response (FRQ) QuestionThe federal bureaucracy as part of the executive branch exercises substantial independence in implementing governmental policies and programs. Most workers in the federal bureaucracy are civil-service employees who are organized under a merit system. Define one key characteristic of the merit system. For each of the following, describe one factor that contributes to bureaucratic independence. 1. The structure of the federal bureaucracy 2. The complexity of public policy problems For each of the following, explain one Constitutional provision that it can use to check the bureaucracy. 1. Congress 2. The courts 3. Interest groups This seems like a long, involved question, but the answers are actually quite straightforward and short. For (a), we can simply note that a characteristic of the merit system is that bureaucrats are hired based on their score on an exam, such as the Civil Service Exam or the Foreign Service Exam. For (b), we’ll note that the structure of the federal bureaucracy favors its independence since it is so vast—and dispersed across the country—that it is difficult for the other parts of the government to exert direct influence on every single employee. Thus, each agency typically has more control over its employees than Congress or the president does. The complexity of public policy problems gives agencies relative autonomy because they specialize in these issues, so Congress and the president are reliant on their advice and information to make decisions. Thus, the bureaucracy, in a way, can write its own ticket. For (c), you have simple answers to give for each of the questions. Congress can check the bureaucracy by cutting or eliminating its budget. The courts can check the bureaucracy by invalidating their actions, if they are viewed as unconstitutional. And finally, interest groups can check the bureaucracy by clogging the pipeline of information that they deliver, or by lobbying Congress to stop the bureaucracy from doing something, or to order the bureaucracy to do something. The Wrap UpRemember how vast the bureaucracy is and how much influence it has on the day-to-day operation of government. Keep in mind that the bureaucracy is always growing, even under small-government presidents, and that it grows particularly during wartime and economic crises. And remember that it is very hard to shrink the size of the bureaucracy—once you give a benefit, it’s hard to take it away. You should also try to remember the names of a few executive branch agencies (State) and a few independent agencies (NASA) and be able to say what they do in a nutshell. This will help you if you encounter an FRQ about the bureaucracy on the AP® US Government & Politics exam. Good luck. Looking for AP® US Government practice?Kickstart your AP® US Government prep with Albert. Start your AP® exam prep today. |
How does Congress check the power of the president when it comes to the federal bureaucracy?
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