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Institutions of American Government
Module 4.3: The Bureaucracy
Section 5: Tools & Checks on Bureaucracy
Tools of Bureaucracy
Functional tools• Regulation• Administration• Adjudication
Procedural tools•Standard Operating Procedures•Scientific Public Policy Process
•Cost/benefit analysis•Risk assessment•Impact statements•Performance reviews
•Administrative discretion
Political tools•Agency Staff•Lobbyists•Administrative discretion
Structural tools•Enabling legislation•Chain of command•Departmental specialization•Budgets•Discretionary funds
The Problem:• Congress establishes
administrative & regulatory agencies through enabling acts
• Enabling acts often vague in construction
• Bureaucracies enjoy a high degree of autonomy from both Congress and the Presidency due to enabling acts and the Civil Service system
• Congressmen face electoral pressure; bureaucrats don’t
• Congress is structurally representative; bureaucracies aren’t
Regulatory Board
Enforcement Division
Adjudication Division
Inspectors
Administrators
Ombudsman
Review Board
Possible Solution #1Legal action: Individuals may file civil lawsuits against some
agencies or individual agents
Pro:•Agency actions a matter of public record•Ensures Constitutional basis for redress of grievances•Independent Judiciary ensures a third party hears the grievance
Con:•Lawsuits may drag on for years without resolution•Lawsuits incur enormous legal expenses•Paper trail generally favors the agency•Agency resources generally outweigh plaintiff resources
Possible Solution #2Presidential oversight: Because the bureaucracy is technically part of the executive branch, some agencies are directly administered
by the President
Pro:•Ensures Constitutional basis for executive power•Agencies directly accountable to the President•Clear point of contact for citizen petition
Con:•Most bureaucracies administered independently from the President•Citizen access to presidential audience severely limited•Agencies have greater access to Presidential audience•Presidents generally favor agency action
Possible Solution #3Congressional Oversight: Congress may prescribe specific actions which
agencies must follow; Congress may extend or limit appropriations for the agency
Pro:•Congress’ “power of the purse” directly affects agency interests•Congressional action may reform or eliminate bureaucracies entirely•Congress is the most accessible of the branches of government
Con:•Agencies maintain a staff of lobbyists to secure funding•Citizen complaints generally must reach a “critical mass” before action is taken•Congressional action requires both legislation and deliberation•Congressmen may use bureaus for electoral advantage
The Iron Triangle• A three-way “alliance” among voters, elected officials,
and agencies to secure their respective interests
Voter
CongressAgency
elects
establishes
serv
ices
interrruption
inqu
ires
stonewalling
complains
staffassigns
inquirescomplains
pressures
Restores service
Re-electsLevel
1Level
2Level
3