Pol Lecture 12 and 13 Ch 8.doc

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Political Science
Cheryl Boudreau

3514Pol Lecture 12 The Bureaucracy Word of the DayFederal Communication Commission FCC independent agency charged with regulating interstate and international communications by radio TV wire satellite and cablecommunications such as Fleeting expletivesPassing references to excretory and sexual materialie the S word and the F wordFoulmouthed Glitteratae from Hollywoodpeople have been telling me Im on the way out every year right So Fem Cher 2002 Billboard Music AwardsFoulmouthed Glitteratae from WashingtonVice president Joe Biden commenting on the passage of the Patient Protection and Affordable Care Act in 2004 changed policy to fine broadcasters up to 325000 every time fleeting expletives are allowed on the airFCC v Fox Television StationsSupreme Court held that FCC could impose fines of this magnitude for fleeting expletivesndleft First Amendment issue for 2 Circuit Court of Appeals to determinesecond circuit recently held that the FCCs fines violates the First Amendment broadcasters have no way of knowing what the FCC will find offensive no adequate guidance as to what patently offensive meanssecond circuit held that by having vague regulations they were chilling speechFCC is an independent agencyillustrates the complex relationship between agencies courts Congress and the public lots of conservatives affectedshows an agencys power to regulate but this power is not unlimited or uncheckedThe Bureaucracythere are more complex issues and questions raised by the modern federal bureaucracya bureaucracy is a diverse collection of departments agencies bureaus commissions and other units of the executive branch that carry out national policiesthe roots of the bureaucracy are found in the Constitution which authorizes Congress to make laws and the president to see that they are faithfully executedpresidents as a principal necessarily delegated their authority to their agents in the executive branchin the nations earliest years these agents delivered the mail collected the customs duties and excise taxes prosecuted violations of federal laws and managed relations with foreign nationsdo you think the Framers envisioned the huge bureaucracy of the federal government that we have today which employs some 29 million nonmilitary personnelprobably notthe modern bureaucracy mirrors in a very direct way the pluralistic nature of American politics and societyevery new agency has been brought into being by a unique configuration of political forces and reflects in its mandate an organization the attempt of a successful policy coalition to perserve its victory through institutional design homeland securityThe Development of the Federal Bureaucracythe Framers viewed the executive as the necessary source of energy in the government but questions of administration received little attention at the Constitutional Conventionthe Constitution said little about how the executive would be organizedfrom the beginning Congress was wary of delegating too much power to the executive but realized the impracticality of delegating too littleJohn Adams served on ninety committees and worked eighteen hours a day while in Congress Modern Beginnings The Dilemma of Delegationthe first Congress began the foundations of the executive branch by reestablishing the departments that had existed under the Articles treasuryforeign affairs renamed Statewarcongress also authorized the hiring of an attorney general to give the president and department heads legal advicethe larger departments were soon subdivided into a few more specialized offices called bureauscongress set up single officials to be responsible for the departments operationshowever it was unclear whether they should report to the congress orthe president the Constitution was ambiguous on the issue as well whether or not the president who could appoint officials could also remove them this issue was later resolved to give the president sole removal powercongress faced the dilemma of delegationthe advantages were cleara unified executive could energetically and efficiently implement the laws passed bu Congress however what if the executive attempted to pursue ends contrary to those of congressional majoritiesThe resolutiondelegate but incorporate institutional controls that would maintain the agencies responsiveness to Congress this was accomplished primarily through the power of the pursethe executive struggled with the same dilemmaeven the skimpy government of the Federalist period was too large to be managed by the president and his cabinet alonehow could they ensure that agents acting ostensibly on their behalf would faithfully carry out official policiesThe Federalist Years A Reliance on Respectabilityfor many decades the federal government had few responsibilitiesGeorge Washington had so few staff that he would sometimes call in his cabinet chiefs to take dictationdelegation was difficultlong distancesprimitive conditions between the capital and the statesmost federal workers worked far from their bossesoccupied with delivering the mail
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