Back to Base 

The Bureaucracy

 

When exploring the institutional connection between the President and the other branches of government, we not only explore relations between the President and the Congress, and between the President and the courts, but also the relations between the President and the bureaucracy.


The history of bureaucracy in the US:

Prior to Andrew Jackson, a small government was run by a relatively small number of administrators who tended to be reflective of the values and power of the Eastern, establishment. One of Jackson's campaign arguments settled on the need to take into account the desires of western and southern elites. When Jackson became President he was sure that Eastern elites would try to undermine his authority.

He thus argued for: rotation-in-office.

The President, as chief executive, needed to be able to control those who were executing policies. The President thus needed to be able to fill key administrative positions with those who would be loyal to him.

Sounds logical, doesn't it? According to some, the only problem is: does loyalty trump competence? Some argue the positions become rewards for faithful service and have nothing to do with "good management". They call this "the spoils systems"

The "spoils system" was in full blossom from Andrew Jackson's presidency until 1883. The assassination of Garfield in 1881 by a disappointed office-seeker led to demands for reform of the system.


In 1883, the Civil Service Reform Act (also known as the Pendleton Act) created the modern civil service.


The civil service is organized along the lines of Max Weber's notion of bureaucracy:

 

Bureaucracy is a term coined by Max Weber and emphasizes the nature of administration in a rational/ legal political system.



authority Basis power is Who?
traditional heredity autocratic

King/ Queen

inherited

 

Prince/ Earl

charismatic personality personal

 

the leader

sycophant-

 

followers

rational/ legal law the system-

 

institutions

institution-

 

bureaucracy

 

The principles of bureaucracy:

1) division of labor and specialization

2) hierarchy

3) formal rules

4) detachment

5) merit

6) efficiency



What subverts the goal?:

1) the informal hierarchy

2) goal displacement

3) goal non-achievement



(2 , 3 are products of organizations being composed of human beings!)


the desired effect is to create an organization of people with "neutral competence", ie., people who will enforce the rules and regulations, etc., without prejudice or favoritism



In effect, there are two tiers to administration in the US:

 

1) presidential appointees

"political executives"

(approximately 3500 of 3 million+ "bureaucrats")


As "chief bureaucrat", the President must fill top positions with people who are loyal and can meet minimal standards for qualification. Some argue that the only "minimal qualification" is loyalty!

Can a president find people who meet these criteria? Generally yes. Some have argued that recent events (trouble with nominees, "Nannygate", intrusiveness into personal life, etc.) has, and will, continue to reduce this pool of people.

 

Presidential appointees owe their allegiance to the President although some serve with the "advice and consent" of the Senate. As part of the "checks and balances" system, this serves to place some constraints on presidents (usually only if Senate is controlled by the other party).

There are many who argue that this allows special interests to dominate the appointment process (this sees the Senate as a conduit for special interests- ie., the Cozy or Iron Triangle)


The power of appointment is thus constrained by:


1) the availability and willingness of people to serve

2) the consent of the Senate and special interests



2) the career civil service



the vast majority of "career bureaucrats" who owe their positions to expertise as measured through competitive examination, educational attainment, performance evaluation, ie. "merit"


over the years this system has produced the following generic qualities of career bureaucrats:


1) high socio-economic status

2) high educational levels

3) white

4) male



rewards became more standardized beginning with the Classification Act of 1923 which established pay schedules. People get equal pay for equal work responsibilities


What is the impact of this system on Presidential/ Bureaucratic relations?

 

Many argue that it creates another "branch of government" with its own goals (system stability) and conservative agenda (maintenance of current situation)

Many also argue that it sets up a unique set of relationships known as "the cozy or iron triangle" which has a separate objective from the public purpose.


The Cozy Triangle

In the Cozy of Iron Triangle identified by Lowi, each of these three actors acts rationally-pursuing their self-interest-at the expense of "the public interest"

the "self-interest" of the bureaucracy is persistence and expansion


The Civil Service Reform Act of 1883, also known as the Pendleton Act, created the Civil Service Commission which:


1) approves civil service regulations

2) is the final judge of appeals

3) defends the merit system

4) tries to prevent political activity

5) tries to solve personnel problems


the Commission makes it virtually impossible to fire someone except "for cause". Many argue that this provides "permanent" employment to those once in "the system". After this happens, individuals (acting rationally) seek to make their life easier and thus accommodate those most in contact with--special interest and congressional committees. Thus the Cozy or Iron Triangle affects the behavior of individuals within organizations.

Indeed, some classify federal agencies (with the exception of those that "preserve the Union"-Treasury, Justice, State and Defense---Homeland Security??) as either clientele (created to satisfy the desires of a particular special interest such as education) or regulatory (agencies designed to eliminate or restrict certain behaviors such as EPA) agencies.


Both clientele and regulatory agencies are perfect arenas for the Cozy or Iron Triangle - either trying to get an agency to serve its interests or make sure that an agency regulates an interest favorably


They are able to do this because of the bureaucratic or administrative DISCRETION that most agencies have with respect to rule-making and adjudication. (Remember most legislation is a broad grant of power and it is then up to the bureaucracy to apply and adjudicate!)


Discretion = Power


So what we wind up with, what many argue, is a fourth branch of government, with greater "tenure" than any executive of legislator, that seeks to operate rationally to preserve itself and expand its power!


One of the keys to power is money-the budget-and will talk more about this in a few weeks. But, thought you'd like to know:


The Informal Budget Strategy of Public Organizations:


1) spend all of your appropriation

2) never request less than your current allocation

3) put top priority items (even if new) into existing programs

4) any increases desired should be made to appear small

5) give them something to cut




Q: How does a president control the bureaucracy?

A: Virtually impossible, but here are the options:


1) benign neglect


You really can do anything to an agency since they have so many supporters in Congress that the most you can do is try to ignore and neglect them. Cut money from their budget (but expect congressional supporters to put it back in (line item veto!?!).


2) create a new agency


the Legislative Reorganization Act of 1949 gives President the power to create new agencies unless vetoed by one house of the legislature within 60 days (product of the Hoover Commission)

 

3) reorganize

The Reorganization Act of 1939 gives President the ability to transfer or consolidate the organizations of government unless the plans are vetoed by both houses of the legislature within 60 days (product of the Brownlow Commission)


Presidents are generally not successful in their attempts to reorganize:


1) general inertia/ apathy

2) not enough time/ other problems

3) opposition by both special interests and Congress


It has been argued that the threat of reorganization is often enough


However,

things tend to remain the same



Reagan came to power promising to cut the number of bureaucracies and the number of people in the bureaucracy


the number of bureaucracies expanded!

The number of bureaucrats grew!