Unit 2: The Three Branches

Early Examples – The Bank of the United States and the Post Office

“Necessary and Proper Clause” Created by Congress as part of the Executive Branch with legal

guidelines, roles, powers, and procedures Environmental Protection Agency – Clean Water Act and Clean Air Act

Many have legislative, executive and judicial powers SCOTUS has retained right to judicial review of bureaucracy

procedures and judgments (Agency Deference Issues) Congressional Spending Oversight Explosion of bureaucracy in modern era (Interstate Commerce

Clause)

History

Early History – Spoils system Assassination of James Garfield (1881) The Pendleton Act of 1883

Bipartisan Civil Service Commission Civil Service Exam

The Hatch Act of 1939 Restrictions on campaigning for candidates

Civil Service Reform Act of 1978 Office of Personnel Management - hiring Merit Systems Protections Board - firing

Type of Agencies

Cabinet Departments Government Corporations

Make own funding – independent of Congress The Federal Reserve, FDIC, TVA, Post Office, Amtrak

Independent Executive Agencies Single Function (considered cabinet level) NASA, CIA, EPA, Civil Rights Commission

Independent Regulatory Agencies Regulate certain aspect of American economy OSHA, FAA, FDA, FTC, FCC, ICC, etc

Modern Issues

Grants – The Spending Clause Block Grants and Congressional Spending Power The Health Care Cases (2012)

Iron Triangles Congressional oversight and interest groups

Turf Battles State Department, Defense Department, Intelligence Community and

Homeland Security Duplication

Customs Service, Coast Guard and DEA seek to prevent drug smuggling into country