12The Federal Bureaucracy and the Public Policy Process Creating and Executing the Laws
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12Learning Objectives
Outline the constitutional roots of the federal bureaucracy, its organizations, and its employees
12.1
Analyze the bureaucracy's tools of implementation and their effectiveness
12.2
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12Learning Objectives
Assess presidential and congressional efforts to control the federal bureaucracy
12.3
Relate politics and public policy, and differentiate the three types of public policy
12.4
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12Learning Objectives
Outline the key steps in making public policy, and assess the different types of policy solutions
12.5
Assess ways in which citizens can influence the public policy process12.6
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Understanding the Federal Bureaucracy: Constitutional Origins, Organizations, andEmployees Building the Federal Bureaucracy Types of Federal Organizations Types of Federal Employees Regulating Employee Conduct
12.1
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Building the Federal Bureaucracy
Foundations Constitution established authority to create bureaucracy
Congressional role Can create new agencies but cannot hold executive positions Determines staff and budget
12.1
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12.1Alexander Hamilton
Hamilton helped set many of the precedents that govern the federal bureaucracy today.
A strong advocate of “execution in detail,” which involved detailed regulations that federal employees must follow
Argued for an expansion in the number of federal employees as the federal government's mission expanded.
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The size of the federal bureaucracy grew from just a small Cabinet that served President Washington to one that comprises 15 departments, 50 lesser agencies, the U.S. Postal Service, and the three branches of armed services.
As of 2012, nearly 4.5 million people worked for the federal government.
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12.1
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Types of Federal Organizations Departments
15 departments - led by cabinet-level officials Inner cabinet are the most important: Defense,
Health and Human Services, Justice, State, Treasury
12.1
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The Department of Homeland SecurityOne of the 5 largest departments, guards against terrorism and responds to natural disasters
12.1
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Types of Federal Organizations Independent stand-alone agencies
have fewer employees and more focused missions Independent regulatory commissions
Have a specific policy mission, members are drawn from both political partiesBudgets must be approved and decisions are subject to judicial
review Government corporations - operate like private
businesses U.S. Postal Service Amtrak
12.1
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12.1Goldman Sachs
The Securities and Exchange Commission is an independent regulatory commission that was created to regulate the stock market. It was accused of being negligent in monitoring accounting practices during the 2008 economic collapse.
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Types of Federal Employees Presidential appointees
Manage the bureaucracy Most are appointed by the president, are not confirmed by
the Senate Most resign at the end of the president’s term in office
Senior Executive Service Appointed after intensive review
Civil Service Designed to provide administrative continuity Andrew Jackson's “spoils system” - employees were hired
because of their loyalty to the party. This loyalty system gave the president's party complete control over almost every government job.
Merit system (1883) - abolished the spoils system
12.1
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Regulating Employee Conduct Regulation of political participation
1939 Hatch Act - federal civil servants were prohibited from raising money for candidates and running for political office.
Hatch Act revised in 1993 Permits greater political participation Ability to hold party positions Party fund-raising Campaigning
12.1
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National Treasury Employees 12.1
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12.1 Which of the following are the largest organizations in government?
a. Government corporationsb. Independent regulatory commissionsc. Independent stand-alone agenciesd. Departments
12.1
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12.1 Which of the following are the largest organizations in government?
12.1
a. Government corporationsb. Independent regulatory commissionsc. Independent stand-alone agenciesd. Departments
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The Job of the Federal Bureaucracy Making Regulations Raising Revenue Spending Money
12.2
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Making Regulations
Regulations turn policy into action Administrative Procedure Act of 1946
Publication in Federal Register “Notice and comment” period Judicial review
12.2
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FIGURE 12.3: Pages in the Federal Register
12.2
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Raising Revenue
Federal Revenue includes: Income taxes Payroll taxes Social Security Disability Unemployment insurance Licenses, Fees, Permits
Borrowing money Federal Reserve Board
12.2
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Spending Money
Uncontrollable (“nondiscretionary”) spending NOT subject to Congress or President without major
change in law Makes up most of federal spending
Discretionary spending Subject to budget cuts, increases
12.2
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FIGURE 12.4: Uncontrollable spending in 1962 and 2012
12.2
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12.212.2 In which of the following ways do federal agencies execute laws?
a. Writing regulationsb. Collecting taxesc. Spending moneyd. All of the above
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12.212.2 In which of the following ways do federal agencies execute laws?
a. Writing regulationsb. Collecting taxesc. Spending moneyd. All of the above
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Controlling the Federal Bureaucracy Separate Controls Shared Oversight Does the Federal Bureaucracy Work?
12.3
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Separate Controls
Executive branch Restricted by checks, balances, separation of powers Does control organization, appointments, budgeting
Legislative branch Controls through appropriations Confirmation of appointed officials Investigations and hearings
12.3
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Shared Oversight
Presidential controls Office of Management and Budget “Central clearance system”
Congressional controls Government Accountability Office Congressional Budget Office Types of oversight: “Police patrol” “Fire alarm”
12.3
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Does the Federal Bureaucracy Work?
12.3
Most Americans wary of major cutbacks Flaws in the system
Management-heavy organization Outdated personnel system Slow and complex appointments process Program/agency redundancy
Sagging public confidence in the executive branch
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Salmon 12.3
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FIGURE 12.5: Trust in the executive branch
12.3
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12.312.3 Which of the following is typically used for oversight by the executive branch?
a. Department of Stateb. Congressional Budget Officec. Government Accountability Officed. Office of Management and Budget
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12.312.3 Which of the following is typically used for oversight by the executive branch?
a. Department of Stateb. Congressional Budget Officec. Government Accountability Officed. Office of Management and Budget
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Defining Public Policy Types of Public Policy Public policy is made through laws, judicial decisions, and
detailed regulations issued by the bureaucracy. While Congress and the president enact the laws, the
bureaucracy implements the laws, putting them into effect.
If politics can be defined as the interaction of the people and their government, then public policy is the product of that cooperation.
12.4
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How a group of people can impact public policy to affect their lives
12.4
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Types of Public Policy
Distributive policies - offer benefits to all citizens Defense, Social Security, Education, Interstate highways, etc.
Redistributive policies - money from one group pays for benefits to another, usually through taxes Welfare, Head Start, etc.
Reverse distributive policy - reduces benefits to all groups Reductions on benefits such as Social Security Raising everyone’s taxes
12.4
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12.412.4 Which of the following extends benefits to everyone?
a. Nondistributive policesb. Reverse distributive policesc. Redistributive policiesd. Distributive policies
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12.412.4 Which of the following extends benefits to everyone?
a. Nondistributive policesb. Reverse distributive policesc. Redistributive policiesd. Distributive policies
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The Public Policy Process
Making Assumptions About the Problem Setting the Agenda Deciding to Act Deciding How Much to Do Choosing a Solution Deciding Who Will Deliver the Solution Passing a Law and Making Regulations Running the Program Day to Day The Order of Action
12.5
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FIGURE 12.6: The eight steps in making public policy
12.5
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Making Assumptions About the Problem
Random elements/unpredictability Influence ability to make accurate assumptions
Time Speed of events can outpace assumptive models
12.5
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Setting the Agenda
Defining the agenda Issues under government consideration Determined by the majority party Representative of majority's electorate
Other influences on the agenda National emergencies On-going problems Think tanks
12.5
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Deciding to Act
Public pressure changes with time The “issue-attention” cycle
Discovery Emergence The Problem of cost Decline Exit
12.5
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FIGURE 12.7: Concerns about the environment, 2000–2012
12.5
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Deciding How Much to Do
Incremental policy Small change; easiest to create Most efficient way to advance an idea
Punctuating policy Requires alliances of interest groups, individuals Dramatic change Iron Triangle Issue networks
12.5
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Choosing a Solution
Creation of regulations Taxation Spending Symbolic benefits
12.5
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12.5Blackwater
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Deciding Who Will Deliver the Solution Assignment of implementation is an
aspect of policy-making Government Departments, agencies Nongovernment personnel Independent contractors
12.5
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Passing a Law and Making Regulations Rule-making
Converts thoughts and abstractions to regulations Statement of purpose The rule Formative information
Administrative discretion
12.5
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12.5Solar power
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Running the Program Day to Day Implementation process includes on-going operations:
Creating regulations Supervision Evaluation
As assumptions change, policy-making process begins again
12.5
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The Order of Action
Policy-making is constant Politics turns ideas into policy Policy termination
12.5
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12.5
a. The president, interest groups, and a congressional committee
b. A federal agency, the public, and a congressional committee
c. A federal agency, interest groups, and the Supreme Court
d. A federal agency, interest groups, and a congressional committee
12.5 Which of the following make up an “iron triangle”?
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12.512.5 Which of the following make up an “iron triangle”?
a. The president, interest groups, and a congressional committee
b. A federal agency, the public, and a congressional committee
c. A federal agency, interest groups, and the Supreme Court
d. A federal agency, interest groups, and a congressional committee
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Citizens and Public Policy
Public wariness of participation Tactics Public interest groups
12.6
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12.6Ralph Nader
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12.612.6 Which citizen action is more likely to be successful in influencing public policy?
a. Votingb. Supporting one leaderc. Providing an alternative solutiond. Joining interest groups
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12.612.6 Which citizen action is more likely to be successful in influencing public policy?
a. Votingb. Supporting one leaderc. Providing an alternative solutiond. Joining interest groups
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Discussion Question
Does the federal bureaucracy serve its intended purpose? What alternatives are there in government administration? Is public policy constructed fairly?
12