AP US Government AMSCO Guided Notes

2.7: The Bureaucracy

AP US Government
AMSCO Guided Notes

AP US Government Guided Notes

AMSCO 2.7 - The Bureaucracy

Essential Questions

  1. How does the bureaucracy carry out the responsibilities of the federal government?
  2. How does the federal bureaucracy use delegated discretionary authority to make and implement rules?
  3. How is the bureaucracy held accountable by congressional oversight and by the president in carrying out goals of the administration?
  4. To what extent do the branches of government hold the bureaucracy accountable, given the competing interests of Congress, the president, and the federal courts?
I. Structure of the Bureaucracy

1. What is the federal bureaucracy and what are its primary responsibilities in the federal government?

A. Cabinet Secretaries

1. How many upper-level management positions does the president appoint and what qualifications do these appointees typically have?

B. Departments

1. How many executive departments exist and what is the role of each Cabinet secretary?

2. Which department is the largest and what are examples of newer departments?

C. Agencies

1. What is the relationship between departments and agencies, and how are agencies organized?

2. What are independent agencies and why does Congress structure them separately from departments?

D. Commissions and Government Corporations

1. How are independent commissions structured and why do members have staggered terms?

2. What are government corporations and how do they differ from traditional government agencies?

II. Tasks Performed by the Bureaucracy

A. Writing and Enforcing Regulations

1. Why does Congress delegate broad authority to agencies when creating legislation, and what is an example of this delegation?

2. How do independent regulatory agencies differ from other executive branch organizations in their power to shape national policy?

B. Enforcement and Fines

1. What is administrative adjudication and how do regulatory agencies use it to enforce compliance?

C. Testifying Before Congress

1. Why do Cabinet secretaries and agency directors frequently testify before congressional committees?

D. Iron Triangles and Issue Networks

1. What is an iron triangle and how do the three points benefit from their relationship?

2. How do issue networks differ from iron triangles in their structure and function?

3. What are the characteristics of issue networks and why have they become more influential in policymaking?

III. From Patronage to Merit

A. The Spoils System

1. What was the spoils system and how did it affect federal employment in the early United States?

2. How did the spoils system create opportunities for government corruption?

B. Civil Service Reform

1. What events and movements led to civil service reform in the late 1800s?

2. What did the Pendleton Civil Service Act of 1883 establish and how did it change federal employment?

3. How did the Industrial Era and new legislation like the Pure Food and Drug Act contribute to bureaucratic expansion?

C. Improving the Effectiveness of the Bureaucracy

1. What reforms did the Civil Service Reform Act of 1978 implement and what agency replaced the Civil Service Commission?

2. What was the National Performance Review and what problems did it identify in the federal bureaucracy?

IV. Delegated Discretionary Authority

1. What is the constitutional basis for bureaucratic departments and agencies?

A. Delegated Discretionary Authority

1. What is delegated discretionary authority and why does Congress grant it to executive agencies?

2. How can agencies claim broad authority even when legislation is vague or does not explicitly mention their jurisdiction?

B. Rule-Making Process

1. What factors prompt agencies to create new rules or refine existing ones?

C. A Transparent and Public Process

1. What is the Administrative Procedures Act and how does it ensure transparency in the rule-making process?

2. What opportunities do citizens and affected industries have to provide input on proposed regulations?

D. Congressional Responsibility in Rule Making

1. According to scholars Fox and Jordan, what three conditions must exist for Congress to delegate significant authority to the bureaucracy?

2. Why might Congress prefer to delegate unpopular regulatory decisions to the bureaucracy?

E. Implementing the Law

1. What three ways has Congress given the executive branch significant authority in implementing policy?

2. What information must agencies publish when finalizing new regulations and what is the purpose of the Federal Register?

F. Independent Regulatory Agencies

1. How are independent regulatory agencies structured and what protections exist to prevent presidential control?

2. How have recent Supreme Court decisions and leadership changes affected the power of the Federal Election Commission?

V. Accountability for the Bureaucracy

1. Why is it difficult to determine who is ultimately responsible for bureaucratic decisions?

A. Congressional Oversight

1. What was the first official exercise of congressional oversight and what authority did it establish?

2. How are House and Senate committees organized to provide oversight of executive agencies?

3. What types of hearings do congressional committees hold and what purposes do they serve?

B. Power of the Purse

1. How does Congress use its power of the purse to exercise oversight and control over agencies?

2. What is the difference between authorization of spending and appropriations?

C. The President and the Bureaucracy

1. How does the president use the Office of Information and Regulatory Affairs to influence agency regulations?

2. What formal and informal powers do presidents use to ensure the bureaucracy implements their policy goals?

D. Policy Challenges

1. What is compliance monitoring and how do agencies like the EPA ensure that regulated entities follow regulations?

VI. Competing Interests

1. Why is maintaining bureaucratic accountability challenging when multiple branches of government have competing interests?

A. Congress and the Final Say

1. What is committee clearance and how does it help Congress maintain control over agency actions?

2. What was the legislative veto and why did the Supreme Court strike it down in INS v. Chadha?

3. What congressional acts have been passed to increase transparency and protect federal employees?

B. Competition in the Executive Branch

1. How can differences between executive departments create friction and affect policy development?

2. What is "going native" and why is it a risky proposition for appointed bureaucrats?

3. What protections does the Whistleblower Protection Act provide and why is it important for government accountability?

C. The Courts and the Bureaucracy

1. What role do U.S. Circuit Courts of Appeals play in reviewing agency decisions and regulatory punishments?

2. What is the Chevron doctrine and how does it affect judicial review of agency decisions?

3. How do courts generally approach reviewing agency decisions when laws are vague or ambiguous?

Key Terms

bureaucracy

Civil Service Commission

Civil Service Reform Act (1978)

compliance monitoring

iron triangle

issue networks

merit system

National Performance Review

Office of Personnel Management

patronage

Pendleton Civil Service Act (1883)

spoils system

Administrative Procedures Act (1946)

Code of Federal Regulations

Department of Education

delegated discretionary authority

Department of Homeland Security

Department of Transportation

Environmental Protection Agency

Federal Election Commission

Federal Register

independent regulatory agencies

notice-and-comment opportunity

Department of Veterans Affairs

Securities and Exchange Commission

appropriations

authorization of spending

congressional oversight

Office of Information and Regulatory Affairs (OIRA)

power of the purse

Administrative Procedures Act (1946)

Whistleblower Protection Act (1989)

legislative veto