Which of the following is an example of a constitutional check against the bureaucracy

The Constitution divided the Government into three branches: legislative, executive, and judicial. That was an important decision because it gave specific powers to each branch and set up something called checks and balances. Just like the phrase sounds, the point of checks and balances was to make sure no one branch would be able to control too much power, and it created a separation of powers. Here are some examples of how the different branches work together:

• The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto.
• The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
• The executive branch, through the Federal agencies, has responsibility for day-to-day enforcement and administration of Federal laws. These Federal departments and agencies have missions and responsibilities that vary widely, from environmental protection to protecting the Nation’s borders.
• The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes.
• The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office.
• The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional.
• The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations.
• The judicial branch interprets laws, but the Senate in the legislative branch confirms the President’s nominations for judicial positions, and Congress can impeach any of those judges and remove them from office.

See our "Branches of Government" infographic to find the checks and balances you see illustrated.

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No matter which party controls the presidency or the Congress, the bureaucracy has continued to grow. In fact, one of the most conservative presidents in recent memory, George W. Bush, expanded the bureaucracy considerably in the wake of 9/11. An entirely new federal department, the Department of Homeland Security, was created to deal with domestic terror threats.

Like the media, the bureaucracy is often referred to as the Fourth Branch of government. In reality it is a part of the executive branch. The heads of the various departments—the secretary of state or defense or the attorney general—are nominated by the president and confirmed by the Senate.

Early on in our democracy, the bureaucracy was often used for patronage—the supporters of whatever politician was in power were appointed cushy federal jobs in exchange for their support. This largely changed as a result of widespread corruption and incompetence during the late 1800’s.

Although they don’t create policy per se, federal agencies do have policy making capability. Since the Great Depression and World War II, federal agencies have implemented scores of public policies on issues ranging from business, education, general welfare and public safety.

So What Exactly Are the Powers of the Bureaucracy?

The federal bureaucracy has wide-ranging powers over American citizens and businesses. Some complain about this, maintaining that since bureaucrats are unelected, they shouldn’t wield such vast power over the day-to-day affairs of Americans. The bureaucracy controls how most tax dollars are spent, too.

The two primary powers of the bureaucracy are rule making and rule adjudication. Although the Congress writes laws, these laws don’t have comprehensive instructions on how to carry them out—this task is left to bureaucrats, and gives them substantial leeway to interpret laws as they see fit (as well as how the president directs them through memoranda and executive orders).

When federal agencies create rules, they often have public hearings to allow for citizens’ input. When there is a violation of bureaucratic rules, by a citizen or business, the bureaucracy has the final say.

What Controls Are There on the Federal Bureaucracy?

The president has control over agencies’ budgets, as does the Office of Management and Budget, or OMB. The president can strip an agency of its power by failing to allocate it any funds. Courts can limit bureaucratic power through their rulings, and Congress can rewrite laws affecting how agencies are run, and what their missions are.

What Does the Bureaucracy Look Like?

There are two events that make the bureaucracy grow—wars and economic declines. During these times, the government allocates more funding and expands programs. Once an agency is created or given money, however, and programs are created, they are very hard to dismantle. This why bureaucracies grow even when the president is an advocate of smaller government.

Since the bureaucracy deals with so much, including maintenance of the highways and distribution of Social Security checks, it employs millions—roughly three million—people around the country. Some areas of the country have high numbers of federal employees, particularly Virginia and Maryland, which abut the federal capitol.

These days, bureaucracies aren’t really depositories for big donors. (Ambassadors’ posts are another story). Most bureaucrats are hired using the results of exams such as the Civil Service Exam and the Foreign Service Exam, and are highly trained and competent.

As mentioned, the bureaucracy is mostly part of the executive branch. Executive branch departments include the fifteen departments (cabinet-level posts) such as the Department of State, the Department of Commerce and the Department of Health and Human Services (HHS). One recent major program, Obamacare, comes under the purview of HHS.

There are also independent agencies with very specific tasks. These include the Consumer Product Safety Commission, which regulates product safety and issues recalls; the Environmental Protection Agency, which regulates air, land and water quality; the Federal Reserve (or, “the Fed”), which sets interest rates and regulates national banking and US bond markets; and NASA, or the National Aeronautics and Space Administration, which conducts space research.

Just because these agencies are not in the executive branch does not make them less important or powerful. In fact, with his ability to set interest rates, the Fed chairman has sometimes been referred to as the real most powerful man in the world.

Iron Triangles

A concept you will hear in AP® US Government & Politics is iron triangle. Iron triangles are relationships between federal agencies, the congressional committees that oversee them, and interest groups. These three institutions interact frequently and tend to influence each other’s decisions. Since interest groups can provide money and grassroots support to politicians, committees tend to give interests groups’ opinions considerable sway in the policy making process.

Bureaucrats like to make nice with legislators, too, as the legislatures could easily cut the agency’s budget in future years. Both agencies and legislators benefit from the specialized research and other information the issue groups can provide. And—when they retire from government—interest groups provide bureaucrats and politicians with cushy, lucrative jobs in the private sector.

OK—now why don’t we take a look at a sample free-response question from a past AP® US Government & Politics exam?

A Sample AP® US Government & Politics Free-Response (FRQ) Question

The federal bureaucracy as part of the executive branch exercises substantial independence in implementing governmental policies and programs. Most workers in the federal bureaucracy are civil-service employees who are organized under a merit system. Define one key characteristic of the merit system.

For each of the following, describe one factor that contributes to bureaucratic independence.

1. The structure of the federal bureaucracy

2. The complexity of public policy problems

For each of the following, explain one Constitutional provision that it can use to check the bureaucracy.

1. Congress

2. The courts

3. Interest groups

This seems like a long, involved question, but the answers are actually quite straightforward and short. For (a), we can simply note that a characteristic of the merit system is that bureaucrats are hired based on their score on an exam, such as the Civil Service Exam or the Foreign Service Exam.

For (b), we’ll note that the structure of the federal bureaucracy favors its independence since it is so vast—and dispersed across the country—that it is difficult for the other parts of the government to exert direct influence on every single employee. Thus, each agency typically has more control over its employees than Congress or the president does. The complexity of public policy problems gives agencies relative autonomy because they specialize in these issues, so Congress and the president are reliant on their advice and information to make decisions. Thus, the bureaucracy, in a way, can write its own ticket.

For (c), you have simple answers to give for each of the questions. Congress can check the bureaucracy by cutting or eliminating its budget. The courts can check the bureaucracy by invalidating their actions, if they are viewed as unconstitutional. And finally, interest groups can check the bureaucracy by clogging the pipeline of information that they deliver, or by lobbying Congress to stop the bureaucracy from doing something, or to order the bureaucracy to do something.

The Wrap Up

Remember how vast the bureaucracy is and how much influence it has on the day-to-day operation of government. Keep in mind that the bureaucracy is always growing, even under small-government presidents, and that it grows particularly during wartime and economic crises. And remember that it is very hard to shrink the size of the bureaucracy—once you give a benefit, it’s hard to take it away.

You should also try to remember the names of a few executive branch agencies (State) and a few independent agencies (NASA) and be able to say what they do in a nutshell. This will help you if you encounter an FRQ about the bureaucracy on the AP® US Government & Politics exam. Good luck.

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What checks does Congress have over the bureaucracy?

What is the most effective check the president has on the bureaucracy?

Which of the following is an example of checks and balances as established by the Constitution?