Omar Bennett
The US Constitution outlines the legislative branch (Congress) as the law-making body, while the executive branch (the bureaucracy) is responsible for implementing these laws. The American bureaucracy is a network of federal agencies, primarily within the executive branch, that execute policies passed by Congress. While the Constitution does not frequently mention the federal bureaucracy, it does acknowledge the role of the President in appointing officers and seeking advice from executive departments, indicating an understanding of the bureaucracy's advisory and supportive role. The creation of federal offices and the establishment of their functions fall under the authority of Congress, which also has the power to influence the bureaucracy through budgetary control. The President, on the other hand, can shape the bureaucracy by appointing leaders in bureaucratic agencies, typically selecting individuals who align with their policy implementation vision. The growth of the federal bureaucracy and its acquisition of quasi-legislative powers have sparked debates about the separation of powers and the role of unelected government officials in policy-making.
| Characteristics | Values |
|---|---|
| Federal bureaucracy mentioned in the Constitution | Article II, Section 2 and Article II, Section 3 |
| Power to appoint leaders in bureaucratic agencies | The President |
| Number of leaders in bureaucratic agencies appointed by the President | 4,000 |
| Congress's authority | Creation of offices, determination of functions and jurisdiction, prescribing of qualifications and rules of eligibility of appointees, fixing of terms and compensation |
| Congress's power over the bureaucracy | Monitoring outputs and actions of agencies, setting up processes for citizens and interest groups to monitor agencies, intervening in the rulemaking process, influencing the federal budget |
| Political power gathered in bureaucratic hands | Growth of an administrative apparatus too large for popular control, placing power in private hands, investing discretionary authority in a public agency that does not serve the public good |
| Bureaucracy viewed as | An inevitable aspect of society |
| Bureaucracy growth attributed to | Parkinson's Law, Peter Principle |
| Bureaucracy as a whole | Possessed of all three governmental powers |
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What You'll Learn
Congress's authority to create federal offices
The US Constitution outlines the legislative branch, or Congress, as the branch of government responsible for making laws, while the executive branch, or bureaucracy, is responsible for implementing them. The Constitution grants Congress the authority to create federal offices and determine their functions, jurisdiction, and qualifications for appointees. This power is derived from the Necessary and Proper Clause, which enables Congress to create "offices" in a generic sense and establish their appointment methods.
Congress has broad authority to create government offices to carry out various statutory functions and directives. This includes deciding on the reasonable and relevant qualifications for appointees, as well as the rules of eligibility, and the term for which they will be appointed. However, it is important to note that the Supreme Court has placed limits on Congress's ability to influence or control the actions of officers once they are appointed.
The President also plays a significant role in the creation of federal offices by appointing officers, subject to Senate confirmation. The President's discretion in selecting officers is protected to ensure the fulfillment of their constitutional duty to execute the laws faithfully. The President's power to appoint leaders in bureaucratic agencies allows them to shape the bureaucracy according to their policy vision.
The growth of the federal bureaucracy over time has resulted from political decisions made by elected representatives. The increasing size and complexity of government have contributed to the expansion of the administrative component, leading to a more bureaucratic state. This evolution in governance has raised questions about the concentration of power and the balance between expertise and accountability in policy-making.
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The President's role in executing and enforcing laws
The US Constitution's Article II, Section 3, also known as the "Take Care Clause", outlines the President's role in executing and enforcing laws. This clause states that the President "shall take Care that the Laws be faithfully executed". While this appears to give the President broad enforcement authority, it is important to note that the President does not directly execute the laws. Instead, they are responsible for ensuring that their subordinates in the executive branch, such as the heads of various executive departments, faithfully execute the laws. The President has the power to assign responsibility and hold these subordinates accountable, removing them if they fail to execute the laws as required.
The President's duty includes superintending the administration, but they are not expected to act as the administrative officer of every department or bureau. They are, however, required to perform certain duties personally, such as granting reprieves and pardons for offences against the United States, and serving as the Commander-in-Chief of the armed forces. The President is also responsible for appointing the heads of Federal agencies, including the Cabinet, and more than 50 independent Federal commissions, such as the Federal Reserve Board and the Securities and Exchange Commission.
The Executive Branch, led by the President, is responsible for implementing and enforcing the laws written by Congress. This branch includes the Vice President, the Cabinet, and independent Federal agencies, such as the CIA, Environmental Protection Agency, and the Department of Defense. These departments and agencies carry out the day-to-day enforcement and administration of Federal laws, each with their own specific missions and responsibilities.
The Department of Justice (DOJ), headed by the Attorney General, is the central agency for enforcing Federal laws. The Attorney General advises the President and the heads of executive departments, and represents the United States in legal matters. The DOJ includes law enforcement agencies such as the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA).
In summary, while the President plays a crucial role in ensuring the faithful execution and enforcement of laws, they do so through the appointment and supervision of subordinates in the executive branch, who are directly responsible for implementing the laws. The President's powers and duties are outlined in the Constitution, specifically in Article II, and further interpreted through legal scholarship and Supreme Court decisions.
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The Necessary and Proper Clause
The interpretation of the Necessary and Proper Clause has been a subject of debate, with Founding Fathers like Thomas Jefferson, James Madison, and Alexander Hamilton offering differing views on the degree of connection required between the implemented power and the implementing law. In McCulloch v. Maryland (1819), the Supreme Court sided with Hamilton's loose interpretation, giving Congress broad authority to determine what is "necessary" for implementing federal powers. This case established that Congress has implied powers in addition to its enumerated powers, such as the power to establish a bank to aid in its power to tax and spend.
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The President's constitutional duty under Article II
Article II of the U.S. Constitution outlines the powers and duties of the President of the United States. It establishes the President as the Commander-in-Chief of the Army, Navy, and Militia of the United States. This power is, however, limited by the War Powers Clause in Article One, which gives Congress the exclusive right to declare war. The President can, however, repel sudden attacks and initiate military engagements as "military operations".
Article II also gives the President the power to appoint officers, subject to Senate confirmation. The appointment of inferior officers may be carried out by the President alone, or delegated to department heads or the courts. The President is also responsible for ensuring the faithful execution of federal laws and the Constitution, as outlined in the Take Care Clause. This includes the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
The President's role in the legislative process is also defined by Article II. The President has the power to convene and adjourn Congress, as well as to veto legislation passed by Congress. The President is also responsible for ensuring that the laws are faithfully executed, which includes enforcing constitutional laws and respecting Congress's authority over federal offices.
Finally, Article II sets out the requirements for becoming President. This includes being a natural-born citizen of the United States, being at least 35 years old, and having been a resident of the United States for at least 14 years. It also outlines the process for removing the President from office, which can be done through impeachment for treason, bribery, or other high crimes and misdemeanors.
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The early US bureaucracy
In the late 18th and early 19th centuries, the US had a small standing army, and the War Department expanded significantly during the Civil War. The Post Office was another early bureaucratic organization, marred by inefficiency and corruption due to political appointments.
During the 1800s, the bureaucracy grew rapidly as new demands were placed on the government, including the expansion westward and the need to manage land and its settlement. The Industrial Revolution also encouraged economic growth and the creation of more government agencies to regulate the expanding economy.
After the Civil War, the federal bureaucracy demobilized, except for a small Indian-fighting force. The number of federal employees decreased significantly after World War II, but the influence of federal bureaucrats increased.
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Frequently asked questions
The bureaucracy is a wide set of federal agencies housed in the executive branch responsible for executing the policies passed by Congress.
The President influences the bureaucracy by appointing leaders in bureaucratic agencies. The President must appoint officers, subject to Senate confirmation, although the appointment of inferior officers may be done by the President alone.
Congress creates government offices and provides for the method of appointment to those offices. They can also monitor the bureaucracy by regularly observing the outputs and actions of agencies.
Bureaucratic agencies have been granted quasi-legislative and quasi-judicial powers. They have the power to develop rules and regulations with the force of law and set up administrative courts to settle disputes about their implemented rules.
