The Federal Bureaucracy

The federal bureaucracy is the network of executive branch agencies that implement and enforce federal law. It employs more than two million civilians and has grown into a major locus of policymaking in its own right.

Congress writes laws in broad terms. Agencies fill in the details. The federal bureaucracy now consists of fifteen cabinet departments, dozens of independent agencies, and hundreds of subordinate offices, bureaus, and commissions. Together they employ more than two million civilians and spend most of the federal discretionary budget. The bureaucracy is technically part of the executive branch, headed by the President. In practice, much of it operates with considerable independence, both because civil service rules limit political interference with most employees and because Congress has structured many agencies to insulate them from direct presidential control. The bureaucracy makes policy in three main ways. First, it writes regulations that have the force of law. The rulemaking process is governed by the Administrative Procedure Act of 1946, which requires public notice, opportunity for comment, and reasoned decisionmaking. Second, it enforces existing law through investigations, inspections, and enforcement actions. Third, it adjudicates disputes through administrative tribunals like immigration courts and Social Security hearings. The growth of the bureaucracy has been one of the defining institutional developments of the twentieth century. The New Deal created the Securities and Exchange Commission, the Federal Communications Commission, and many others. The Great Society added more. The Environmental Protection Agency, the Occupational Safety and Health Administration, and the Consumer Product Safety Commission were created in the 1970s. Debate over the bureaucracy is constant. Defenders argue that complex modern problems require expertise and that Congress lacks the bandwidth to make every detailed regulatory decision. Critics argue that broad delegations of legislative authority to unelected officials violate the separation of powers and that the bureaucracy has become a fourth branch of government answerable to no one. The Supreme Court has begun reining in some of the broadest exercises of agency power in recent decades.