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Public Administration

USA: Federal Presidential Administration

Comparative Administration: USA, UK, France, China

Paper III · Unit 2 Section 3 of 12 0 PYQs 25 min

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USA: Federal Presidential Administration

2.1 Constitutional Framework

The US Constitution (1787, the world's oldest written federal constitution) establishes separation of powers with checks and balances:

  • Executive: President + Vice President + Cabinet (not answerable to Congress)
  • Legislative: Congress = Senate (100 senators, 2 per state) + House of Representatives (435 members, population-based)
  • Judicial: Supreme Court (9 justices, lifetime appointment) + lower federal courts

The 10th Amendment reserves powers not delegated to the federal government to the states — the foundation of dual federalism (later evolving to cooperative federalism).

2.2 The President's Administrative Powers

The US President is both Head of State and Head of Government — unlike India's President (ceremonial) or UK's monarch (ceremonial). Presidential administrative powers:

  1. Appointment power: Appoints over 4,000 federal positions (including Cabinet secretaries, ambassadors, federal judges) — Senate confirmation required for major posts.
  2. Executive Orders: Presidential directives with the force of law without Congressional approval (e.g., FDR's Japanese internment EO 9066, 1942; Biden's EO 13985 on equity, 2021).
  3. Veto power: Can veto bills; Congress can override with 2/3 majority.
  4. Budget authority: The Office of Management and Budget (OMB) within the Executive Office of the President prepares the federal budget.

2.3 US Civil Service

History of US Civil Service:

  • 1789–1829: Gentleman's class dominated appointments.
  • 1829–1883: Spoils/Patronage System — President Jackson introduced "to the victor belong the spoils." Resulted in inefficiency and the assassination of President Garfield (1881) by a disappointed office-seeker.
  • 1883: Pendleton Civil Service Reform Act — created the US Civil Service Commission, introduced competitive examinations for about 10% of federal jobs (now ~90%).
  • 1978: Civil Service Reform Act — replaced the Civil Service Commission with: (1) Office of Personnel Management (OPM) — HR management; (2) Merit Systems Protection Board (MSPB) — appeals; (3) Senior Executive Service (SES) — elite corps of ~8,000 senior managers.

Key features of US federal service:

  • Political appointees at top levels (Cabinet, sub-Cabinet, ambassadors) change with each administration
  • Career civil servants below them provide continuity
  • Hatch Act (1939): Prohibits federal employees from active political campaigning
  • Whistleblower Protection Act (1989): Protects federal employees who expose wrongdoing

2.4 Federalism and State Administration

The USA has 50 states, each with its own constitution, governor, legislature, and judiciary. State governors are directly elected (unlike Indian governors who are appointed). States have independent powers over education, policing, land, and local government — unlike India's states which operate within Union supremacy.