The President must "take Care" that the laws are carried out, but no President can do it alone. The bureaucracy, the departments and agencies of the executive branch, does the daily work: delivering mail, forecasting weather, inspecting food, guarding borders, paying benefits.
| Kind | Features | Examples |
|---|---|---|
| Cabinet departments (15) | large; each headed by a secretary (the Justice Department by the Attorney General) who serves at the President's pleasure | State, Treasury, Defense, Justice, Homeland Security (the newest, 2002) |
| Independent executive agencies | outside the departments, with a narrower mission; heads usually removable by the President | NASA, the Environmental Protection Agency, the CIA |
| Independent regulatory commissions | make and enforce rules for one part of the economy; led by boards with fixed, overlapping terms and members of both parties | the Securities and Exchange Commission, the Federal Communications Commission, the Federal Reserve Board |
| Government corporations | businesses owned by the government, charging for services | the U.S. Postal Service, Amtrak |
Why it works
The Constitution mentions "executive Departments" and their "principal Officer," but no Cabinet. Washington began meeting with his department heads (State, Treasury, War, and the Attorney General), and the custom stuck; Congress creates every department by law. Who works there changed after 1881, when a disappointed office-seeker assassinated President Garfield. The Pendleton Act (1883) began the merit civil service: most federal jobs filled by competitive exam rather than as rewards for party loyalty (the "spoils system"). Supporters of a professional bureaucracy prize its expertise and neutrality; critics worry that unelected officials are hard to hold accountable. That tension is the next topic.
Key idea
The executive branch includes 15 Cabinet departments, independent agencies (such as NASA), independent regulatory commissions (such as the Federal Reserve Board and the SEC) and government corporations (such as the U.S. Postal Service). Most employees are hired through a merit civil service.
Worked example: Which kind?
An agency is run by a five-member commission with staggered terms, no more than three from one party, and it writes rules for the broadcast industry. What kind is it?
- A multi-member board with fixed, overlapping terms and party balance, regulating one industry.
- That describes an independent regulatory commission (the FCC).
Answer: An independent regulatory commission.
Worked example: Spoils or merit?
A new President fires thousands of postal clerks and replaces them with campaign workers. Which system is that, and what law ended it for most jobs?
- Jobs given as rewards for party loyalty are the spoils system.
- The Pendleton Act of 1883 began hiring by merit for most federal jobs.
Answer: The spoils system; the Pendleton Act.
Common mistake
Thinking the Cabinet is in the Constitution. The Constitution mentions "executive Departments" but no Cabinet; Washington began the practice, and Congress creates the departments by law. Check: the number of departments (now 15) has changed many times; anything set by statute can change without an amendment.