American Government
Mr. Bekemeyer
Congressional Checks on the Federal Bureaucracy
Introduction – The Department of Evil
1. OK, so this is a jokey article. But it is satire, meaning it refers to reality. Take a close look at the article, paying particular attention to the interaction between the Department of Evil and Congress. Based on the article, what are some specific ways that Congress “checks” the power of the federal bureaucracy?
#1 Congress Creates and Organizes the Federal Bureaucracy
2. According to the excerpt from Article II of the Constitution, new jobs in the executive branch can be created “by Law.” What does that mean?
3. Read the news story about the creation of the Department of Homeland Security in 2002, then examine the excerpt from the law, the organization chart of the new department, and the “Movement of Federal Agencies into Department of Homeland Security” table.
a. Who created the new Department?
b. Why was the Department created?
c. What is the purpose of the Department, according to the text of the law itself?
d. How was the Department to be organized?
e. Why is the Department known as an umbrella department?
4. Read the article, “Amendment Would Strip A Top Official of His Powers.” How does this new story demonstrate the power of Congress over the executive bureaucracy?
#2 Congress Delegates Power to the Federal Bureaucracy
The chief way that federal agencies implement policy is through rulemaking or the enactment of regulations – establishing how a law passed by Congress will work in practice. Rules, once enacted, carry the power of law.
5. In 1970, Congress passed – and the President signed – the Occupational Safety and Health Act. Read the excerpt from the act.
a. What is the purpose of the law?
b. What kind of authority does the law give to the Secretary of Labor and the newly created Occupational Safety and Health Administration (OSHA)?
6. Over the years, OSHA has used its authority under the Occupational Safety and Health Act to establish rules for workplace environments. Read the excerpt from OSHA’s rules for employers.
a. What seems to be the general purpose of the rules?
b. Why do you think Congress delegated to OSHA the power to create specific rules? In other words, why didn’t Congress establish the rules themselves?
c. The delegation of authority to the federal bureaucracy by Congress allows for bureaucratic discretion, the ability of bureaucrats to use their own judgment and make choices concerning the best way to implement federal law. What are the pros and cons of granting this sort of flexibility to the federal bureaucracy?
7. Read the excerpt from the 1972 Consumer Product Safety Act.
a. What is the purpose of the law?
b. What kind of authority does the law give to the Consumer Product Safety Commission?
8. Read the excerpts from the Administrative Procedure Act of 1941.
a. What standard practices are established for the issuance of regulations by the federal bureaucracy?
b. Why do you think Congress established a uniform process for enacting regulations?
9. Take a look at the three graphs that follow. How do you think these three graphs together explain the increase in the number of rules found on the Federal Register?
10. Over the years, the Consumer Product Safety Commission has used its authority under the Consumer Product Safety Act to establish rules governing consumer products. Read the excerpt from these rules.
a. What seems to be the general purpose of the rules?
b. Why do you think Congress delegated to the CPSC the power to create specific rules? In other words, why didn’t Congress establish the rules themselves?
11. Read the excerpt from the “Food and Drug Administration’s ‘Proposed Cigarette Product Warning Labels’ web page, and examine the proposed warning labels.
a. What changes is the FDA making to cigarette warning labels?
b. What law gave the FDA the power to do this?
c. Do you think this measure is too drastic?
12. Read “Workplace Health Initiative Rejected.” According to this article, how can Congress respond to a rule that a majority finds undesirable? How is this different from the old “legislative veto”?
#3 Congress Appropriates Money to Be Spent by the Federal Bureaucracy
13. Examine the screenshots from the House and Senate appropriations committees. What parts of the federal bureaucracy do you think each subcommittee handles?
14. Read “Vote Spells Trouble For National School Test.” How did the Republican Congress respond to President Clinton’s directive to his Department of Education to establish national education exams? How effective was this move on the part of Congress?
15. Read the Wikipedia entry on the Impoundment Control Act. Has this law given more power to Congress or to the President over the federal budget?
16. Read the last two articles in the section. Why do some Congresspersons think eliminating earmarks would give the President too much power?
#4 Congressional Committees Conduct Investigations of the Federal Bureaucracy
Congressional oversight refers to the “review, monitoring, and supervision of the implementation of public policy” by the federal bureaucracy. Hearings and investigations are some of the primary tools used by Congress to hold the federal bureaucracy accountable. Congressional committees have the power of subpoena – to require a person to appear before them and give testimony.
17. According to the excerpt from “Congressional Oversight Manual. . .”
a. What is the purpose of Congressional oversight of the federal bureaucracy?
b. Why has Congress shown greater interest over the last fifty to sixty years or so?
c. Who in Congress is in charge of oversight?
18. Read the excerpt from the website of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina and “Brown Defends FEMA Response.”
a. What was the purpose of the committee?
b. How long was it supposed to exist?
c. How did Michael Brown, a Bush appointee, respond to questioning by the committee?
19. Read “GOP's Darrell Issa Plans Hundreds of Oversight Hearings.”
a. What are the Republican party’s plans in the House over the next two years?
b. In what way do you think this strategy is motive by party politics?
20. Read “Facing Congress, Clinton Defends Her Actions.” What committee conducted this oversight hearing on the State Department? What was the topic of the hearing?
21. Read “Obama Executive Privilege Claim.” What is executive privilege? How does it reduce Congress’ power to conduct oversight over the federal executive branch?
22. Is Congress’ investigative power a significant check on the federal bureaucracy? Explain.
#5 Congress Requires Mandatory Reports from the Federal Bureaucracy
23. Examine the items in the “#5 Congress Requires Mandatory Reports from the Federal Bureaucracy” section of your handout.
a. What is mandatory reporting?
b. What is the purpose of creating mandatory reporting requirements?
c. Based on the contents of the “Reports Made to Congress” book, how common is mandatory reporting?
d. What can Congress do if a federal agency ignores its mandatory reporting requirements?
#6 The Government Accountability Office (GAO) Conducts Independent Investigations of the Federal Bureaucracy
24. Read the items in the “#6 Government Accountability Office (GAO)” section.
a. What is the purpose of the GAO?
b. How does it work to meet this purpose?
c. Describe the news item relating to a GAO report on the Department of Homeland Security’s “virtual fence” initiative?
d. How powerful of a check do you think the GAO is?
#7 Senate Confirmation of Presidential Appointees
25. Read the excerpts from Article II of the Constitution. What does it stipulate? What body of Congress is in charge of confirmation?
26. Based on the “Types of Federal Employees” graph, approximately what percentage of civil servants (unelected bureaucrats in the federal bureaucracy) are presidential appointees?
27. Read the “Senate Confirmation FAQ” and “Senate Mostly Blamed.” Describe the difficulties faced by presidents in the confirmation process in the Senate. What accounts for these difficulties? Why is the Senate an especially difficult site for the confirmation process?
28. Read “In a Landmark Vote.” How might the change in the Senate rules impact the balance of power between Congress and the federal bureaucracy?
29. Read “Susan Rice Withdraws as Candidate” and “John Kerry Confirmed.” Why did this presidential nominee for Secretary of State withdraw her name from consideration? How did John Kerry do in his Senate confirmation?
30. Read the excerpts from Article II of the Constitution describing the President’s recess appointment power. Describe that power.
31. Read “President Sends Bolton to U.N., Bypasses Senate” and “Obama Bypasses Senate Process, Filling 15 Posts.”
a. Why did the two presidents use their power of recess appointments? Why were their nominees held up by Congress?
b. What was Congress’ reaction to the appointments?
32. How does the federal court ruling described in “Court Rejects Obama Move” limit the President’s power to make recess appointments?
#8 Impeachment
33. Examine the list of federal officials impeached by Congress since 1790. What kinds of federal officers have been most subject to impeachment? Why do you think that is?
34. How common is impeachment as a check on the executive branch?
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