THE CIVIL SERVICE AND INDEPENDENT AGENCIES

NESTOR ROSA, CHRISTINA PAGAN, ANASTASIYA SERGEYEVA, TENZIN SONAM

How does a civil service employee enforce or promote animal rights?

The Civil Service

Civil Service: civilian employees who perform administrative work for the government

A Civil servant is a person in the public sector employed for a government department or agency

The Constitution says very little when is comes to the staffing of the federal bureaucracy, the only direct reference is in Article II, Section 2, Clause 2

“shall nominate, and by and with the Advice and Consent of the Senate……in the Heads of Departments.” (Art. II, Sec. 2, Cl. 2)

Vocabulary: Spoils

system Patronage Register bipartisan

Development of the Civil Service Civil service reformers have worked to

reduce corruption and political influence and promote merit in federal employment

In the Beginning: George Washington (1789) knew that the

success of the new government would mostly depend on those he appointed to office Result he favored members of his own party

Development of the Civil Service (Continued)

The Spoils System: the practice of giving offices and other favors of government to political supporters and friends. President Andrew Jackson has been

called the father of the spoils system because he dismissed over 200 presidential appointees and 2,000 office holders with Jacksonian Democrats

Patronage: also the practice of giving jobs to supporters.

Calling Jackson the father of the spoils system seems somewhat unfair because patronage was widely in use at the state and local levels long before Jackson's presidency.

Reforming the Civil Service

Many believed that the spoils system was a way to build and hold power, so reform took place

Pendleton Act (Civil Service Act of 1883) Had the following:

A Civil Service Commission would be formed to administer tests to qualified applicants for government jobs

Competitive exams would be used to hire some government workers

Government employees would no longer be forced to make campaign contributions to political parties

Its main purpose was to make merit and set the basis for hiring, promoting, and other personnel activities in the federal work force

The Law set up two categories of employment in the executive branch, the classified and unclassified services

The Civil Service Today

Today 90% of all the men and women who work for the executive branch agencies are covered by the merit system

Because the goal of eliminating the spoils system was successful in the early years of the last century, a new purpose emerged: recruiting and keeping the best available people in the federal work force

Goal has succeeded because: Today most federal employees are hired through a competitive process Employees are paid and promoted on the basis of written evaluations by their

superiors Generally protected from disciplinary actions or dismissal for partisan reasons The Office of Personal Management (1978) is now the Federal Government’s

central personnel agency, it is an independent agency in the executive branch Registers: lists of those applications who pass its tests and are qualified for

employment Merit System Protection Board an independent agency that enforces

the merit principle in the federal bureaucracy Bipartisan: includes members from both parties

Independent Agencies

Until the 1880s, nearly all that the Federal Government did was done through its cabinet departments. Since then, Congress has created a large number of additional agencies

What are independent agencies? An agency in the United States government that is created by an act of Congress and is independent of the executive departments

Why are independent agencies separated from the executive departments? They do no fit well within any cabinet departments. Congress has given some agencies an independent status to protect them from partisan and pressure politics.

Vocabulary: independent

agencies independent

executive agencies

independent regulatory commissions

quasi-legislative

quasi-judicial

government corporation

Understanding Independent Agencies

There are three groups: independent executive agencies: agencies

headed by a single administrator with regional subunits but lacking cabinet status

independent regulatory commissions: agencies created by Congress designed to regulate important aspects of the nation’s economy and are largely beyond the reach of presidential control

government corporation: corporation within the executive branch subject to the president’s direction and control set by congress to carry out certain business like activities.

Independent Executive Agencies They are organized like Cabinet departments, the

difference between a cabinet department and an independent executive agency is that independent agencies do not have Cabinet status

Some agencies are not administrative and policy giants but they do important work and attract public notice (examples are: the Civil Rights Commission and Peace Corps)

Independent Regulatory Commissions

There are 10 agencies today and they are beyond the reach of presidential direction and control

Each is headed by a board or commission made up of five to seven members appointed by the President with Senate consent.

Congress has given them the power to administer the programs for which they were created.

Unlike the other independent agencies, the regulatory commissions are also quasi-legislative and quasi-judicial Quasi-legislative: having to do with powers that are to

some extent legislative Quasi-judicial: having to do with powers that are to some

extent judicial

Agency Date Est.

No. of Members

Terms

Major Functions

Board of Governors, Federal Reserve System

1913 7 14 years

Supervises banking system, practices; regulates money supply, use of credit in economy.

Federal Trade Commission (FTC)

1914 5 7 years

Enforces antitrust, other laws prohibiting unfair competition, price-fixing, false advertising, other unfair business practices

Securities and Exchange Commission (SEC)

1934 5 5 years

Regulates securities, other financial markets, investment companies, brokers; enforces laws prohibiting fraud, other dishonest investment practices

Federal Communications Commission (FCC)

1934 5 5 years

Regulates interstate and foreign communications by radio, television, wire, satellite, and cable

Nation Labor Relations Board (NLRB)

1935 5 5 years

Administers federal labor-management relations laws; hold collective bargaining elections; prevents, remedies

Federal Maritime Commission (FMC)

1936 5 5 years

Regulates waterborne foreign, domestic off-shore commerce of the United States; supervises rates, services.

Consumer Product Safety Commission (CPSC)

1972 5 5 years

Sets, enforces safety standards for consumer products; directs recall of unsafe products; conducts safety research, information programs.

Nuclear Regulatory Commission (NRC)

1974 5 5 years

Licenses, regulates all civilian nuclear facilities and civilian uses of nuclear materials.

Commodity Futures Trading Commission (CFTC)

1974 5 5 years

Regulates commodity exchanges, brokers, futures trading in agriculture, metal, other commodities.

Federal Energy Regulatory Commission (FERC)

1977 5 4 years

Regulates, sets rates for transmission, sale of natural gas, electricity, oil by pipeline; Licenses hydroelectric power projects.

Independent Regulatory Commissions

Government Corporations

Government corporations are within the executive branch and subject to the President’s direction and control It is setup much like a corporation in the private sector; it is run by a

board of directors with a general manager who directs the corporation’s operations according to the policies established by that board

Differences between government and private corporations: Congress decides the purpose for which the public agencies exist and the

functions they can perform All who work for these corporations are public employees The President selects most of the top officers of government corporations

with Senate confirmation Public agencies are financed by public funds appropriated by Congress and

not by private investors Set up by Congress to carry out certain business like activities There are now more than 50 of these corporations. (examples:

the U.S. Postal Service, the FDIC)

How does a civil service employees enforce or promote animal rights?

How are the civil service, independent agencies, and animal rights related? Jobs in the federal bureaucracy are covered by some part of the

civil service system The civil service gives the Civil Service exam to prospective

government employees Once they become employees, they work to enforce laws that

protect animal’s rights.

USDA APHIS (Animal and Plant Health Inspection Service)

Do government agencies help to protect animal rights? Yes they do, APHIS (Animal and Plant Health Inspection

Service) is an agency within the USDA. It administers the Animal Welfare Act and carries out wildlife damage management activities. APHIS helped to enact the Animal Welfare Act and the Horse Protection Act.

The Animal Welfare Act requires that minimum standards of care and treatment be provided for certain animals bred for commercial sale, used in research, transported commercially, or exhibited to the public.

The Horse Protection Act prohibits horses subjected to a process called soring from participating in exhibitions, sales, shows, or auctions.

Migratory Bird Conservation Commission

The Migratory Bird Conservation Commission was established in 1929 by the passage of the Migratory Bird Conservation Act, which was created and authorized to consider and approve any areas of land and/or water recommended by the Secretary of the Interior for purchase or rental by the U.S. Fish and Wildlife Service, and to fix the price or prices at which such areas may be purchased or rented.

North American Wetlands Conservation Act. This Act provides for Federal funding to encourage partnerships to protect, enhance, restore, and manage wetlands and other habitats for migratory birds and other fish and wildlife to carry out the North American Waterfowl Management Plan. 

The Marine Mammal Commission is an independent agency of the U.S. Government, established under Title II of the Marine Mammal Act (1972)

The commission helps marine mammals by: undertaking a review and study of the

activities existing laws in the United States and participating in international conventions relating to marine mammals. Examples: The International Convention for

the Regulation of Whaling, the Whaling Convention Act of 1949, the Interim Convention on the Conservation of North Pacific Fur Seals and the Fur Seal Act of 1966

Marine Mammal Commission

Bibliography

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2011. <http://www.fws.gov/refuges/realty/mbcc.html>. "Migratory Bird Treaty Act of 1918." U.S. Fish and Wildlife Service Home. Web. 07 Dec. 2011.

<http://www.fws.gov/laws/lawsdigest/migtrea.html>.  "Migratory Bird Treaty Act." Sialis Home - Helping Bluebirds and Other Small Cavity Nesters

Survive and Thrive. Web. 07 Dec. 2011. <http://www.sialis.org/mbta.htm>. Marine Mammal Commission. Web. 07 Dec. 2011. <http://mmc.gov/>. "Marine Mammal Protection Act - Office of Protected Resources - NOAA Fisheries." Home ::

NOAA Fisheries. Web. 07 Dec. 2011. <http://www.nmfs.noaa.gov/pr/laws/mmpa/>. "USA.gov | Independent Agencies and Government Corporations." USA.gov: The U.S.

Government's Official Web Portal. Web. 07 Dec. 2011. <http://www.usa.gov/Agencies/Federal/Independent.shtml>.

Pictures: http://www.aphis.usda.gov/lpa/art_symbols/symbols.html

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http://www.oceanlight.com/log/img/mmc_2007.jpg

http://www.sheddaquarium.org/images/articles/Shedd-Aquarium-Beluga-Whale-2.jpg

http://www.imata.org/uploads/animals/174_DolphinsLook.jpg

http://libcom.org/files/animal-rights[1].jpg http://www.jhsph.edu/bin/v/n/peace_corps.jpg