Essay: Exam questions on congress and bureaucracy

POLITICAL SCIENCE 338
FINAL EXAMINATION–Written Component
1. How do the standards and burdens of proof affect the efficacy of delegation?
The standards and burden of proof negatively affect the efficacy of delegation, and examples as mentioned in class discussion include the EPA and FDA. First, the EPA assumes a large burden of proof due to their responsibility to prove if a chemical, or process like hydraulic fracturing, is bad for the environment. These procedures make it increasingly difficult for the EPA to produce effective legislation, and they often take a lot of time to research. On the other hand, the FDA has an easier time delegating legislation because the multiple organizations the FDA monitors are responsible for the burden of proof. While some bureaucracies have to advocate their positions to defend their burden of proof, others have the opportunity to delegate those burdens to the organizations they monitor.
2. How is the dilemma Congress faces in delegation to bureaucracy similar to the dilemma the public faces in assigning policy making authority to Congress?
The issue that Congress has delegating out to the bureaucracy has been referred to as Madison’s dilemma, where the authority given to an actor is too weak, and they do not have the resources or ability to accomplish the task, or it they are too strong, and do not take their delegation seriously. Similarly, the public deals with this when assigning policy making authority to Congress. For both to work, the delegating party is placing their trust in a everchanging system, and once the powers have been delegated there is little oversight. Once power has been given to either a bureaucratic agency, or a congressperson, it ultimately depends on the strength of they have, and ability to make meaningful action as a result.
3. Please discuss Robert Reich’s thoughts on Congress and bureaucracy.
As former Secretary of Labor under Bill Clinton, Robert Reich has had plenty experience dealing with both Congress and the Bureaucracy. Recently, Reich has released a few documentaries that paint each governmental component in a negative light. In his documentary Inequality For All, Reich shows that legislation passed by Congress has disproportionately affected the economic development of the middle class in America. Additionally, he proves the the bureaucracy is not without fault because they exercise blindness to the issues a majority of American citizens are facing, and are not implementing regulations to aid U.S. economic development. Having been criticized as a ‘communist’, Robert Reich aims to prove that in fact he is a moderate capitalist that wishes for Congress and bureaucracy to take the needs of the American people seriously.
4. Please explain the meaning of the title of the documentary, A Perfect Candidate.
Looking at the documentary, Virginia was tasked with choosing between the better of two evils, Charles Robb or Oliver North. Also, initially a candidate may seem like a great choice, and will later be found to be morally questionable. For example, Bill Clinton was a Rhodes Scholar and had graduated from Yale Law School, he was charismatic, charming, and a good ol’ southern boy. However, as we saw in the 1990’s, Clinton made several headlines for sexual relations with White House staff, and infidelity towards his wife. As a title, A Perfect Candidate is perfectly satirical in that in reality there can never be a perfect candidate. Somewhere, someone will find a flaw in a candidate’s credentials and therefore they cannot be perfect.
5. Please comment on the power of OIRA.
The Office of Information and Regulatory Affairs is a subdivision of the Office of MAnagement and Budget tasked with the power of reviewing regulations set forth by the Executive branch. Through Regulatory Impact Analysis, the OIRA processes and analyzes regulations produced by any part of the executive branch, including the bureaucracies. Additionally, OIRA oversees information policy, privacy, and statistical policy recommendations that are made by agencies, and if the policy recommendations do not comply, then OIRA eliminate the policy or shut the agency down. Also, because OIRA is apart of the executive bureaucracy in and of itself it gives the executive branch the power of overseeing itself essentially. This is controversial, and retains power without have an outside source of oversight that can make sure OIRA is actually testing the validity of policy changes.
6. Why do McCubbins and Cox refer to parties as legislative cartels?
McCubbins and Cox refer to parties as legislative cartels for multiple reasons. First and foremost, parties are interested in advancing their agenda and making themselves more powerful. Second, they have to squash other parties that threaten their position in Washington. Then, parties battle within Congress to make self-serving legislation and attempt to place party members in key committee roles to increase the chances of getting a policy passed. For cartels, the name of the game is power, and even if members do not completely align with the party, they are better off to stay loyal to a party with power, than to leave to a party with less influence.
7. What is the basic logic of the argument that McCubbins & Cox make about the medians of the political parties?
McCubbins and Cox believe that parties impose their members into leadership positions to pursue the collective interests of the party, thereby giving the party more power. Majority party medians are tasked with promoting party interests without also promoting fringe interests from opposing parties. Party medians often hold a significant amount of power as they’ve worked through the party, and have proven to represent the interests of their district.
8. What is the difference between fire alarm and police patrol oversight? How does the APA help “stack the deck” to favor the constituency a law was passed to benefit?
The primary difference between fire alarm and police oversight is that fire alarm oversight is retroactive and police oversight is proactive. Fire alarm oversight handles minimizing problems that have already arisen, and through investigations, hearings, and mandatory reports the problem can be solved. Then, in police oversight preventative measures are put in place such as rules and regulations set by the APA, so that issues do not occur. Furthermore, the APA “stacks the deck” to favor the constituency a law benefits by controlling what regulations are set, and softening regulations to benefit the constituents of legislation that was passed.
9. How has the U.S. Congress lost power to the executive and judicial branches of the government?
First, Congress lost power to the executive by giving regulatory authority to the executive so that they essentially self govern without an outside power check. Then, the judicial branch has the right strike down anything Congress does as unconstitutional, also known as judicial review. This overview grants the Supreme Court incredible amount of discretion when concerning the actions taken by Congress and has decreased Congressional power.
10. What issues are raised by the 20th and 21st century diminution of the U.S. Congress?
In the 20th and 21st century, issues of checks and balances and burden of proof have arisen in regards to Congress. To begin, the separation of powers has become an issue because the executive branch regulates its own bureaucracies and agencies with little Congressional oversight. Moreover, the burden of proof rests on Congress when drafting and passing legislation that can be overturned by the judicial branch. It also does not help that Congress often gets caught in gridlock with a two-party system that cannot agree to pass legislation in the first place.
.