Focus: How the federal bureaucracy is held accountable by the three branches of the federal government.
Goal: Explain Congress's oversight power and relationship with the executive branch, and how the President ensures agencies carry out responsibilities aligned with the administration's goals.
Importance of Federal Bureaucracy
Power and Responsibilities: Bureaucracy holds significant power over law implementation and execution.
Delegated Authority: Uses discretionary authority and rule-making procedures.
Congressional Oversight
Purpose: Ensure bureaucratic agencies implement laws as Congress intended.
Methods:
Committee Hearings: Involve agency directors testifying about law implementation progress.
Example: Judiciary committee hearing involving the FBI and abuse scandal among Olympic gymnasts.
Power of the Purse: Congress funds bureaucratic agencies. Agencies require spending authorization from Congress.
Budgetary Influence: Agencies not executing laws appropriately may receive reduced funding.
Budget and Empowerment Control Act of 1974: Enhanced Congress's power over budgetary decisions.
Presidential Oversight
Authority: Bureaucracy falls under presidential authority.
Methods:
Formal Powers:
Appointment: President appoints agency heads sympathetic to policy agenda.
Firing: Can fire certain bureaucratic positions to instill alignment with policy goals.
Example: Trump's firing of FBI Director James Comey.
Informal Powers:
Executive Orders: Utilize orders to enforce policy agenda.
Example: Johnson's Executive Order 11246 on civil rights and affirmative action.
Judicial Branch Oversight
Judicial Review: Courts can check bureaucratic power by ruling on constitutionality of regulations.
Court Rulings: Typically favor agencies unless there's a constitutional violation.
Challenges and Compliance
Bureaucratic Slowdown: Due to compliance monitoring, which is essential to ensure adherence to regulations.
Conclusion
Judicial Involvement: Judicial branch also plays a role in ensuring bureaucratic accountability.
Overall Impact: Oversight ensures bureaucracies operate within legal and policy confines.