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THE CIVIL SERVICE AND INDEPENDENT AGENCIES
NESTOR ROSA, CHRISTINA PAGAN, ANASTASIYA SERGEYEVA, TENZIN SONAM
How does a civil service employee enforce or promote animal rights?
The Civil Service
Civil Service: civilian employees who perform administrative work for the government
A Civil servant is a person in the public sector employed for a government department or agency
The Constitution says very little when is comes to the staffing of the federal bureaucracy, the only direct reference is in Article II, Section 2, Clause 2
“shall nominate, and by and with the Advice and Consent of the Senate……in the Heads of Departments.” (Art. II, Sec. 2, Cl. 2)
Vocabulary: Spoils
system Patronage Register bipartisan
Development of the Civil Service Civil service reformers have worked to
reduce corruption and political influence and promote merit in federal employment
In the Beginning: George Washington (1789) knew that the
success of the new government would mostly depend on those he appointed to office Result he favored members of his own party
Development of the Civil Service (Continued)
The Spoils System: the practice of giving offices and other favors of government to political supporters and friends. President Andrew Jackson has been
called the father of the spoils system because he dismissed over 200 presidential appointees and 2,000 office holders with Jacksonian Democrats
Patronage: also the practice of giving jobs to supporters.
Calling Jackson the father of the spoils system seems somewhat unfair because patronage was widely in use at the state and local levels long before Jackson's presidency.
Reforming the Civil Service
Many believed that the spoils system was a way to build and hold power, so reform took place
Pendleton Act (Civil Service Act of 1883) Had the following:
A Civil Service Commission would be formed to administer tests to qualified applicants for government jobs
Competitive exams would be used to hire some government workers
Government employees would no longer be forced to make campaign contributions to political parties
Its main purpose was to make merit and set the basis for hiring, promoting, and other personnel activities in the federal work force
The Law set up two categories of employment in the executive branch, the classified and unclassified services
The Civil Service Today
Today 90% of all the men and women who work for the executive branch agencies are covered by the merit system
Because the goal of eliminating the spoils system was successful in the early years of the last century, a new purpose emerged: recruiting and keeping the best available people in the federal work force
Goal has succeeded because: Today most federal employees are hired through a competitive process Employees are paid and promoted on the basis of written evaluations by their
superiors Generally protected from disciplinary actions or dismissal for partisan reasons The Office of Personal Management (1978) is now the Federal Government’s
central personnel agency, it is an independent agency in the executive branch Registers: lists of those applications who pass its tests and are qualified for
employment Merit System Protection Board an independent agency that enforces
the merit principle in the federal bureaucracy Bipartisan: includes members from both parties
Independent Agencies
Until the 1880s, nearly all that the Federal Government did was done through its cabinet departments. Since then, Congress has created a large number of additional agencies
What are independent agencies? An agency in the United States government that is created by an act of Congress and is independent of the executive departments
Why are independent agencies separated from the executive departments? They do no fit well within any cabinet departments. Congress has given some agencies an independent status to protect them from partisan and pressure politics.
Vocabulary: independent
agencies independent
executive agencies
independent regulatory commissions
quasi-legislative
quasi-judicial
government corporation
Understanding Independent Agencies
There are three groups: independent executive agencies: agencies
headed by a single administrator with regional subunits but lacking cabinet status
independent regulatory commissions: agencies created by Congress designed to regulate important aspects of the nation’s economy and are largely beyond the reach of presidential control
government corporation: corporation within the executive branch subject to the president’s direction and control set by congress to carry out certain business like activities.
Independent Executive Agencies They are organized like Cabinet departments, the
difference between a cabinet department and an independent executive agency is that independent agencies do not have Cabinet status
Some agencies are not administrative and policy giants but they do important work and attract public notice (examples are: the Civil Rights Commission and Peace Corps)
Independent Regulatory Commissions
There are 10 agencies today and they are beyond the reach of presidential direction and control
Each is headed by a board or commission made up of five to seven members appointed by the President with Senate consent.
Congress has given them the power to administer the programs for which they were created.
Unlike the other independent agencies, the regulatory commissions are also quasi-legislative and quasi-judicial Quasi-legislative: having to do with powers that are to
some extent legislative Quasi-judicial: having to do with powers that are to some
extent judicial
Agency Date Est.
No. of Members
Terms
Major Functions
Board of Governors, Federal Reserve System
1913 7 14 years
Supervises banking system, practices; regulates money supply, use of credit in economy.
Federal Trade Commission (FTC)
1914 5 7 years
Enforces antitrust, other laws prohibiting unfair competition, price-fixing, false advertising, other unfair business practices
Securities and Exchange Commission (SEC)
1934 5 5 years
Regulates securities, other financial markets, investment companies, brokers; enforces laws prohibiting fraud, other dishonest investment practices
Federal Communications Commission (FCC)
1934 5 5 years
Regulates interstate and foreign communications by radio, television, wire, satellite, and cable
Nation Labor Relations Board (NLRB)
1935 5 5 years
Administers federal labor-management relations laws; hold collective bargaining elections; prevents, remedies
Federal Maritime Commission (FMC)
1936 5 5 years
Regulates waterborne foreign, domestic off-shore commerce of the United States; supervises rates, services.
Consumer Product Safety Commission (CPSC)
1972 5 5 years
Sets, enforces safety standards for consumer products; directs recall of unsafe products; conducts safety research, information programs.
Nuclear Regulatory Commission (NRC)
1974 5 5 years
Licenses, regulates all civilian nuclear facilities and civilian uses of nuclear materials.
Commodity Futures Trading Commission (CFTC)
1974 5 5 years
Regulates commodity exchanges, brokers, futures trading in agriculture, metal, other commodities.
Federal Energy Regulatory Commission (FERC)
1977 5 4 years
Regulates, sets rates for transmission, sale of natural gas, electricity, oil by pipeline; Licenses hydroelectric power projects.
Independent Regulatory Commissions
Government Corporations
Government corporations are within the executive branch and subject to the President’s direction and control It is setup much like a corporation in the private sector; it is run by a
board of directors with a general manager who directs the corporation’s operations according to the policies established by that board
Differences between government and private corporations: Congress decides the purpose for which the public agencies exist and the
functions they can perform All who work for these corporations are public employees The President selects most of the top officers of government corporations
with Senate confirmation Public agencies are financed by public funds appropriated by Congress and
not by private investors Set up by Congress to carry out certain business like activities There are now more than 50 of these corporations. (examples:
the U.S. Postal Service, the FDIC)
How does a civil service employees enforce or promote animal rights?
How are the civil service, independent agencies, and animal rights related? Jobs in the federal bureaucracy are covered by some part of the
civil service system The civil service gives the Civil Service exam to prospective
government employees Once they become employees, they work to enforce laws that
protect animal’s rights.
USDA APHIS (Animal and Plant Health Inspection Service)
Do government agencies help to protect animal rights? Yes they do, APHIS (Animal and Plant Health Inspection
Service) is an agency within the USDA. It administers the Animal Welfare Act and carries out wildlife damage management activities. APHIS helped to enact the Animal Welfare Act and the Horse Protection Act.
The Animal Welfare Act requires that minimum standards of care and treatment be provided for certain animals bred for commercial sale, used in research, transported commercially, or exhibited to the public.
The Horse Protection Act prohibits horses subjected to a process called soring from participating in exhibitions, sales, shows, or auctions.
Migratory Bird Conservation Commission
The Migratory Bird Conservation Commission was established in 1929 by the passage of the Migratory Bird Conservation Act, which was created and authorized to consider and approve any areas of land and/or water recommended by the Secretary of the Interior for purchase or rental by the U.S. Fish and Wildlife Service, and to fix the price or prices at which such areas may be purchased or rented.
North American Wetlands Conservation Act. This Act provides for Federal funding to encourage partnerships to protect, enhance, restore, and manage wetlands and other habitats for migratory birds and other fish and wildlife to carry out the North American Waterfowl Management Plan.
The Marine Mammal Commission is an independent agency of the U.S. Government, established under Title II of the Marine Mammal Act (1972)
The commission helps marine mammals by: undertaking a review and study of the
activities existing laws in the United States and participating in international conventions relating to marine mammals. Examples: The International Convention for
the Regulation of Whaling, the Whaling Convention Act of 1949, the Interim Convention on the Conservation of North Pacific Fur Seals and the Fur Seal Act of 1966
Marine Mammal Commission
Bibliography
Prentice Hall: American Government, William A. McClenaghan "Realty, National Wildlife Refuge System." U.S. Fish and Wildlife Service Home. Web. 07 Dec.
2011. <http://www.fws.gov/refuges/realty/mbcc.html>. "Migratory Bird Treaty Act of 1918." U.S. Fish and Wildlife Service Home. Web. 07 Dec. 2011.
<http://www.fws.gov/laws/lawsdigest/migtrea.html>. "Migratory Bird Treaty Act." Sialis Home - Helping Bluebirds and Other Small Cavity Nesters
Survive and Thrive. Web. 07 Dec. 2011. <http://www.sialis.org/mbta.htm>. Marine Mammal Commission. Web. 07 Dec. 2011. <http://mmc.gov/>. "Marine Mammal Protection Act - Office of Protected Resources - NOAA Fisheries." Home ::
NOAA Fisheries. Web. 07 Dec. 2011. <http://www.nmfs.noaa.gov/pr/laws/mmpa/>. "USA.gov | Independent Agencies and Government Corporations." USA.gov: The U.S.
Government's Official Web Portal. Web. 07 Dec. 2011. <http://www.usa.gov/Agencies/Federal/Independent.shtml>.
Pictures: http://www.aphis.usda.gov/lpa/art_symbols/symbols.html
http://www.ardlinc.com/image/usda-aphis.gif
http://www.oceanlight.com/log/img/mmc_2007.jpg
http://www.sheddaquarium.org/images/articles/Shedd-Aquarium-Beluga-Whale-2.jpg
http://www.imata.org/uploads/animals/174_DolphinsLook.jpg
http://libcom.org/files/animal-rights[1].jpg http://www.jhsph.edu/bin/v/n/peace_corps.jpg