WHO CONTROLS THE BUREAUCRACY - PRESIDENTIAL POWER, CONGRESSIONAL DOMINANCE, LEGAL CONSTRAINTS, AND BUREAUCRATIC AUTONOMY IN A MODEL OF MULTIINSTITUTIONAL POLICY-MAKING
Th. Hammond et Jh. Knott, WHO CONTROLS THE BUREAUCRACY - PRESIDENTIAL POWER, CONGRESSIONAL DOMINANCE, LEGAL CONSTRAINTS, AND BUREAUCRATIC AUTONOMY IN A MODEL OF MULTIINSTITUTIONAL POLICY-MAKING, Journal of law, economics, & organization, 12(1), 1996, pp. 119-166
In the past 15 years a scholarly debate has developed in the United St
ates over the question ''Who controls the bureaucracy?'' Some have arg
ued that Congress has a dominant influence on the bureaucracy, some th
at the president plays the major role in managing the bureaucracy, and
others have emphasized the role of legal constraints on the bureaucra
cy, as enforced by the courts. Still others have asserted that the bur
eaucracy has a substantial amount of autonomy from the president, Cong
ress, and courts. This article presents a formal model of multiinstitu
tional policy-making that illuminates several key aspects of this deba
te. The model shows that there are conditions under which an agency wi
ll have considerable autonomy and conditions under which it will have
virtually none. The model also shows that when an agency lacks autonom
y, control of the agency usually cannot be attributed to just one inst
itution. Finally, the model has some important implications for empiri
cal tests of hypotheses about who controls the bureaucracy; among them
is the fact that the empirical literature on control of the bureaucra
cy is based on a logic that gives a seriously incomplete picture of ho
w the bureaucracy is controlled and who controls it.