Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-322 Public Policymaking An Introduction NINTH EDITION JAMES E. ANDERSON Texas A&M University With Jeffrey Moyer and George Chichirau Australia • Brazil • Japan • Korea • Canada • Mexico • Singapore • United Kingdom • United States Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. 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To learn more about Cengage platforms and services, register or access your online learning solution, or purchase materials for your course, visit www.cengage.com. Printed in the United States of America Print Number: 01 Print Year: 2021 Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Contents Preface vii Chapter 1 The Study of Public Policy 1 The Plan of This Book 3 What Is Public Policy? 7 Constituent, Distributive, Regulatory, Self-Regulatory, and Redistributive Policies 12 Material and Symbolic Policies 18 Policies Involving Public Goods or Private Goods 19 Approaches to Policy Study 21 Political Systems Theory 21 Group Theory 22 Elite Theory 24 Institutionalism 26 Rational-Choice Theory 27 Informing Your Own Approach 29 Methodological Difficulties in Studying Public Policy 31 Chapter Review 34 For Further Exploration 35 Suggested Readings 35 Chapter 2 The Policy Makers and Their Environment 37 ­ ­ The Policy Environment 42 The Role of Social and Technological Change 49 The Official Policy Makers 50 Nongovernmental Participants 61 Levels of Politics 72 Case Study The Endangered Snail Darter 78 Chapter Review 79 For Further Exploration 80 Suggested Readings 81 iii Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. iv Contents Chapter 3 Policy Formation: Problems, Agendas, and Formulation 83 Policy Problems 85 The Policy Agenda 92 The Agenda-Setting Process 95 The Loss of Agenda Status 104 Two Cases in Agenda Setting 105 Case Study Coal Mine Safety 105 Case Study Environmental Pollution Control 109 The Formulation of Policy Proposals 112 Who Is Involved? 113 Policy Formulation as a Technical Process 117 Case Study Formulating Policy: The Patient Protection and Affordable Care Act 119 A Concluding Comment 124 Chapter Review 125 For Further Exploration 126 Suggested Readings 126 Chapter 4 Policy Adoption 128 Theories of Decision Making 130 Decision Criteria 135 Values 135 Political-Party Affiliation 138 Science 144 The Public Interest 146 Styles of Decision making 148 Bargaining 149 Persuasion 151 Presidential Decision making 156 Case Study Policy Adoption: Consumer Bankruptcy 161 Case Study Policy Adoption: The Family Smoking Prevention and Tobacco Control Act 167 Chapter Review 170 For Further Exploration 170 Suggested Readings 171 Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. v Contents Chapter 5 Budgeting and Public Policy 172 The Budget and Public Policy 173 Fiscal Policy 179 Case Study The U.S. Federal Government Response to the COVID-19 Recession 180 The National Budgetary Process 185 Case Study The Struggle to Balance the Budget 204 Chapter Review 211 For Further Exploration 212 Test Your Knowledge 212 Suggested Readings 212 Chapter 6 Policy Implementation 214 Federalism and Implementation 217 Case Study The Elementary and Secondary Education Act 219 Who Implements Policy? 222 Administrative Organization 230 Administrative Politics 233 Administrative Policy Making 240 Case Study The Nuclear Waste Disposal Act 248 Case Study The Total Maximum Daily Load Program 249 Techniques of Control 251 Case Study The Clean Air Act’s Emissions-Trading System 262 Compliance 264 Chapter Review 273 For Further Exploration 274 Suggested Readings 275 Chapter 7 Policy Impact, Evaluation, and Change 276 299 Policy Impact 277 Policy Evaluation 282 Policy Evaluation Processes 286 Case Study The GAO and Food Safety 289 Problems in Policy Evaluation 294 Policy Evaluation: The Use and Misuse of Cost–Benefit Analysis Case Study The Politics of Evaluation: Head Start 304 Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. vi Contents Policy Termination 309 Case Study The Policy Cycle: Airline Regulation and Deregulation 313 Chapter Review 322 For Further Exploration 322 Suggested Readings 323 Chapter 8 Reflections and Observations 324 Notes 337 Index 366 Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Preface ­ When Professor James Anderson’s 1st Edition of Public Policymaking was released, the Soviet Union still existed, President Bush (the Senior) was still in office, and we had not even started our primary education. Since then, Anderson’s text has served as one of the entry level texts in the field, and we were honored by Cengage Learning’s request to review and update this key volume so students today could benefit from it. In Public Policymaking: An Introduction, Ninth Edition, we see again that despite the din of the news cycle, little has changed in the fundamental structure of the political system, and we believe that policymaking is best presented as a policy cycle—a sequence of functional activities beginning with problem identification and agenda formation, and continuing through the evaluation of policy, which may result in the continuation, modification, or termination of policy. This may restart the policy cycle in a search for alternatives for handling a problem. The policy cycle schema is a workable and flexible approach to the study and analysis of public policymaking, whether in the United States or elsewhere. In addition, the text looks at some other ways to study policy formation (e.g., group theory and elite theory); makes some comparisons with action in other countries; and delves into some of the logistical aspects of policymaking, such as majority building, cost–benefit analysis, and decision-making. Since the eighth edition of this book was written, some of the fundamental assumptions of American political life and public policy have changed. Donald Trump rode a golden escalator down to announce his run for the Presidency, and despite few at the time taking him seriously, radically changed the nature of government and challenged the existing order. While Trump himself has since left office after being defeated by a “return to normalcy” campaign in the form of current President Joe Biden, few believe that the state of politics can ever return to what it was. Aside from anything former President Trump or current President Biden might have otherwise sought, the COVID-19 pandemic has recast the role of government and changed the culture, economy and society in ways we are only beginning to appreciate and understand. Similarly, the looming threat of climate change poses a challenge to leaders in the United States and elsewhere. The fundamental structure of the policymaking process remains as before. However, in the last decade not much of significance has made the journey through the policy cycle. Despite this, the framework remains crucial and useful for policy scholars, and as the incoming administration returns to the norms followed during the Obama administration, this traditional approach is likely to demonstrate more applicability than ever. vii Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. viii Preface As the subtitle indicates, Public Policymaking: An Introduction is intended to be a starting point for the study of public policymaking by giving some consideration to all of the stages or phases of the policymaking process. For those who wish to explore various stages more deeply, the suggested readings and websites listed at the end of each chapter will be helpful. After decades of studying the policy process, learning is still going on in this field. This book seeks impartiality and objectivity to the extent these values are possible or helpful. While we are unafraid to call a spade a spade, we have sought to provide analysis and teaching rather than preaching. Organization and Updates We have made a number of adjustments and additions to this text, but remain indebted to Professor Anderson for his concise descriptions of key concepts, thorough coverage of the field and scholarship within, and insightful analysis of the key concepts and theories. Much of our work consisted of providing a comprehensive update to the original examples, as well as the addition of more relatable content to new students of public policy. Many of Professor Anderson’s examples were timeless; in these cases we have simply retained his work, while adding additional context and updates (especially with regard to developments under the Obama and Trump administrations). In some places we have also sought to broaden the material to a non-US audience including the European Union. We have also added learning objectives placed at the beginning of each chapter based on Bloom’s learning taxonomy. Students can then test themselves at the end of the chapter to make sure they understood and retained key material. These addititions can also serve as the basis for writing prompts and class discussions. Chapter 1, “The Study of Public Policy,” has new material on the use of public policy in the career fields, the influence of social media on the development of public policy and discussion of developments in drug policy as an example of increasing popular influence in the political decision-making process. Chapter 2, “The Policy-Makers and Their Environment,” surveys the political environment, or context of policymaking, and presents the official and unofficial participants in the policy process. Material has been added on critical theories, regulation of social media, policy diffusion, electoral reform as well as numerous examples pertaining to the COVID-19 pandemic and inequality. We retained the Snail Darter case: though old, it remains seminal. Chapter 3, “Policy Formation: Problems, Agendas, and Formulation,” examines policy problems and agendas, agenda-setting processes, and the formulation (or crafting) of policy proposals. These are the pre-adoption aspects of the policy process. Here we have added discussion of Schneider & Ingram’s Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Preface ix social constructions of target populations theory, as well as significant updates to the environmental and health care examples to incorporate current events. Chapter 4, “Policy Adoption,” centers on decision-making processes and criteria and the adoption of policies. Here we have added discussion of new approaches to decision-making in public policy, updated consideration of political culture and partisan ideologies, material on the difficulties of measuring public opinion via polling, and developments on the filibuster. Chapter 5, “Budgeting and Public Policy,” discusses the national budgetary process because of its importance for the substance, implementation, and impact of public policies. Budgetary numbers are updated. There is a new case study on the U.S. federal government’s response to the COVID-19 recession, providing a broad overview of the most important fiscal and monetary policy debates arising from the arrival of the global pandemic. There is also more detail on the “ongoing saga of the struggle for a balanced budget” (in Professor Anderson’s words), which has been drastically impacted by the events of 2020. Chapter 6, “Policy Implementation,” roams over much ground to provide understanding of the implementation or administration of public policies. Changes here include new material on the evolution of the No Child Left Behind Act, the EPA under the Trump administration, an overview of general expenditures during 2020, the outlook for carbon emissions trading in the US, IRS enforcement of tax regulations and more. Chapter 7, “Policy Impact, Evaluation, and Change,” probes the effects of policies, their evaluation, and possible termination. Numerous limited modifications, additions, and deletions have been made here. There is more on education programs, accountability at the Pentagon, and net neutrality. The concluding case study on airline deregulation has also been slightly updated. Chapter 8, “Reflections and Observations,” goes beyond stating conclusions – as in previous versions. It is, rather, an informative essay on the American policymaking process. Instructor Resources Additional instructor resources for this product are available online. Instructor assets include an Instructor’s Manual, PowerPoint® slides, and a test bank powered by Cognero®. Sign up or sign in at www.cengage.com to search for and access this product and its online resources. Acknowledgments We wish to express our appreciation to all who have assisted in our revisions to this volume. At the request of Cengage Learning, several scholars provided pre-revision reviews. They provided many good ideas and suggestions for Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. x Preface change and improvement. We did not agree with everything that came through this process, but we nonetheless appreciated the time and engagement of these scholars. Our thanks go to the following professors for reviewing the text and offering their evaluations, comments, and suggestions: Dr. John M. Aughenbaugh Virginia Commonwealth University William Lester Jacksonville State University We would like to thank our colleagues and faculty at the University of Massachusetts, Boston for their mentorship and support to help us understand the field of public policy and the numerous scholars who have come before us – especially professors Mark Warren and Michael Johnson. Our work was greatly aided by the Politics editor at Cengage, Emily Hickey, who provided detailed feedback on each of the revised chapters and gave valuable insight on how to best approach thorny topics. Others such as Manoj Kumar, Lauren Gerrish, Sheila Moran, Carmine Scavo, and Chris Sabooni helped keep the project moving and bring it to a successful conclusion. Any shortcomings in the book—errors of fact or faulty judgments—are our own doing, so responsibility for them rests squarely with us. We would appreciate readers informing us about them. Jeffrey Moyer ­ George Chichirau Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 1 The Study of Public Policy Learning Objectives This chapter will introduce you to the study of public policy and define the framework by which scholars and practitioners understand the field and contributions to public life. After reading this chapter, you will be able to: 1-1 Discuss the definitions, problems, and benefits associated with a scientific policy studies approach to the field of public policy. 1-2 Understand what a public policy is and what it is not. 1-3 Discuss the problems, goals, demands, and outputs of various categories of public policy using relevant examples. 1-4 Appraise how each of the five theoretical approaches that scholars use for analyzing policy making generates knowledge and examines public policies. 1-5 Summarize the methodological difficulties that can encumber the study of public policy. I n the course of their daily lives, people are affected, directly and indirectly, obviously and subtly, by an array of public policies. Consider automobile owners. When a car is purchased, the Truth in Lending Act requires provision of accurate information by a lender on the cost of credit. The vehicle features safety equipment, such as a padded dash and seat belts, required by the National Highway Traffic Safety Administration, and a catalytic converter to reduce tailpipe emissions, necessitated by Environmental Protection Agency (EPA) rules. Out on the highway, financed jointly by the state and national governments, our driver needs to be aware of state and local traffic regulations or risk direct contact with law enforcement officials. State policy requires that the automobile be insured and that both it and the driver be licensed. The price of the gasoline the car consumes is indirectly affected by national energy policies and directly increased by national and state excise taxes. The vehicle’s gas mileage must meet the national corporate average fuel economy standard or a “gas guzzler” tax will apply. Further, these energy policies and fuel efficiency standards are informed by international agreements on addressing climate change, such as the Paris Accords signed in 2015. Many more laws and rules apply to automobiles. Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). ­ ­ ­ 1 Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 2 Chapter 1 The Study of Public Policy ­ ­ ­ Public policies in a modern, complex society are indeed ubiquitous. They confer advantages and disadvantages; cause pleasure, irritation, and pain; and collectively have important consequences for our well-being and happiness. They shape a significant portion of our physical and social environment. This being so, we should know something about public policies, including how they are formed, budgeted, implemented, and evaluated. There are also scientific, professional, and political reasons for studying public policies and policy making. Scientifically, the systematic and rigorous study of the origin, development, and implementation of public policies will enhance our knowledge of political behavior and governance, as well as of public policy per se. How is policy making affected by federalism and the separation of powers? Were pressure groups or public opinion or the media influential in the adoption of a policy? Why did government cease to confront a problem? Concern with questions of this sort is designated as policy study. Professionally, a person may pursue a career as a policy analyst or evaluator. Practitioners of policy analysis, which draws heavily upon economic theory and statistical and mathematical analytical techniques, have been increasing in number in recent decades.1 Policy analysis has an applied orientation and seeks to identify the most efficient alternative (i.e., the one that will yield the largest net social benefit) for dealing with a current problem, such as the control of air pollution or the disposal of household garbage. A variant of policy analysis is evaluation research, which assesses how well policies attain their goals and the other societal effects that they may have. Cost–benefit analysis and risk analysis fall into this category. Even if you never are called upon to conduct a formal policy analysis or engage in the practice of policy advocacy or lobbying on behalf of a client, the study of public policy is still rewarding for those in the public and private sectors. Many professionals whose job titles have nothing to do with public policy and who spend their entire careers in the private sector still are charged with interacting with government policy on any number of levels, and awareness of the life cycle of policy stages, the interests represented in formulating those policies that are rejected and implemented, will benefit their work in numerous ways. Last, consider that many larger corporations themselves are subject to internal organization that work much like government. Scholars of public policy would be well suited to confront these challenges. Politically, many people want to engage in policy advocacy, using knowledge of public policy to formulate and promote “good” public policies that will have the “right” goals, that is, goals that serve their purposes. They may think of themselves as liberals, conservatives, libertarians, environmentalists, or socialists and disagree greatly in their notions of what is good or just. The research efforts of policy advocates are frequently skewed by their wish to generate data and analysis in line with their preferences. Ideally, policy study is conducted objectively, though scholars and practitioners of policy should always be aware of how implicit bias can impact the work of those they are studying, as well as their own. Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. The Plan of This Book 3 This book draws on the scientific policy studies approach to develop a basic understanding of the policy-making process, which is here viewed as an inherently political process involving conflict and struggle among people (public officials and private citizens) with conflicting interests, values, and desires on policy issues. In describing and analyzing the policy-making process, the scientific policy studies approach has three basic aims.2 First, its primary goal is to explain the adoption of a policy rather than to identify or prescribe “good” or proper policy. Analysis, rather than advocacy, is its style. Second, it searches for the causes and consequences of public policies by applying social-scientific methodology, which is not restricted to the use of quantitative data and methodology. At a minimum, it requires that one should strive to be rational, empirical, and objective. Third, this approach aims to develop reliable theories and explanations about public policies and their politics. Thus, policy studies can be both theoretical and relevant to the more practical aspects of policy making. It has been said that nothing is as practical as a good theory. There is not a single process by which public policies are formed. They do not come off an assembly line as do automobiles, refrigerators, and other standard products. Rather, variations in the subjects of policies will produce variations in the style, techniques, and politics of policy making. Foreign policy, taxation, health-care financing, surface-transportation policy, occupational licensing, and land-use zoning are each characterized by a somewhat different policy process—different participants, procedures, decision rules, political patterns, and more. Many scholars argue that the type and nature of the policy being shaped will directly inform the politics that inform this policy, though there are significant debates as to what this looks like. Policy making may also take different forms, depending on its organizational venue. Policy making within agencies is more likely to feature hierarchy, secrecy (or low visibility), and the involvement of experts or professionals than is legislative policy making. Courts do not act in the same way that legislatures or executives do. And certainly, one can discern different patterns in tax policy formation in the United States, Great Britain, and Greece. This variability does not mean, however, that there are no common functions or elements and that it is impossible to formulate generalizations on policy formation. Given the diversity and complexity in policy-making processes, the development of some sort of general theory that has broad explanatory power is an unrealistic aspiration.3 But we can achieve a useful start toward what political scientists call theory building by striving to develop sound generalizations about such topics as who is involved in policy formation, on what sorts of issues, under what conditions, in what ways, and to what effect. Nor should we neglect to ask about how policy problems develop or obtain a place on governmental agendas. Such questions are not as simple as they may first appear. ­ ­ ­ ­ The Plan of This Book Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 4 Chapter 1 The Study of Public Policy To provide a conceptual framework to guide the examination of the policy process in the ensuing chapters, we view it as a sequential pattern of activities or functions that can readily be distinguished analytically, although they may be empirically more difficult to pull apart. Many scholars have sought to build out a similar so-called stages model of public policy, and while this exercise does not imply that the policy process always follows this linear path, identifying these distinct steps can help develop further theoretical and empirical inquiry. The following categories or stages are employed (see their portrayal in Table 1.1), and illustrative questions are included. 1. Problem identification and agenda setting. The focus here is on how the problems that may become the targets of public policies are identified and specified. Why only some problems receive consideration by policy makers requires an examination of agenda setting, that is, how governmental bodies decide what problems to address. What is a public problem? Why does some condition or matter become a public problem? How does a problem get on a governmental agenda? Why do some problems not achieve agenda status? 2. Formulation. This encompasses the creation, identification, or borrowing of proposed courses of action, often called alternatives or options, for resolving or ameliorating public problems. Who participates in policy formulation? How are alternatives for dealing with a problem developed? Are there difficulties and biases in formulating policy proposals? 3. Adoption. This involves deciding which proposed alternative, including taking no action, will be used to handle a problem. In American legislatures this function is performed by majorities. How is a policy alternative adopted or enacted? What requirements must be met? Who are the adopters? What is the content of the adopted policy? 4. Implementation. (A synonym is administration.) Here, attention is on what is done to carry into effect or apply adopted policies. Often further development or elaboration of policies will occur in the course of their administration. Who is involved? What, if anything, is done to enforce or apply a policy? How does implementation help shape or determine the content and impact of policy? 5. Evaluation. This entails activities intended to determine what a policy is accomplishing, whether it is achieving its goals, and whether it has other consequences. Who is involved? Who is advantaged and disadvantaged by a policy? What are the consequences of policy evaluation? Are there demands for changes in or repeal of the policy? Are new problems identified? Is the policy process restarted because of evaluation? Within this simplified framework, the formation and implementation of policies are seen as political in that they involve conflict and struggle among individuals and groups, officials and agencies, with conflicting ideas, interests, values, and information on public-policy issues. Policy making is political; it Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. ­ ­ ­ ­ ­ ­ ­ Getting the government to consider action on the problem Common sense Efforts by the government to determine whether the policy was effective and why or why not Did the policy work? Application of the policy by the government’s administrative machinery Applying the government’s policy to the problem Development of support for a specific proposal so that a policy can be legitimized or authorized Getting the government to accept a particular solution to the problem Development of pertinent and acceptable proposed courses of action for dealing with a public problem What is proposed to be done about the problem Stage 5: Policy Evaluation Stage 4: Policy Implementation Stage 3: Policy Adoption Stage 2: Policy Formulation Source: Adapted from James E. Anderson, David W. Brady, and Charles Bullock III, Public Policy and Politics in the United States, 2d ed. (Monterey, CA: Brooks/Cole, 1984). Those problems, among many, that receive the serious attention of public officials Stage 1: Policy Agenda Definition Policy Terminology The Policy Process Table 1.1 The Plan of This Book 5 Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). 6 Chapter 1 The Study of Public Policy ­ ­ ­ ­ ­ ­ ­ ­ involves politics. Politics itself was once defined by Laswell as “who gets what, when & how.” This definition is not limited to identifying when a Republican president or a Democratic Congress wins—politics is not equal to partisanship, as it covers a much broader range of activities that govern the allocation of resources and attention. That is, its features include conflict, negotiation, the exercise of power, bargaining, and compromise—and sometimes such nefarious practices as deception and bribery. There is no good reason to resist or disparage this conclusion, or to imitate those who derogate policies that they do not like with such statements as “It’s nothing but politics.” Although it is sometimes implied or even asserted that if enough analysis were done, if enough facts and data were gathered, all right-thinking people would agree on the appropriate course of action to handle a problem, this is not the way the world works. Quite reasonable people can disagree on policy issues because they have differing interests, values, and affiliations. Politics is the way a democratic society resolves such differences. The policy-process (sometimes it is called the policy cycle) approach to policy study has several advantages. First, and most important, the policy-process approach centers attention on the officials and institutions who make policy decisions and the factors that influence and condition their actions. We need to be concerned about more than the complexity of public problems, the goals of the polity, the general forms policy responses can take, and similar matters. Knowledge of these is clearly of value, but we also want to know who makes policy decisions and how they do it. Consequently, answers are needed for such questions as: What is the legislature’s role in policy making? How does its structure affect decision making? What sorts of factors or considerations influence the legislators’ decisions? The policy- process approach not only helps us learn about policy making and policy; it also causes us to take a more holistic view of how government works. Second, policy making usually incorporates the stages or categories of activity that we have described. This sequential nature thus helps one capture and comprehend the flow of action in the actual policy process. However, in actuality, the formulation and adoption stages may blend together, as when proposed legislation on welfare reform is modified during consideration in committees and on the House and Senate floors in order to win votes needed for its enactment. Administrative agencies issue rules elaborating policy while implementing it simultaneously. The adoption of a policy, such as restrictions on abortion, solves a problem for some people while it creates a problem for others, who then restart the policy process in an effort to modify or repeal the disliked policy. Even in such instances, the policy-process approach can be used to analytically distinguish the various activities involved. Third, the policy-process approach is flexible and open to change and refinement.4 Additional stages can be introduced if experience indicates that they would strengthen description and analysis. Perhaps budgeting should be recognized as a separate stage of the process. Various forms of data collection and analysis, whether quantitative (statistical), historical, legal, or Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. What Is Public Policy? 7 normative (value-oriented), are compatible with it. It can be used to study a single policy (e.g., the Americans with Disabilities Act) or to compare the enactment and implementation of several civil rights laws. Group, institutional, and other approaches to policy study can be fitted into it. The group approach may help explain policy adoption; institutionalism can cast light on its implementation. Systems theory may help alert us to some of its societal consequences. Fourth, the policy-process approach helps present a dynamic and developmental, rather than static and cross-sectional, view of the policy process. It is concerned with the evolution of policy and requires that one think about what moves action on policy from one stage of the process to another stage. Moreover, it helps emphasize relationships, or interactions, among the participants in policy making. Political parties, interest groups, legislative procedures, presidential commitments, public opinion, and other matters can be tied together as they drive and help explain the formation of a policy. Further, one can seek to discover how action at one stage of the process affects action at later stages. For example, how does the design and content of legislation ease or complicate its implementation? How does implementation affect its impact? Fifth, the policy-process approach is broadly applicable across contexts. It can readily be used to examine policy making in foreign political systems. It also lends itself to manageable comparisons explored in this text, such as how problems reach governmental agendas, how policies are legitimated, or how policies are implemented in various countries.5 In this discussion of public policy, scholars and practitioners can sometimes lose sight of democracy and the impact of popular will.6 There is often not much space given for discussions of ensuring democratic accountability in the studies of public policy, through events over the last decade, such as the decision by British voters to leave the EU as well as the election of Donald Trump and the policy implementation challenges encountered by his administration, often gave rise to challenges between the expressed will of political leaders and the outcomes of the political process. We now turn to an explanation of public policy and of various ways of categorizing public policies. In general usage, the term policy designates the behavior of some actor or set of actors, such as an official, a governmental agency, or a legislature, in an area of activity such as public transportation or consumer protection. Public policy also may be viewed as whatever governments choose to do or not to do. Such definitions may be adequate for ordinary discourse, but because we set out in this book to do a systematic analysis of public policy, a more precise definition or concept is needed to structure our thinking and to facilitate effective communication with one another. ­ What Is Public Policy? Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 8 Chapter 1 The Study of Public Policy ­ In this book, a policy is defined as a purposive course of action or inaction followed by an actor or set of actors in dealing with a problem or matter of concern. This definition focuses on what is actually done instead of what is only proposed or intended; differentiates a policy from a decision, which is essentially a specific choice among alternatives; and views policy as something that unfolds over time. Public policies are developed by governmental bodies and officials. (Nongovernmental actors and factors may of course influence public-policy development.) The special characteristics of public policies stem from their being formulated by what Easton has called the “authorities” in a political system, namely, “elders, paramount chiefs, executives, legislators, judges, administrators, councilors, monarchs, and the like.” These are the persons who “engage in the daily affairs of a political system,” are “recognized by most members of the system as having responsibility for these matters,” and take actions that are “accepted as binding most of the time by most of the members so long as they act within the limits of their roles.”7 In short, public policies are those produced by government officials and agencies. They also usually affect substantial numbers of people. There are several implications of this concept of public policy as a relatively stable, purposive course of action followed by government in dealing with some problem or matter of concern. First, the definition links policy to purposive or goal-oriented action rather than to random behavior or chance occurrences. Public policies in modern political systems do not, by and large, just happen. They are instead designed to accomplish specified goals or produce definite results, although these are not always achieved. And unintended consequences may occur. Proposed policies may be usefully thought of as hypotheses suggesting that specific actions be taken to achieve particular goals. Thus, to increase farm income, the national government has utilized income subsidies and production controls. These programs have indeed enhanced the incomes of many farmers, but by no means all. The goals of a policy may be somewhat loosely stated and imprecise in content, thus providing a general direction rather than precise targets for its implementation. Those who want action on a problem may differ both as to what should be done and how it should be done. Ambiguity in language then can become a means for reducing conflict, at least for the moment. Compromise to secure agreement and build support may consequently yield general phrasing and lack of clarity in the statement of policy goals. Second, policies consist of courses or patterns of action followed over time by governmental officials rather than their separate, discrete decisions. It is difficult to think of such actions as a presidential decision to honor a movie actor or a Social Security Administration decision to award disability benefits to Jane Doe as public policies. A policy includes not only the decision to adopt a law or make a rule on some topic but also the subsequent decisions that are intended to enforce or implement the law or rule. Industrial health and safety policy, for example, is shaped not only by the Occupational Safety and Health Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 9 Act of 1970 (OSHA) but also by a stream of administrative rules and judicial decisions interpreting, elaborating, and applying (or not applying) the act to particular situations. Third, public policies emerge in response to policy demands, or those claims for action or inaction on some public issue made by other actors— private citizens, group representatives, or legislators and other public officials— upon government officials and agencies. Such demands may range from general insistence that a municipal government “do something” about traffic congestion to a specific call for the national government to prohibit theft of pet dogs and cats for sale to medical and scientific research organizations. In short, some demands simply call for action; others also specify the action desired. In response to policy demands, public officials make decisions that give content and direction to public policy. They may enact statutes, issue executive orders or edicts, promulgate administrative rules, or make judicial interpretations of laws. Thus the decision by Congress to enact the Sherman Antitrust Act in 1890 was a policy decision; another was the 1911 Supreme Court ruling in Standard Oil of New Jersey vs. United States, that the act prohibited only unreasonable restraints of trade rather than all restraints of trade. Each was of major importance in shaping what we might call antitrust policy. Such decisions may be contrasted with the innumerable relatively routine decisions that officials make in the day-to-day application of public policy. The Social Security Administration employs many case analysts, for example, to assess applications for disability benefits. Policy statements in turn usually are formal expressions or articulations of public policy. Among these are legislative statutes, executive orders and decrees, administrative rules and regulations, and court opinions, as well as statements and speeches by public officials indicating the government’s intentions and goals and what will be done to realize them. Policy statements are sometimes notably ambiguous. Witness the conflicts that arise over the meaning of statutory provisions or judicial holdings, or the time and effort expended analyzing and trying to divine the meaning of policy statements by national political leaders such as the president of the United States or the chair of the Federal Reserve Board. Different levels, branches, or units of government may also issue conflicting policy statements, as on such matters as environmental pollution or liability for consumer products. In recent years, many government leaders have embraced the use of social media as a central tool in communicating with the media, constituents, and other parties. This use of social media can often blur the line between a policy and a policy statement, especially when the leader in question has a great deal of power or influence. In many cases, these policy statements expressed via social media may have little to no practical impact on published regulations or enacted laws, but may instead reveal a systemic philosophy that impacts decisions, budget spending, and symbolic rhetoric. Fourth, policy involves what governments actually do, not merely what they intend to do or what officials say they are going to do. If a legislature ­ ­ ­ What Is Public Policy? ­ Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 10 Chapter 1 The Study of Public Policy ­ ­ ­ enacts a law requiring employers to pay no less than a stated minimum wage, but nothing is done to enforce the law, and subsequently little change occurs in economic behavior, it seems reasonable to contend that public policy actually takes the form of nonregulation of wages. Relevant here is the concept of policy outputs, or the actions actually taken in pursuit of policy decisions and statements. This concept focuses our attention on such matters as amounts of taxes collected, miles of highway built, welfare benefits paid, restraints of trade eliminated, traffic fines collected, and foreign-aid projects undertaken. These can usually be enumerated with little difficulty. Examining policy outputs, we may find that a policy differs somewhat or even greatly from what policy statements indicate it should be. Policy outputs should be distinguished from policy outcomes, which focus on a policy’s societal consequences. For example, do longer prison terms reduce crime rates? Do air pollution control programs improve public health? Outputs can be counted; outcomes are often difficult or impossible to measure. Fifth, a public policy may be either positive or negative. Some form of overt governmental action may deal with a problem on which action is demanded (positive), or governmental officials may decide to do nothing on some matter on which government involvement was sought (negative). In other words, governments can follow a policy of laissez-faire, or hands off, either generally or on some aspects of economic activity. Such inaction may have major consequences for a society or some groups, as in the late 1970s, when the national government decided to cease regulating commercial airline rates and routes. Inaction becomes a public policy when officials decline to act on a problem—that is, when they decide an issue negatively. This choice differs from nonaction on a matter that has not become a public issue, has not been brought to official attention, and has not been considered or debated. A slightly ludicrous example is the lack of governmental action on the removal of earthworms from soil—the activity has no seasons and no bag limits. Is this a public policy? The answer is no, because it is not an issue and no decisions have been made. Finally, public policy, at least in its positive form, is based on law and is authoritative. Members of a society usually accept as legitimate the facts that taxes must be paid, littering regulations must be obeyed, and highway speed limits must be complied with, unless one wants to run the risk of fines, jail sentences, or other legally imposed sanctions or disabilities. Thus, public policy has an authoritative, legally coercive quality that the policies of private organizations do not have. Indeed, a major characteristic distinguishing government from private organizations is its monopoly over the legitimate use of coercion. Governments can legally incarcerate people; private organizations cannot. Some public policies may be widely violated even though they are authoritative, such as many highway speed limits. Enforcement of speed limits is often limited, piecemeal, or sporadic. Does this still represent public policy? The answer is yes, because these limits are still on the statute books and enforcement is provided for—if you are pulled over for violating them, lack of ­ Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. What Is Public Policy? 11 enforcement elsewhere is no defense in traffic court. Of course, whether such speed limits are effective or wise policy is another matter. Authoritativeness is a necessary but not a sufficient condition for effective public policy.8 Categories of Public Policies Governments at all levels in the United States—national, state, and local—have been increasingly active in producing public policies. Every year, a large volume of laws and ordinances flows from the nation’s national, state, and local legislative bodies. That volume of laws in turn is greatly exceeded by the quantity of rules and regulations produced by administrative agencies acting on the basis of legislative authorizations. This proliferation of public policies has occurred in such traditional areas of governmental action as foreign policy, transportation, education, welfare, law enforcement, economic regulation, and international trade. Table 1.2 illustrates the variety of laws passed. During the 116th Congress (2019–2020), 3449 public laws were enacted. A great many involved naming public buildings and technical or limited changes in existing laws. Despite substantial partisan conflict, Congress was able to adopt several important statutes. Collectively, they dealt with a broad range of topics. All of them incorporate biases or preferences that benefit some Table 1.2 A Selection of Major Congressional Legislation, 116 th Congress Holding Foreign Companies Accountable Act Families First Coronavirus Response Act United States-Mexico-Canada Agreement Implementation Act Fostering Undergraduate Talent by Unlocking Resources for Education Act Hong Kong Human Rights & Democracy Act Competitive Health Insurance Reform Act Criminal Antitrust Anti-Retaliation Act Paycheck Protection Program and Health Care Enhancement Act Secure 5G And Beyond Act Presidential Transition Enhancement Act Fairness for Breastfeeding Mothers Act Taxpayer First Act National Flood Insurance Extension Act Bipartisan Budget Act Defending the Integrity of Voting Systems Act Great American Outdoors Act Source: United States Statutes at Large 2021 Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 12 Chapter 1 The Study of Public Policy groups and disadvantage or disappoint other groups. Only rarely does a public policy make everyone better off. Given the large number and complexity of public policies in the United States, the task of trying to make sense of them is enormous. Indeed, the entire printed edition of the Code of Federal Regulations (updated yearly) spans around 200 volumes.10 This section will summarize a number of general typologies that political scientists and others have developed for categorizing public policies. These typologies will prove much more useful in distinguishing among and generalizing about policies than some of the more traditional and widely used categorization schemes, such as by issue area (labor, welfare, civil rights, and foreign affairs), institution (legislative policies, judicial policies, and departmental policies), and time (New Deal era, post–World War II, and late nineteenth century). Although these categories are convenient for designating various sets of policies and organizing discussions about them, they are not helpful in developing generalizations because they do not reflect the basic characteristics and content of policies. The discussion of typologies will also provide the reader with a notion of the scope, diversity, and different purposes of public policies. Constituent, Distributive, Regulatory, Self-Regulatory, and Redistributive Policies ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ This typology differentiates policies on the basis of their effects on society and the relationship among those involved in their formation.11 We begin with constituent policies. (Constituent is used here in the sense that it involves the composition or makeup of government.) As Lowi states: “Constituent policies are policies formally and explicitly concerned with the establishment of government structure, with the establishment of rules [or procedures] for the conduct of government, of rules that distribute or divide power and jurisdictions within which present and future government policies might be made.”12 This is sometimes referred to as state-building. A structural example of constituent policy is the creation of the Department of Homeland Security. Created in the aftermath of the 9/11 terrorist attacks, the new department pulled together functions from twenty-two units in other executive departments. These included the Immigration and Naturalization Service (Justice), Customs Service (Treasury), Coast Guard (Transportation), and Secret Service (Treasury), among others. No intelligence agencies (e.g., the Central Intelligence Agency and the National Security Agency) were included. By having these units lodged in the same vast and sprawling department (170,000 employees), it was believed that they would be able to act in a more unified and effective manner to protect the nation’s internal security against terrorist attacks. Melding them into a coherent and effective operating department has proven to be a difficult task, as the Department was subjected to a great deal of Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 13 public scrutiny and criticism when it emerged as a central actor in the Trump administration’s immigration policy changes. Tensions between political leadership and the department’s constituent goals often put it into contention, as the political debates about immigration bled into fights about guidelines for immigration enforcement and potential funding for a wall, which led to the longest federal government shutdown in 2018–19. A procedural example of constituent policy is the federal Administrative Procedure Act (APA) of 1946. This important statute, a response to the growth of administrative agency discretion in the early twentieth century, prescribes procedures to be used by agencies in notice and comment or informal rulemaking. For example, the APA requires notice of the proposed rulemaking opportunity for interested persons to participate in the proceeding through oral or written submissions, publication of a proposed rule at least thirty days before it becomes effective, and opportunity for interested persons to petition for issuance, amendment, or repeal of a rule. The act’s requirements for adjudication are much more detailed, but in both instances it is intended to ensure openness and fairness in agency decision making. More recently, the APA was cited by the Supreme Court in decisions limiting the Trump administration’s actions on the U.S. Census and immigration policy, demonstrating the real barrier it can pose to executive policy making. Constituent policies also include such matters as personnel practices and budgetary actions. Because they are concerned with government organization, procedures, and processes, constituent policies can have important substantive consequences. That is, how something is done or who has responsibility for acting may help determine what is actually done. There is widespread recognition across the political spectrum that “personnel is policy,” and presidents often face important symbolic and substantive choices when choosing individuals for Cabinet positions, as well as the numerous lower-level appointees that help run the federal government. Frequently, efforts are made to use procedural issues to delay or prevent adoption of substantive decisions and policies. An agency’s action may be challenged on the grounds that improper procedures were followed, as under APA, when it is really the substance of the action that is being resisted. Some Washington lawyers have become highly skilled in manipulating procedural rules to delay or negate agency action. If an agency becomes entangled with procedural requirements, it may lose the capacity for timely and effective action. Distributive policies involve the allocation of benefits or services, at no charge, to particular segments of the population—individuals, groups, companies, or communities. These include subsidies, grants, loans, technical assistance, information (as on the weather), contracts, and river and harbor improvement actions. The federal departments of Agriculture, Commerce, Energy, and Transportation administer a wide range of distributive policies. Distributive policies may variously serve to enhance prices or incomes, reduce the cost or risk of actions, encourage research or economic development, stimulate economic activity, and provide recreational opportunities, tourism, and ­ ­ ­ Constituent, Distributive, Regulatory, Self-Regulatory, and Redistributive Policies Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 14 Chapter 1 The Study of Public Policy ­ ­ more. Perhaps needless to state, the expenditure of public funds is usually involved, although not in the case of protective tariffs or import limitations. Typically, distributive policies do not impose costs upon any specific group. Rather, the costs are paid by the public treasury, which means taxpayers generally. In some cases, the government even will finance measures through looser monetary policy such as issuing debt and new currency to make investments—the political response to the COVID-19 crisis involved significant spending to avoid widespread economic losses. Thus, distributive policies appear to create only winners and no specific losers, although obviously the impacts of this monetary shift may be felt by future generations (this will be explored further in a later chapter). Although many distributive policies are of low political visibility, there are exceptions. One example is the successful automobile industry bailout in 2009. To help stave off their collapse and the loss of hundreds of thousands of jobs, the government ultimately loaned General Motors and Chrysler (Ford was in better shape), their finance companies, and many of their suppliers $82 billion. Many Republicans and Conservatives were opposed to these efforts, but the companies ultimately survived and emerged from bankruptcy, making the government money in the process. Similar interventions were seen in 2020 to alleviate the impact of widespread shutdowns, with smaller businesses and those in the travel sector getting specific attention. A discussion of distributive policies and the tensions between administrative and legislative budget control would not be complete without attention to the history of so-called pork barrel projects (earmarks). The Office of Management and Budget (OMB) defined pork, or an earmark, as “funds provided by Congress for projects or programs where congressional direction (in bill or report language) circumvents Executive Branch merit-based or competitive allocation processes, or specifies the location or recipient, or otherwise curtails the ability of the Executive Branch to manage critical aspects of the funds allocation process.” So defined, OMB identified nearly 9,200 earmarks in 2010 appropriations bills worth $11 billion.13 Most states and congressional districts shared in the bacon. Funds were directed to highway projects, research activities, public buildings, tourist attractions, and more. However, these projects were often attacked as wasteful, with one example including the “Bridge to Nowhere” or the Gravina Island Bridge in Alaska. After extreme negative attention to these examples and the Republican takeover of the House in the 2010 midterm elections, the use of earmarks was discontinued, though this was achieved through internal party caucus rules. Elected officials in both parties have debated this move since, with supporters of earmark bans claiming that this is needed to reduce corruption and increase transparency, while those who would bring back the earmark resent the transfer of authority over determining local funding priorities to the executive branch.14 Scattered around the country, these projects have little connection with one another, which supports Lowi’s contention that distributive policies “are virtually not policies at all but are highly individualized decisions that only by accumulation can be called a policy.”15 Each locality and its supporters ­ Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. usually seek designated money for their own project without challenging the right of others to do the same. Most projects thus have some friends and no enemies in Congress, and presidents usually choose to leave them alone. Regulatory policies impose restrictions or limitations on the behavior of individuals and groups. That is, they reduce the freedom or discretion to act of those regulated, whether bankers, utility companies, meat-packers, or saloonkeepers. In this sense they clearly differ from distributive policies, which increase the freedom or discretion of the persons or groups affected. When we think of regulatory policies, we usually focus on business regulatory policies, such as those pertaining to control of pollution or regulation of transportation industries. Among others, these sorts of policies were the focus of the movement for deregulation. The most extensive variety of regulatory policies, however, is that which deals with criminal behavior against persons and property. What are called social regulatory policies deal with such topics as affirmative action, school prayer, gun control, pornography, and abortion, and involve the regulation of personal behavior.16 Over decades, narratives about various issues or constituent groups can impact how the media, voters, and public officials respond to perceived problems. Whether poverty is an individual tragedy that reflects some form of moral failing or whether it is a collective problem that is instead caused by collective societal limitations can give rise to drastically different public policies to address this issue. Although many individuals will surely have more nuanced perspectives on this issue that can be informed by either narrative, these underlying narratives have a strong causal impact on the types of policies that are enacted. These narratives capture how we understand the root causes, and the resulting solution choices are framed by these narratives. One such example of this is drug policy. For decades, many voters and the public officials that represent them framed drug abuse and addiction as primarily a personal moral failing, and as a result much of the policy response to this was increased funding for enforcement of criminal laws against possession and trafficking. However, this narrative has shifted in more recent decades, with public dissatisfaction with the outcomes of the War on Drugs and the disparities in which communities were targeted by law enforcement. This has led to a greater allowance of personal choice with some substances, such as cannabis, resulting in some states legalizing the recreational use of cannabis, beginning in 2012. For other substances, such as opioids, the narrative has instead focused on the role of drug companies as well as the failure of regulators at the Food and Drug Administration, with many politicians approaching those with opioid addiction with a more sympathetic lens than previous drug epidemics in the twentieth century. The formation of regulatory policy usually features conflict between two groups or coalitions of groups, with one side seeking to impose some sort of control on the other side, which customarily resists, arguing either that control is unnecessary or that the wrong kind of control is being proposed. Amid this opposition, regulatory decisions involve clear winners and losers, although ­ 15 ­ ­ ­ ­ ­ ­ ­ ­ Constituent, Distributive, Regulatory, Self-Regulatory, and Redistributive Policies Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 16 Chapter 1 The Study of Public Policy the winners usually get less than they initially sought. (When the winners are public-interest groups, they may not gain direct material benefits from policies, like the Clean Air Act, that provide broad social benefits.) It is often difficult, however, to identify all the purposes and consequences of regulatory policies. Regulatory policies take several forms. Some regulatory policies set forth general rules of behavior, directing that actions be taken or commanding that others not be taken. These prohibitions are enforced by actions brought in the federal courts against violators. In contrast, public-utility regulation by state governments involved detailed control of entry into the business; standards of service; financial practices; and rates charged by electric, telephone, and other utility companies. Comparatively, antitrust regulation entails much less restriction of business discretion than does public-utility regulation. Consumer-protection policies illustrate other variations in regulatory policies. Some statutes, such as the Pure Food and Drug Act of 1906 and the Drug Amendments of 1962, set standards for quality that drug manufacturers must comply with. Thus, before new drugs can be put on the market, they must be shown to meet the standards for safety in use and efficacy for the purposes intended. Other consumer legislation, such as the Consumer Credit Protection Act, requires creditors to provide borrowers with accurate information on interest and other financing costs for credit purchases. The first sort of policy is intended to prevent products that do not meet designated standards from entering the marketplace; the second type is meant to provide consumers with enough information to make informed decisions. However, private actors often find loopholes in these regulations—see the prevalence of so-called health supplements as an example of holes in the regulatory framework of the FDA. Some regulatory policies, such as those that restrict entry into a business, such as television broadcasting or electric power distribution, are implemented by decisions that confer benefits on some and deny them to others. Of the several applicants for a television broadcast license for a city that may be before the Federal Communications Commission, only one can be awarded. These can be called competitive regulatory policies because they limit the number of providers of specific goods and services. They also may regulate the quality of services that can be provided to consumers.17 Self-regulatory policies are similar to competitive regulatory policies in that they involve restricting or controlling some matter or group. Unlike competitive regulatory policies, however, self-regulatory policies are usually more controlled by the regulated group as a means of protecting or promoting the interests of its members. Several hundred professions and occupations, ranging from tree surgeons and auctioneers to lawyers and physicians, are licensed in one or more states; about sixty are licensed in a majority of states. Commonly licensed health professionals include chiropractors, dentists, dental hygienists, emergency medical technicians, optometrists, pharmacists, physicians, podiatrists, practical and registered nurses, psychologists, sanitarians, and social workers.18 Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 17 ­ The usual policy-making pattern here is for a professional or occupational group acting on its own to seek licensing legislation from the state legislature. Outside the ranks of the interested group, interest in the matter usually is slight. The result is enactment of a licensing law, whose implementation is delegated to a board dominated by members from the licensed group. In time, entry into the licensed occupation or profession may be restricted, and the prices charged for its specialized services may increase. These barriers can often act as barriers to entry for new entrants and help existing market participants maintain their share. It is unclear to what extent licensing improves the quality of services available to the public.19 Redistributive policies involve deliberate efforts by the government to shift the allocation of wealth, income, property, or rights among broad classes or groups of the population, such as haves and have-nots, proletariat and bourgeoisie. “The aim involved is not use of property but property itself, not equal treatment but equal possession, not behavior but being.”20 In American society, redistributive policies ultimately involve disagreements between liberals (pro) and conservatives (con) and tend to be highly productive of conflict. The usual pattern in redistributive policy shifts resources from haves to have-nots. It is possible, however, for the flow to reverse. Farm subsidy payments under the agricultural income-support programs go mostly to large commercial farmers; small-scale farmers derive few benefits, yet everyone who pays taxes contributes to financing of these programs. Typically, however, such instances are not debated as redistributive,21 perhaps because of reluctance to acknowledge that sometimes the haves benefit at the expense of the have-nots. Often, the political cost of stricter regulations on a given industry with some amount of economic or political power requires elected leaders to give a corresponding subsidy or benefit. When Congress increased requirements on health insurers as part of the Affordable Care Act, they also created a mandate for individuals to buy health insurance, as well as subsidies for individuals to purchase insurance on the regulated market. Redistributive policies are difficult to enact precisely because they involve the reallocation of money, rights, or power. Those who possess money or power rarely yield them willingly, regardless of how strenuously some may discourse upon the “burdens” and heavy responsibility attending their possession. Because money and power are good coinage in the political realm, those who possess them have ample means to resist their diminution. Policies that have (or have had) some redistributive influence include the graduated income tax, Medicare and Medicaid, the War on Poverty, the Voting Rights Act, and legislative reapportionment. The Johnson administration’s War on Poverty represented an effort to shift wealth and other resources to people of color and economically exploited people. Encountering much resistance from conservatives and lacking strong presidential support, it was gradually dispersed and dismantled, but not without effect. The Voting Rights Act, which on the whole had been enforced with considerable strength by the Justice Department, helped to produce a substantial increase in the registration of ­ ­ ­ Constituent, Distributive, Regulatory, Self-Regulatory, and Redistributive Policies Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 18 Chapter 1 The Study of Public Policy Black voters, voting, and state and local officeholding in the South. However, after the Supreme Court’s decision to limit major parts of the Voting Rights Act in Holder v. Shelby County (2013), states that had previously been subject to enhanced scrutiny passed restrictions that led to backsliding on voting access.22 The graduated income tax, which is based on the principle of ability to pay (those who have more income can fairly be expected to pay at progressively higher rates), has now lost some of its redistributive potential. The top marginal rate once was as high as 91 percent. In the early 1980s, the rates ranged from 14 to 50 percent over a dozen income brackets, which still held out the possibility of considerable redistribution. The Tax Reform Act of 1986, enacted by Congress with strong support from President Reagan, who believed that high marginal tax rates both infringed on individual liberty and discouraged economic growth, provided for only two tax brackets at 15 and 28 percent. 23 Since then, different administrations have shifted tax rates back and forth depending on the dominant narrative at the moment, with a tax rate as high as 39.6 percent being instituted during the 1990s and more recently in 2012, before being cut temporarily again to 37 percent by Congress and President Trump in 2017. Tax rates are likely to remain a political football in the coming years, despite evidence that reducing tax rates does not sustainably impact economic growth.24 Redistributive policies are not only difficult to obtain, they are also hard to sustain, as the discussion of the income tax indicates. Equality of result or condition (i.e., equality in income or standard of living) is not overly appealing to many Americans, whatever they think about equality of opportunity. Material and Symbolic Policies ­ Public policies may also be described as either material or symbolic, depending upon the kind of benefits they allocate.25 Material policies provide tangible resources or substantive power to their beneficiaries, or they impose real disadvantages on those who are adversely affected. Legislation requiring employers to pay a prescribed minimum wage, appropriating money for a public-housing program, or providing income-support payments to farmers is material in content and effect. Symbolic policies, in contrast, have little real material impact on people. They do not deliver what they appear to deliver; they allocate no tangible advantages and disadvantages. Rather, they appeal to people’s cherished values, such as peace, patriotism, and social justice. A historic example of a symbolic policy is the Kellogg-Briand Pact of 1928, by which the United States and fourteen other countries agreed to outlaw war. Comment on its impact seems unnecessary. Likewise, burning of the U.S. flag as a symbolic form of political protest has agitated members of Congress for many years, nearly leading to passage of a Constitutional amendment to ban this form of expression. Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Policies Involving Public Goods or Private Goods 19 Occasionally, a policy that appears to be mostly symbolic may turn out to have important consequences. The Endangered Species Act of 1973, which is intended to help ensure the survival of rare animals and plants, initially appeared to be a statement of good intentions with few costs. Little opposition attended its enactment. As implemented, however, the act has had important effects, sometimes being used to block construction projects, timber cutting, and other activities that would threaten or destroy the habitats of endangered species, such as spotted owls, California gnatcatchers, and the red-cockaded woodpecker.26 Likewise, the Paris Climate Accords, first signed in 2015, are nearly entirely symbolic in function, though they are widely seen as signifying a greater commitment to environmental protection and measures to reduce the impact of human-driven carbon emissions. In the United States, these Accords took on an added symbolic nature, with the Trump administration announcing in mid2017 that it would withdraw from the Accords in order to supposedly protect American economic interests, while critics of this decision both domestically and internationally interpreted this as evidence that the administration was not committed to addressing climate change. Meanwhile, the practical limitations on withdrawal from the Accords meant that the United States left for a period of 77 days before the incoming Biden administration rejoined the Accords upon taking power in 2021. Policies that are ostensibly material as labeled by legislative language may be rendered essentially symbolic by administrative action or by the legislature’s failure to provide adequate funds for their implementation. The goals of the Housing Act of 1949 and later laws were made substantially symbolic by the subsequent failure of Congress to provide the authorized level of funding for public-housing construction.27 On the other hand, policies may move from the more symbolic to the more material category. Oppenheimer argues that policy for controlling oil pollution was largely symbolic during the years 1947 to 1966.28 Legislation was on the books, but little was done to enforce it. Since 1966, as the environmental movement gained strength and public concern about pollution intensified, enforcement became much stronger, and additional legislation, such as the Oil Pollution Act, was passed. Oil spills now draw strong responses—the 2010 Deepwater Horizon oil spill immediately attracted intense public attention and responses from elected leaders. The material–symbolic typology is especially useful to keep in mind when analyzing effects of policy because it directs attention beyond formal policy statements. It also alerts us to the important role of symbols in political behavior. Policies Involving Public Goods or Private Goods Public policies may also involve the provision of either public or collective (indivisible) goods or private (divisible) goods. 29 The nature of collective goods is such that if they are provided for one person, they must be provided for all. Moreover, one person’s consumption of a public good does not deny it Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Chapter 1 The Study of Public Policy to others. A standard example is national defense: There is no effective way to provide it for some citizens and exclude others from its benefit, enjoyment, or other consequences, nor to calculate that some citizens benefit more from it than others. Thus, an economically rational person would never voluntarily pay for national defense, clean air, or mosquito control, choosing rather to be a free rider and let others stand the costs. Hence, defense must be provided, if we want it, by government and financed by taxation. Other examples of collective goods are public safety, traffic control, and scenic beauties. Private goods, in contrast, may be broken into units and purchased or charged by the individual user or beneficiary, and are available in the marketplace. Others may be excluded from their use. Various social goods provided by government (garbage collection, postal service, medical care, museums, public housing, and national parks) have some characteristics of private goods. Charges and fees are sometimes, but not always, levied on users. Some argue that only collective goods should be the subject of public policy. The tendency, however, has been more and more to convert private goods into social goods by government action. Many consider ill health, unemployment, environmental pollution, industrial accidents and disease, and misrepresentation in the marketplace to be collective, rather than individual, problems— matters affecting the entire population, hence involving public goods for which the entire society should pay. Generally, the more something is thought to have the qualities of a public good, the more likely people are to accept its provision by government. If it seems clear that some benefit more directly than others, there may also be a desire to levy charges, fees, or taxes on the direct beneficiaries to cover part of the cost. Thus, we encounter user fees at national parks, tuition at public colleges, rent in public-housing projects, and tolls for some bridges and highways. The privatization movement, encouraged in the 1980s by the Reagan administration, represented a counterforce to the long-run tendency to expand the scope of social goods. Based on free-market economic theory, privatization supports transferring many government assets or programs to the private sector and contracting with private companies to handle many public services, whether the collection of garbage or the operation of prisons. “The private sector, it is argued, will perform these functions more efficiently and economically than the public sector.”30 However, in more recent years the privatization of prisons on the state and federal levels has led to suggestions that contractors often derive perverse incentives for making sure that criminal justice policies are harsher than they should be. In 2011, a Pennsylvania judge was jailed amidst allegations that he accepted kickbacks from a juvenile detention contractor for sending youth to confinement— likewise, private prison companies such as CoreCivic have played a significant part of controversial Trump administration decisions to enhance immigration enforcement. The Biden administration has since announced plans to end use of private prisons. ­ ­ Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ 20 Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Political Systems Theory 21 Approaches to Policy Study Political and social scientists have developed many models, theories, approaches, concepts, and schemes for analyzing policy making and its related component, decision making. Indeed, political scientists have often displayed more facility and zeal for theorizing about public policy making than for actually studying policy and the policymaking process. Nonetheless, theories and concepts are needed to guide the study of public policy, to facilitate communication, and to suggest possible explanations for policy actions. Those who aspire to systematically study the policy making process need some guidelines and criteria of relevance to focus their effort and to prevent aimless meandering through the fields of political data. What we find when we engage in research depends partly upon what we are looking for; policy concepts, models, and theories give direction and structure to our inquiry. The theoretical approaches discussed here include political systems theory, group theory, elite theory, institutionalism, and rational-choice theory. Although most of these approaches were not developed specifically for analyzing policy formation, they can readily be bent to that purpose. In addition, all of them can be fitted into the policy-process framework. They are useful to the extent that they direct our attention to important political phenomena, help clarify and organize our thinking, and suggest explanations for political activity or, in our case, public policies. Limitations and criticisms are mentioned as the discussion proceeds. Public policy may be viewed as a political system’s response to demands arising from its environment. The political system, as Easton defines it, comprises those identifiable and interrelated institutions and activities (what we usually think of as governmental institutions and political processes) in a society that make authoritative allocations of values (decisions) that are binding on society. The environment consists of all phenomena—the social system, the economic system, and the biological setting—that are external to the boundaries of the political system. Thus, at least analytically one can separate the political system from all the other components of a society.31 Inputs into the political system from the environment consist of demands and supports. Demands are the claims for action that individuals and groups make to satisfy their interests and values. Support is rendered when groups and individuals abide by election results, pay taxes, obey laws, and otherwise accept the decisions and actions undertaken by the political system in response to demands. The amount of support for a political system indicates the extent to which it is regarded as legitimate, or as authoritative and binding on its citizens. ­ ­ ­ ­ ­ Political Systems Theory ­ Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 22 Chapter 1 The Study of Public Policy Figure 1.1 A Model of the Political System The Environment Inputs Outputs Demands Laws Political System Support Decisions Feedback Outputs of the political system include laws, rules, judicial decisions, and the like. Regarded as the authoritative allocations of values, they constitute public policy. The concept of feedback indicates that public policies (or outputs) made at a given time may subsequently alter the environment and the demands arising therefrom, as well as the character of the political system itself. Policy outputs may produce new demands, which lead to further outputs, and so on in a never-ending flow of public policy (see Figure 1.1). The usefulness of systems theory in studying public policy is limited by its highly general and abstract nature. It does not, moreover, say much about the procedures and processes by which decisions are made and policy is developed within the black box called the political system. Indeed, systems theory depicts government as simply responding to demands made upon it, and its results are sometimes characterized as input-output studies. (For an illustration, see the discussion in Chapter 2 in the section Socioeconomic Conditions.) Even if this theoretical model does not consider the role of government to shape the demands put upon it, this approach can be helpful in organizing inquiry into policy formation. It also alerts us to some important facets of the political process, such as these: How do inputs from the environment affect the content of public policy and the operation of the political system? How in turn does public policy affect the environment and subsequent demands for policy action? How well is the political system able to convert demands into public policy and preserve itself over time? Group Theory ­ ­ ­ ­ Group theory rests on the contention that interaction and struggle among groups are the central facts of political life. A group is a collection of individuals that may, on the basis of shared attitudes or interests, make claims upon other groups in society. It becomes a political interest group “when it makes Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Group Theory 23 a claim through or upon any of the institutions of government.”32 And many groups do just that. The individual is significant in politics only as a participant in or a representative of groups. It is through groups that individuals seek to secure their political preferences. A central concept in group theory is that of access. To have influence and to be able to help shape governmental decisions, a group must have access or the opportunity to contact and express its viewpoints to decision-makers.33 Obviously, if a group is unable to communicate with decision-makers, if no one in government will listen, its chances of affecting policy making are slim. Access may result from the group’s being organized, from its having status, good leadership, or resources such as money for campaign contributions. Social lobbying—the wining, dining, and entertaining of legislators and other public officials—can be understood as an effort to create access by engendering a feeling of obligation to the groups involved. Then, when a group wishes to discuss policy matters with an official, it will have an opportunity to present its case or have its telephone calls returned. Contributions to legislators by political action committees are also often justified as a way of acquiring or maintaining access. In the nature of things, some groups will have more access than others. Public policy at any given time will reflect the interests of those who are dominant. As groups gain and lose power and influence, public policy will be altered in favor of the interests of those gaining influence against the interests of those losing it. The role of government (official groups) in policy formation is described by one proponent of group theory: The legislature referees the group struggle, ratifies the victories of the successful coalitions, and records the terms of the surrenders, compromises, and conquests in the form of statutes. Every statute tends to represent compromises because the process of accommodating conflicts of group interests is one of deliberation and consent. The legislative vote on any issue tends to represent the composition of strength, i.e., the balance of power, among the contending groups at the moment of voting. . . . Administrative agencies of the regulatory kind are established to carry out the terms of the treaties that the legislators have negotiated and ratified. . . . The judiciary, like the civilian bureaucracy, is one of the instrumentalities for the administration of the agreed rules.34 ­ Group theory focuses on one of the major dynamic elements in policy formation, especially in pluralist societies such as the United States, but it seems both to overstate the importance and power of groups and to understate the independent and creative role that public officials can play in the policy process. Indeed, many groups have been generated by public policies. The American Farm Bureau Federation, which developed around the agricultural extension program, is a notable example, as is the National Head Start Association. Public officials also may acquire a stake in particular programs and act as an interest group supporting their continuance. Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 24 Chapter 1 The Study of Public Policy Another shortcoming of group theory is that in actuality many people (e.g., people whose incomes are below the federal poverty level) and interests (such diffuse interests as natural beauty and social justice) are either not represented or only poorly represented in the group struggle. As Schattschneider remarks about the under-organization of the economically marginalized, “The flaw in the pluralist heaven is that the heavenly chorus sings with a strong upper-class accent.”35 Those who are not represented will have little voice in policy making, and thus their interests are likely to be slighted therein. Finally, from a methodological perspective, it seems misleading and inefficient to try to explain politics and policy making solely in terms of interests and the group struggle. This bias leads to neglect of many other factors, such as ideas and institutions, that abound and that independently affect the development of policy. The reductionism or unicausal explanation that results when all political phenomena are crammed into the group concept should therefore be avoided.36 Elite Theory Approached from the perspective of elite theory, public policy can be regarded as reflecting the values and preferences of a governing elite. The essential argument of elite theory is that public policy is not determined by the demands and actions of the people or the “masses” but rather by a ruling elite whose preferences are carried into effect by public officials and agencies. Dye and Zeigler provide a summary of elite theory: 1. Society is divided into the few who have power and the many who do not. (Only a small number of persons allocate values for society; the masses do not decide public policy.) 2. The few who govern are not typical of the masses who are governed. Elites are drawn disproportionately from the upper socioeconomic strata of society. 3. The movement of non-elites to elite positions must be slow and continuous to maintain stability and avoid revolution. Only non-elites who have accepted the basic elite consensus can be admitted to governing circles. 4. Elites share a consensus on the basic values of the social system and the preservation of the system. (In the United States, the elite consensus includes private enterprise, private property, limited government, and individual liberty.) ­ 5. Public policy does not reflect demands of the masses but rather the prevailing values of the elite. Changes in public policy will be incremental rather than revolutionary. (Incremental changes permit responses to events that threaten a social system with a minimum of alteration or dislocation of the system.) Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Elite Theory 25 6. Elites may act out of narrow self-serving motives and risk undermining mass support, or they may initiate reforms, curb abuse, and undertake public-regarding programs to preserve the system and their place in it. 7. Active elites are subject to relatively little direct influence from apathetic masses. Elites influence masses more than masses influence elites.37 ­ ­ ­ ­ So stated, elite theory is a challenging theory of policy formation. Policy is the product of elites, reflecting their values and serving their ends, one of which may be a desire to provide in some way for the welfare of the masses. Dye argues that development of civil rights policies in the United States during the 1960s can be suitably explained by elite theory. These policies were “a response of a national elite to conditions affecting a small minority of Americans rather than a response of national leaders to majority sentiments.” Thus, for example, the “elimination of legal discrimination and the guarantee of equality of opportunity in the Civil Rights Act of 1964 was achieved largely through the dramatic appeals of middle-class Black leaders to the conscience of white elites.”38 This interpretation presents a narrow perspective on both who is affected by or interested in civil rights policies and the explanation for adoption of the Civil Rights Act of 1964. Certainly, leadership in Congress and the executive branch was very important, but so too were civil rights protests and marches, public opinion, and support from an array of non-Black organizations. The civil rights movement of the 1960s was far more than an effort by Black leaders to appeal to the conscience of white elites.39 Elite theory focuses our attention on the role of leadership in policy formation and on the reality that in any political system, a few govern the many. Whether elites rule and determine policy, with little influence from the masses, is a difficult proposition to handle. It cannot be proved merely by assertions that the “establishment runs things,” which has been a familiar plaint in recent years. Dahl argues that to defend the proposition successfully, one must identify “a controlling group, less than a majority in size, that is not a pure artifact of democratic rules . . . a minority of individuals whose preferences regularly prevail in cases of differences of preferences on key political issues.”40 It may be that elite theory has more utility for analysis and explanation of policy formation in some political systems, such as developing or Eastern European countries, than in others, such as the pluralist democracies of the United States and Canada. Domhoff has long argued, however, that there is an American upper class, based on the ownership and control of large corporations, which is in fact a governing class.41 There is a case to be made for his viewpoint. Since the early 1980s, the income and wealth of the top 1 percent of taxpayers has soared. Billionaires have become numerous; many choose to become politically active. On the other hand, the income of most of the population has stagnated. Since the U.S. Supreme Court decision in 2010 declared restrictions on campaign spending by corporations and others unconstitutional, campaign spending in the Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 26 Chapter 1 The Study of Public Policy United States has dramatically surged.42 Many corporations and wealthy individuals use so-called dark money flowed through campaign committees and interest groups to obscure their contributions, while advances in fundraising have led to a surge in small dollar donations to candidates. After the 2020 election left control of two Senate races in Georgia unresolved, over a half billion dollars in campaign contributions flowed to the state in nearly two months in a bid to influence which party would control the Senate. Research from 2014 suggests43 that economic elites and the interest groups that represent them have a decided advantage in getting policies through Congress. When compared against each other, the pluralist vision described previously had nearly no impact on policy adoption, while models of elite domination demonstrated a strong impact on adoption. Modern narratives about the 1 percent versus the 99 percent (especially prominent on social media) speak to this perceived disparity. Institutionalism ­ ­ The study of government institutions (or organizations) is one of the oldest concerns of political science. This is not surprising, since political life generally revolves around governmental institutions such as legislatures, executives, courts, and political parties; public policy, moreover, is authoritatively determined and implemented by these institutions. Traditionally, the institutional approach concentrated on describing the more formal and legal aspects of governmental institutions: their formal structure, legal powers, procedural rules, and official functions or activities. Formal relationships with other institutions might also be considered, such as legislative–executive relations. Usually, little was done to explain how institutions actually operated as opposed to how they were supposed to operate, to analyze public policies produced by the institutions, or to discover the relationships between institutional structure and public policies. Subsequently, political scientists turned their attention in teaching and research to the political processes within governmental or political institutions, concentrating on the behavior of participants in the process and on political realities rather than formalism. In the study of the legislatures, interest shifted from simply describing the legislature as an institution to analyzing and explaining its operation over time, from its static to its dynamic aspects. In the academic curriculum, the course on the legislature often came to be about the legislative process. Institutionalism, with its emphasis on the formal or structural aspects of institutions, can nonetheless be usefully employed in policy analysis. An institution is, in part, a set of regularized patterns of human behavior that persist over time and perform some significant social function or activity. To describe institutions as “rules,” as some do, is to oversimplify. It is their differing patterns of behavior that really distinguish courts from legislatures, Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Rational-Choice Theory 27 from administrative agencies, and so on. These regularized patterns of behavior, which we often call rules or structures, can affect decision making and the content of public policy. Rules, structural arrangements, and other institutional features are usually not neutral in their effects; rather, they tend to favor some interests in society over others and some policy results over others. It is contended that some of the Senate rules (and traditions, which often have the effect of rules), such as those relating to unlimited debate and action by unanimous consent, favor the interests of legislative minorities over majorities. Many actions in the Senate, such as bringing bills up for consideration and closing off debate on them, require super-majorities or even unanimous consent. Thus, a small group of legislators from one ideological faction can often prevent discussion or adoption of changes clearly preferred by a majority of the body. In the American federal system, which allocates governmental power among the national and state governments, several arenas of action are created. Some groups may have more influence if policy is made at the national level, whereas others may benefit more from state policy making. In summary, institutional structures, arrangements, and procedures often have important consequences for the adoption and content of public policies. They provide part of the context for policy making, which must be considered along with the more dynamic aspects of politics, such as political parties, groups, and public opinion, in policy study. By itself, however, institutional theory can provide only partial explanations of policy. It has little to say about what drives the policy process, the dynamic forces of politics. The rational-choice theory, which is sometimes called social-choice, public-choice, or formal theory, originated with economists and involves applying the principles of microeconomic theory to the analysis and explanation of political behavior (or nonmarket decision making). It has many adherents among political scientists. One of the earliest uses of rational-choice theory to study the political process is Downs’s Economic Theory of Democracy.44 In this influential book, Downs assumes that voters and political parties act as rational decision-makers who seek to maximize attainment of their preferences. Parties formulated whatever policies would win them the most votes, and voters sought to maximize the portion of their preferences that could be realized through government action. In attempting to win elections, political parties moved toward the center of the ideological spectrum to appeal to the greatest number of voters and maximize their voting support. Thus, rather than providing voters with “meaningful alternatives,” parties will become as much alike as possible, thereby providing an “echo rather than a choice.” ­ ­ ­ ­ ­ ­ Rational-Choice Theory Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 28 Chapter 1 The Study of Public Policy ­ Let us now look more closely at the major components of rational-choice theory. One of its basic axioms is that political actors, like economic actors, act rationally in pursuing their own self-interest. Thus, Buchanan, a leading proponent of rational-choice theory, contends that politicians are guided by their self-interest rather than by an altruistic commitment to such goals as statesmanship or the national interest. “This should be no surprise,” says Buchanan, “because governments are made up of individuals, and individuals operate from self-interest when they are engaged in a system of exchange, whether this is in the market economy or in politics.”45 Self-interest is also not always clearly defined—while most scholars are referring to economic status, many individuals might seek to prioritize other values. Individuals who are engaged in decision-making exchanges or transactions, such as voting, also have preferences that vary from person to person. Being rational, it is argued, individuals can comprehend and rank their preferences from most to least desired. In making decisions (whether economic or political), they are guided by these preferences and will seek to maximize the benefits they gain. In short, people are self-interested utility maximizers, not the uninformed, confused, or irrational choice-makers often depicted in analyses of political behavior. A second basic axiom of rational-choice theory involves methodological individualism. The individual decision-maker is the primary unit of analysis and theory. The individual’s preferences or values are assumed to be more important than other values—collective, organizational, or social. Conversely, rational-choice theorists argue that the actions of organizations and groups can be satisfactorily explained in terms of the behavior of a model individual. Nothing substantial will be lost by so doing in explaining the behavior of all persons. For example, a rational-choice explanation of why Congress delegates discretionary power to administrative agencies begins with the assumption that the preference of members of Congress is to get reelected.46 To this end, legislators delegate power to agencies, knowing that in exercising that power the agencies will create problems for their constituents. Legislators will then be called on by their constituents to assist them with their bureaucratic problems, and in return for assistance, the grateful constituents will vote to reelect the legislators. The pursuit of self-interest by the members of Congress thus explains the delegation of power and the growth of bureaucracy. Some rational-choice theorists have explored the effects of incomplete or imperfect information and uncertainty on policy making.47 Political decision-makers are said to be possessed of differing amounts of information (a condition called information asymmetry) and are uncertain about the outcomes or consequences of laws and policies when they are implemented. In Congress, legislative committee members, as policy specialists and the basic developers of legislation, are best informed about the relationship between a proposed policy and its likely consequences. In comparison, the rank-and-file members of Congress, who make the final decisions on the enactment of legislation, have only limited knowledge of the policy–consequences relationships. Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Informing Your Own Approach 29 Conceivably, this information asymmetry would permit committee members to act strategically and secure the enactment of policies of benefit primarily to themselves (and their constituents). Various rules and practices in Congress, however, help ensure that legislators will have incentives both to specialize in analyzing public problems and crafting policies and to make information generally available to the members of Congress. The problem is to identify the institutional arrangements that help reduce uncertainty. This “information-theories” variant of rational choice continues to assume that legislators are utility maximizers with differing interests. Their utility, however, is determined by policy outcomes rather than by policies per se. About outcomes, as we have seen, there is uncertainty. Rational-choice theory both alerts us to the importance of self-interest as a motivating force in politics and policy making and provides a better understanding of decision-making processes. Many contend, however, that politics is not nearly as devoid of altruism and concern for the public interest as the rational-choice theorists assume. The adoption of “good public policy,” for example, is frequently a goal of members of Congress. 48 And public-interest groups, such as the National Wildlife Federation, are motivated by more than immediate self-interest.49 Informing Your Own Approach Because individual political scientists often manifest strong preference for one or another of these theoretical approaches (or others, such as incrementalism, which is presented as a decision-making theory in the chapter on “Policy Adoption”), there is no consensus on which is the “best” or the most satisfactory. Each approach focuses attention on different aspects of policy making and politics and thus seems more useful for understanding some situations or events than others. Group theory and elite theory are often contrasting explanations of how the policy process operates and, most important, of who controls or dominates and benefits from it. Or, succinctly: Who rules? Sharp intellectual disputes have been waged between group (or pluralist) theorists and elite theorists about who controls decision making on public policy in American communities. Systems theory and institutionalism both focus on the process of policy making, albeit in different ways, and are not incompatible. Institutionalism can be used to help explain what goes on within the “black box” (the political system), which is neglected by systems theory. Because neither theory directly confronts the question of who rules, either group or elite theory could be combined with them to some degree. Rational-choice theory, because of its narrow focus, must stand pretty much by itself. Institutions appear as the individual writ large; little attention is given to the policy environment, how issues are brought to the attention of government, or how policy preferences are developed. Like institutionalism, Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 30 Chapter 1 The Study of Public Policy however, rational-choice theory does show much interest in how rules and structures help determine the outcomes of decision making. Rational-choice scholars often occupy themselves with demonstrating how the manipulation of rules could produce preferred decisions. On the question of who rules, rational-choice theory asserts that democratically elected officials will promote their own interest rather than the people’s. This conviction frequently leads to the normative (and conservative) conclusion that less government is better government. Group theorists feel that the interests of dominant groups (however determined) prevail, and for elite theorists, the few (a ruling class) govern in their own interest, perhaps with some concern for the condition of the masses. The various theories thus raise some controversial questions about politics and the policy making process. They also tend to skew research findings. Not surprisingly, pluralists find groups in control, elite theorists detect dominance by an elite, and rational-choice theorists find that self-interest dominates. These theories are therefore not merely neutral alternatives for guiding analysis. What one finds in policy research depends in an important part on what one is looking for, just as those who go about town finding trouble are more apt to find it than are more peaceful citizens. The differing concerns of these theoretical approaches can be further clarified by briefly observing how their proponents might look at the recent struggle to adopt financial regulatory legislation. Banks and other financial institutions were firmly regulated from the Great Depression until the 1970s. Then, as free-market ideology and the economic deregulation movement gained traction, regulation was weakened or eliminated. Also, a “shadow” financial system not subject to regulation evolved. This inadequately restrained financial system led eventually to the near collapse of the financial system and the Great Recession. Strong pressure developed for regulatory legislation to prevent future financial crises, which led Congress to pass reform legislation in 2010 to address this lack of oversight. The Dodd-Frank Act restricted future bailouts, regulated risky financial vehicles, and created the Consumer Financial Protection Bureau, which was intended to increase oversight of banks and financial institutions. While the most recent economic turbulence from the COVID-19 pandemic did not lead to collapses involving financial institutions, this reform has not wholly addressed public confidence in the financial system, with major data breaches in recent years leading to calls for further reform. More recent developments, such as the increasing use of crypto-currencies, provide a unique challenge for regulators to address. A group theorist would view this titanic struggle to adopt financial regulation as a contest for advantage among various financial interests, regulatory advocates, and consumer groups, as well as the political parties and the Obama administration. Lobbying and other group tactics would be scrutinized. An institutionalist, in comparison, would focus on the problems presented by congressional structure and procedure in securing the enactment of legislation. These could include getting the bill to the House floor for debate, overcoming Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Methodological Difficulties in Studying Public Policy 31 filibusters in the Senate, resolving differences in House and Senate versions of the bill, and avoiding a presidential veto. Much attention would be given to how a bill becomes law. A rational-choice proponent would see members of Congress calculating how the content of reform legislation would affect the ability to raise campaign money and to get reelected. Another of their concerns would be strategic behavior, as when opponents propose amendments that, if adopted, would make the bill unacceptable to some of its supporters (a poison pill), or when reformers craft amendments to help gain or retain supporters. Self-interest would be seen as informing legislative behavior. An elite theorist would see the legislative struggle here as one of interest primarily to top-level legislative and political leaders. Both proponents and opponents of reform would contend that what they were trying to do was best for the public. The elitist would hold that the mass public was neither interested nor informed, especially on the details of legislation. Finally, a systems theorist would likely rivet on how government action was influenced by inputs (demands, pressures, and information) from its political, social, and economic environment. Limited attention at best would be devoted to the details of how a bill becomes law. In time, the systems theorist would be attentive to how the government’s decisions on campaign-finance reform affected its operation and future demands on it. To conclude, the lesson here is that it is advisable to avoid becoming too dogmatically or rigidly attached to a particular model or theory. As a rule, eclecticism and flexibility should be preferred in selecting theories and concepts for explanatory use. The policy analysts’ goal should be the objective explanation of the political behavior under scrutiny, rather than the validation of a favored model or theoretical approach. Each of the theories here discussed can, if used skillfully and fairly, contribute to a fuller comprehension of policy making. Methodological problems afflict all research, although social scientists appear both more self-conscious about their methodology and more intellectually inclined to batter themselves for methodological infirmities than do natural and physical scientists. Policy research, especially given the complexity of its subject matter, has its full share of methodological problems. Such problems may impede or limit policy research and may make it more than a little frustrating at times, but they neither prevent it nor negate the need for it. An awareness of some of these problems, however, may help prevent wasted efforts, needless errors, unsound conclusions, and insomnia. Solid, conclusive evidence, facts, or data, as one prefers, on the motives, values, and behavior of policy makers, the nature and scope of public problems, ­ ­ ­ ­ ­ Methodological Difficulties in Studying Public Policy ­ Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 32 Chapter 1 The Study of Public Policy ­ ­ the impact of policies, and other facets of the policy process are often difficult to acquire or simply not available. The urge to convert assumptions or speculations about what happened into facts is something to be resisted, along with the uncritical acceptance of the often-self-serving statements or incomplete explanations emanating from public officials and other participants in the policy process. Sometimes numerical measures of political phenomena such as policy impacts are used without sufficient care in determining their validity. Is the number of infant deaths (in their first year) per 1,000 live births a good indicator of the general level of health care in a society that has much income inequality? Do salary levels and similar data really measure the professionalism of civil servants? The acquisition of hard facts about who did what, why, and with what effect should be the goal of research. We need to be able to say with some certainty why members of Congress respond to constituency interests on some issues and not others or what role the media play in setting agendas. In explaining behavior in the policy process, one needs empirical data that will permit the demonstration or sound inference of cause-and-effect relationships. Once a person gets involved in quantitative data–based analysis, it is important to resist the notion that collecting empirical data is of prime importance and that the more data one has, the more one can explain. To account for or explain behavior, theory is needed that will guide analysis in potentially fruitful directions, as well as good judgment in the selection of policy measures. As much as possible, hypotheses about cause-and-effect relationships need to be developed and tested on the basis of the best available evidence. The notion that policy analysis is worthwhile only when it involves the analysis of quantitative data with statistical techniques—the higher powered the better—should also be resisted. There is no reason to assume that if something cannot be counted, it does not count. Some policy areas and problems have not been very amenable to rigorous quantitative measurement and analysis, although this may not always continue to be the case. Many aspects of social welfare and economic regulatory policies currently fit into this category. How does one measure the comparative influence of pressure groups, agency values, and economic analysis on rulemaking by the EPA or OSHA? The prosecution of insider traders by the Securities and Exchange Commission? The total benefits of a public-housing program? And how does one appraise the power of ideas, as distinct from interests, in developing programs for the disabled? Such questions present real puzzles. Yet it should be stressed that explicit theory, quantitative data, and careful, rigorous analysis have not been as frequently utilized in studying policy as would be possible or desirable. Thus, Bernstein’s hoary contention that regulatory agencies pass through a four-stage life cycle (gestation and birth, youth, maturity, and old age), frequently culminating in their “capture” (which is not well specified) by the regulated groups, is often cited as though it were a clearly Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Methodological Difficulties in Studying Public Policy 33 supported phenomenon.50 The concept of regulatory capture was often cited in the 2010 Deepwater Horizon oil spill off the coast of Florida, where the federal Minerals Management Service was criticized for being too close to industry and was subsequently reformed after the crisis. Bernstein provides impressionistic support but by no means strong proof for his life cycle theory. It still lacks systematic empirical support. Conventional wisdom of this sort frequently rests on a rather frail intellectual foundation. To be rigorous, analysis does not have to be quantitative, and not all quantitative analysis is rigorous. Those who use quantitative techniques have been known to quarrel with enthusiasm and even some rancor over the reliability or appropriateness of their techniques, the quality of their data, and the validity of their findings. (In Chapter 2 there is a discussion on whether socioeconomic or political variables better explain policy.) Also, to be fair-minded, one should avoid developing a phobia for quantitative or statistical analysis, as some did in reaction to the behavioral movement in political science. Much can be learned through quantitative analysis. Data gained by interviews and questionnaires administered to public officials and other players in the policy process are often invaluable and may not otherwise be available to researchers. Care is required, however, in using both such techniques and the data acquired. Questions must be properly framed to elicit the needed information. Questions that are “loaded” and therefore bias responses, or that are so general as to create strong doubt about their intent, need to be avoided. Officials and others may not always respond fully or candidly to questions, their memories may be hazy, and they may overstate their own role in events. Data gained from these sources obviously should not be viewed as gospel. Rather, they should be checked against other sources, used with care, and regarded as representing particular viewpoints on some event. Many studies of policy making take the form of case studies; that is, they focus on particular programs, statutes, or areas of public policy. Case studies have been the butt of much criticism because, being narrowly based, they do not permit sound generalization. Preferred studies are those dealing with all the cases in a universe, such as all regulatory commissions or sunset laws, or a meaningful sample thereof, such as Supreme Court decisions on the rights of the accused or the benefit decisions made by a welfare agency. These afford a better basis for generalizations. Case studies, however, do have a variety of uses.51 They can be used to test theories; to develop new theories; to provide detailed, contextual analysis of events; to analyze deviant cases that contradict our generalizations; and to help provide an “intuitive feel” for the subtleties and nuances of the policy process and the practice of politics. There is plenty of room in the study of policy for both case studies and more general and comparative studies. And, as someone once remarked, the plural of anecdote is data. Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 34 Chapter 1 The Study of Public Policy Chapter Review If you’ve met the learning objectives for this chapter, you should be able to … 1-1 Discuss the definitions, problems, and benefits associated with a scientific policy studies approach to the field of public policy. ● ● Discuss how the study of public policy can benefit scholars, elected leaders, and recipients of government actions. Describe the five stages of the policy process. 1-2 Understand what a public policy is and what it is not. ● ● Identify the wide range of career professionals that develop and engage in public policy. Recognize the attributes and key terms that define the concept of public policy, including policy demand, policy statement, and policy output. 1-3 Using relevant examples, discuss the problems, goals, demands, and outputs of various categories of public policy. ● ● ● Discuss constituent, distributive, regulatory, self-regulatory, and redistributive policy typologies. Recognize the characteristics, goals, and outputs of material policies versus symbolic policies. Discuss views on policy related to collective goods and private goods. 1-4 Appraise how each of the five theoretical approaches that scholars use for analyzing policymaking generates knowledge and examines public policies. ● Debate the strengths and weaknesses of political systems theory. ● Debate the strengths and weaknesses of group theory. ● Debate the strengths and weaknesses of elite theory. ● Debate the strengths and weaknesses of institutionalism. ● Debate the strengths and weaknesses of rational-choice theory. 1-5 Summarize the methodological difficulties that can encumber the study of public policy. Analyze how a public policy can impact and be impacted by many discrete areas of political action. ­ ● ● ● ● ● ● ● ● ­ ● ● ● ● ● ● Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Suggested Readings 35 For Further Exploration ❚ www.care2.com/causes/politics/ The Policy Action Network site provides numerous links to liberal think tanks and foundations devoted to a variety of public-policy issues such as economic, health, education, and media policies. ❚ http://www.jointcenter.org This site for the Joint Center for Political and Economic Studies provides a wide range of information on policy issues and other matters relating to racial and ethnic groups. ❚ http://www.ncpa.org Although it is conservative in nature, the homepage of the National Center for Policy Analysis (NCPA) provides a wealth of descriptive material on specific domestic- and foreign-policy issues. ❚ http://www.pbs.org/newshour/ PBS NewsHour provides a site titled “Forum,” where several current policy issues are debated each month. This site also contains transcripts of the various policy discussions and roundtable issues that were broadcast on The NewsHour with Judy Woodruff. Suggested Readings ­ ­ ­ ­ ­ ­ ­ ­ ❚ ­ ­ ❚ ­ ❚ ❚ Carl E. Van Horn, Donald C. Baumer, and William T. Gormley Jr., Politics and Public Policy, 4th ed. (Washington, DC: CQ Press, 2017). Six policy domains—boardroom, bureaucratic, cloakroom, chief executive, courtroom, and living room politics—are utilized in a wide-ranging examination of the policy process. Frank R. Baumgartner and Beth L. Leech, Basic Interests: The Importance of Groups in Politics and Political Science (Princeton, NJ: Princeton University Press, 1998). No one interested in groups and politics should ignore this outstanding analysis of group theory and the literature on groups. Kevin B. Smith and Christopher W. Larimer, The Public Policy Theory Primer, 3rd ed. (Boulder, CO: Westview Press, 2016). This is a weighty, up-to-date exposition of public-policy theories and the study of public policy. Michael E. Kraft and Scott R. Furlong, Public Policy: Politics, Analysis, and Alternatives, 6th ed. (Washington, DC: CQ Press, 2017). This readable book combines an examination of the policy process with a discussion of several areas of domestic policy. Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 36 Chapter 1 The Study of Public Policy ­ ­ Paul A. Sabatier and Christopher Weible, ed., Theories of the Policy Process, 4th ed. (Boulder, CO: Westview Press, 2017). The challenging essays in this anthology present a variety of theoretical lenses for studying the policy process. Theodore J. Lowi, Arenas of Power (Boulder, CO: Paradigm Publishers, 2009). This long-awaited study by the leading public policy guru draws on history, analysis, and case studies to provide deep understanding of the policy process. Thomas R. Dye, Top Down Policymaking (New York: Chatham House, 2001). This controversial examination of the policy-making process in the United States argues that it is dominated by a national elite. Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 2 The Policy Makers and Their Environment Learning Objectives This chapter will provide an overview of the various actors and institutions involved in crafting public policy and the ways policy scholars understand the systems in which policies are considered. After reading this chapter, you will be able to: 2-1 List and describe the basic actors in the policy environment including both formal and informal actors 2-2 Understand the ways in which these actors are limited and constrained 2-3 Discuss how political culture impacts the consideration and adoption of policy 2-4 Appraise the role of material conditions such as class and how they impact the ways in which policy is received and understood 2-5 Explain how policy scholars apply theories of formation to understand politics and political behavior at different levels of operation I n the American political system, political power is fragmented and dispersed by constitutional prescription and political practice. Many points of official decision-making exist, and a multitude of officials share in the exercise of political power and the formation of public policy. At the national level, the Framers of the U.S. Constitution provided for the separation of power, distributing it among the legislative, executive, and judicial branches of the national government. Thus, Article I provides that “all legislative Powers herein granted shall be vested in a Congress of the United States. . . .” Article II states that “the executive Power shall be vested in a President of the United States of America.” In turn, Article III declares that “the judicial Power of the United States, shall be vested in one supreme court and such inferior Courts as the Congress may from time to time ordain and establish.” This separation was reinforced by the provision of different selection processes for officials in each branch. Thus, the House of Representatives was to be chosen by the voters, the Senate by the state legislatures (changed to the voters by the Sixteenth Amendment), the president by the Electoral College, and the judges by the president with the consent of the Senate. The U.S. Constitution also prohibits anyone from being a member of more than one branch at the same time. 37 Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 38 Chapter 2 The Policy Makers and Their Environment The separation of powers was not rigidly imposed, however. By the corollary principle of checks and balances, the Framers gave each branch some means for interfering with—checking—the exercise of power by the other two branches. As James Madison stated in Federalist no. 51: “Ambition must be made to counteract ambition.” Thus, Congress is given primary responsibility for the enactment of legislation, but the president is authorized to recommend matters for its attention and to veto laws, although the veto can be overcome by a two-thirds vote in both houses. Many presidential appointments, including those to the federal courts, require Senate approval. The Supreme Court can declare actions by the other branches unconstitutional, but Congress can regulate the jurisdiction of the courts and the kinds of cases they may hear. What the Framers really created was a set of separate institutions sharing power. Jones puts it somewhat differently, stating that “these separated institutions often compete for shared powers!”1 The Framers’ intent was to use the principles of separation of powers and checks and balances to prevent the abuse of power and the intrusion by government on individual liberty. Whatever their influence in these respects, these principles have had other consequences. One is the decentralization of power. Another is creation of the need for cooperation and deference among the branches in order for the government to act effectively. Indeed, if each branch were to insist on the fullest exercise of its prerogatives, the government would end in deadlock. A third is to make American government inefficient in its operation—the Framers saw the need to frustrate the ambition of stronger factions (including political parties holding majorities) by forcing the inclusion of other power structures. Much time and effort are often required to make policy decisions, and the content of the resulting policy is often diluted and moderated. Conventional wisdom holds that the national government performs more effectively when both houses of Congress and the presidency are controlled by the same party. However, divided governments, where one party controls the White House (usually the Republicans) and the other party controls one or both houses of Congress, existed for all but fourteen years during the 1969–2020 period. This condition is thought to contribute to gridlock, a situation in which partisan, ideological, and other differences make it difficult for the government to deal effectively with important problems. If one believes that the government should act decisively on all problems soon after they reach the policy agenda, something of a case could be made for the gridlock contention. In actuality, it has frequently taken the government many years, even decades, to adopt legislation on such contentious matters as federal aid to education, medical care, civil rights, and welfare reform. Even in years where one party controlled Congress, such as with health care in 2009–2010 or tax cuts in 2017, the path to policy adoption is still messy and fraught with danger for emergent policy proposals. Further doubt on the divided government-gridlock contention was cast by Mayhew’s study of the 1946–1990 era.2 Using the criteria of enactment of important legislation and the conduct of major congressional investigations of alleged misconduct in the executive branch, the study finds there are no major Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Chapter 2 The Policy Makers and Their Environment 39 differences in governmental output between periods of divided and unified government. Mayhew was not concerned with whether presidents got what they wanted from Congress or with the ideological hue of legislation. However, another study determined that, when seriously considered, more important legislation failed to be enacted under divided government than under unified government. Legislation opposed by the president was especially likely to fail under divided government.3 These studies leave one uncertain as to the validity of the argument that unified party control is a requisite for effective national governance. Power in the American political system is further dispersed by the principle of federalism, which created separate national and state governments, each deriving its power from the Constitution. Essentially, the Constitution assigns delegated and implied powers to the national government and unspecified reserved powers to the state governments. The basic arrangement is summarized by the Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Before moving on, it should be pointed out that the Constitution also divides power between government and the populace. Note that phrase in the Tenth Amendment, “or to the people.” The Bill of Rights places a variety of matters beyond the reach of government, such as freedom of speech, press, religion, and assembly. These are not absolute, however. Other limitations are found in the main body of the Constitution. American government is limited government, even if it comes to be called “big government.” Article I, Section 8 of the Constitution delegates to Congress such powers as those to tax and spend for the general welfare, to regulate interstate and foreign commerce (the “commerce clause”), to coin money and regulate the value thereof, to establish post offices and post roads, to raise and support armies and a navy, and to declare war. Congress is also authorized “to make all laws which shall be necessary and proper for carrying into execution” these and other powers assigned to the national government. The “necessary and proper” clause has served to significantly enhance the scope of the national government’s power. The reach and power of the national government have undergone continual expansion since the Constitution’s adoption, albeit more rapidly in some eras than others. Today, the national government is vastly more active and powerful than it was in 1850, 1900, or even 1950. National policies now apply to many areas once regarded as the domain of the states; examples include public education, social welfare, highway construction and maintenance, and environmental protection. Current events and national crises serve to expand the role of the federal government and the dependence of states on federal resources—the response to COVID-19 pandemic demonstrated that state and local leaders look to Washington for guidance and resources, and they are often powerless without this information. See in particular, the scramble to obtain masks, ventilators, and other critical resources, with state governors resorting Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 40 Chapter 2 The Policy Makers and Their Environment to extreme ends to get these items—Governor Baker of Massachusetts sent the plane owned by the New England Patriots to China to get a mask shipment. Much of what the national government does is constitutionally based on the commerce clause—the authority to regulate interstate and foreign commerce. Since the 1930s, the commerce clause has been given an expansive interpretation by the Supreme Court. In 1995, however, the Court, by a 5–4 majority, declared unconstitutional the Gun-Free School Zones Act of 1990. This law, which made possession of a gun within 1,000 feet of a school a federal crime, was held to be “a criminal statute that by its terms has nothing to do with ‘commerce’ or any sort of economic enterprise, however broadly one might define those terms.” Not since 1936, when it struck down a law regulating wages and hours in the coal industry, had the Court declared a congressional action unconstitutional as in excess of the commerce clause. Notwithstanding the national government’s growth, the state governments (and their local governments) continue to be important policy makers in many areas, including law enforcement, definition and protection of property rights, public education (both higher and lower), land-use regulation, construction and maintenance of highways and streets, occupational licensing, gambling, mental health services, and public sanitation services. Indeed, some observers contend that there has been a “resurgence of the states” as a consequence of institutional, legislative reapportionment; increased cooperation among the states; and distrust and lack of confidence in the national government.4 In the nineteenth century, the dominant conception of national–state relationships was called dual federalism. Each level of government had its distinct functions that it handled independently of the other. In the twentieth century, dual federalism gave way to cooperative federalism, where all levels of government—national, state, and local—cooperate in the development and implementation of public policies. Thus, the state and the local governments play a major role in the enforcement of national environmental pollution-control and welfare programs. One would be hard-pressed to identify a policy area in which they have no involvement or effect. Although the Constitution does not require the states to employ the principle of separation of powers in organizing their governments, they all do so in various ways. The states have created many local governments (more than 90,000 separate entities in 2017; see Table 2.1) to handle the local administration of state functions, such as law enforcement and public education, and to provide for local self-government. In practice, local governments frequently operate with only limited supervision and control by the state agencies and officials. Along with the states, they provide additional arenas for policymaking and implementation. The existence of this multitude of governments—national, state, and local— together with the separation of powers enables interest groups and others to engage in “arena shopping.” Those dismayed with policy produced by one level or branch of government may look elsewhere for satisfaction. Thus, environmental groups in the 1960s and 1970s shifted their attention from the state Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Chapter 2 The Policy Makers and Their Environment 41 Table 2.1 Local Governments, 2017 Counties 3,031 Municipalities 19,495 Townships 16,253 Special districts 38,542 School districts 12,754 Total 90,075 Source: United States Bureau of the Census: 2017 Census of Governments. level to Washington and to the judiciary in search of pollution control and environmental protection. However, after the early 1990s, when the national government became unresponsive, environmental groups shifted focus and sought favorable action from the Pacific Coast and Northeastern states. Economic development interests generally have found state and local governments more inclined to do their bidding. State governments often tumble all over themselves offering incentives to entice new businesses. In recent years, business groups have become dissatisfied with the variance of state laws on product liability and the large monetary awards sometimes granted to aggrieved consumers by state courts. Although product liability traditionally has been handled by the states, organized business has turned to Washington for relief, where they have drawn support from the Republicans in Congress. Likewise, during the COVID-19 pandemic, many business groups lobbied Congress for a “liability shield” that would protect them from lawsuits from employees or customers who contracted the virus. While supporters of this proposal, including Senator Mitch McConnell, have strongly advocated for such liability protections, these lawsuits have not proven to be a problem yet. Similarly, powerful interests that have come to lose in one venue can reshape the terrain by bringing in new powerful players. In 1998, coordinated action by state attorneys general resulted in the tobacco Master Settlement Agreement in which cigarette manufacturers agreed to pay states for medical damages in exchange for a general legal protection from further lawsuits. States will continue receiving payments in to the 2020s under this agreement, which are intended to fund smoking cessation programs and reimburse for the health costs of smoking. Describing and analyzing policymaking at all three levels of government are tasks too extensive for one book. Hence, the remainder of this book will focus on the national government’s action on domestic issues but will not wholly exclude foreign policy, American state and local governments, or other political systems. This chapter will begin by examining the environment in which policymaking occurs and which helps to shape its actions—something that Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 42 Chapter 2 The Policy Makers and Their Environment tends to be overlooked by rational-choice theory but to which we are alerted by systems theory. Then we will survey the official and unofficial participants in the policymaking process. Policymaking in the European Union (EU) follows many of the same general principles, though the differences demonstrate that institutional design matters. The principles of federalism described in the American context are even more significant in the EU, as the decentralized nature of the superstate limits centralized decision-making. Consensus is crucial in regulation, as unanimous support among member states is often required to pass major initiatives. Likewise, EU authorities often find themselves pushing the limits of their authority when responding to crises. Despite many of the challenges of policymaking in this environment, effective regulation is still possible—the EU’s adoption of the General Data Protection Regulation (GDPR) in 2016 was seen as a model for protecting consumer privacy on the Internet and influenced state-level action in California. The Policy Environment Policymaking cannot adequately be studied apart from the environment or context in which it occurs. According to systems theory, demands for policy actions stem from problems and conflicts in the environment and are transmitted to the political system by groups, officials, and others. At the same time, the environment both limits and directs what policy makers can effectively do. The environment, broadly viewed, includes geographic characteristics such as climate, natural resources, and topography; demographic variables such as population size, age distribution, racial composition, and spatial location; political culture; social structure, or the class system; and the economic system. Other nations become an important part of the environment when foreign and defense policies are involved. The discussion here focuses on a pair of these environmental factors that have received much attention from political scientists (although not always from a policy-studies’ perspective): political culture and socioeconomic conditions. Political Culture Every society has a culture that differentiates its members’ values and lifestyles from those of other societies. Kluckhohn defined culture as “the total life way of a people, the social legacy the individual acquires from his group. Or culture can be regarded as that part of the environment that is the creation of man.”5 Most social scientists seem to agree that culture shapes or influences social action but does not fully determine it. Culture is only one of many factors that may give form and direction to human behavior. We are interested here in the portion of the general culture of a society that can be designated political culture: widely held values, beliefs, and attitudes on what governments should try to do, how they should operate, and Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. The Policy Environment 43 relationships between the citizen and government.6 Political culture is transmitted from one generation to another by socialization, a process in which the individual, through many experiences with parents, friends, teachers, political leaders, and others, learns politically relevant values, beliefs, and attitudes. Political culture, then, is acquired by the individual, becomes a part of their psychological makeup, and is manifested in their behavior. Within a society, variations among regions and groups may result in distinctive subcultures. In the United States, variations are noticeable in political culture (subcultures) between different geographic regions, ethnicities, and generations. A society’s political culture is not static; it changes and evolves over time, though the pace of change among its components will vary. As a consequence of the Great Depression and the New Deal, most Americans tolerate or support much more government intervention in the economy than they once did. In recent decades, attitudes have changed greatly on commercial gambling. Once viewed as evil and criminal, it was generally banned. (Nevada was an exception, having legalized gambling in 1931.) Now only two states do not have some form of legal gambling—lotteries, casinos, parimutuel betting, and so forth. Gambling is now regarded as entertainment and a way to raise needed government revenue. On the other hand, Americans continue to be distrustful or skeptical of government. The Constitution was framed and adopted in an era when people distrusted government. Hence, federalism and the separation of powers were used to disperse governmental power and prevent its abuse. “Distrust of government is as American as apple pie,” says Huntington. “It has historically been a central, continuing, and distinctive element of the American political tradition and the idea that people should trust their government is a radical departure from that tradition.”7 Starr argues that “it is the anti-governmental attitude on the [political] right that particularly distinguishes Americans’ political culture. American conservatives have been far more anti-statist than European conservatives, who have often played a central role in expanding the welfare state.”8 Both sides of the political spectrum are deeply skeptical of certain components of government. Those on the left are often wary of law enforcement, with groups such as Black Lives Matter putting increasing attention on police violence. Meanwhile, those on the right have often organized against the overreach of the federal government overall, including movements like the Tea Party in 2010. Elazar contends that there are three identifiable political cultures— individualistic, moralistic, and traditionalistic—and mutations thereof scattered throughout the United States.9 The individualistic political culture emphasizes private concerns and views government as a utilitarian device to be used to accomplish what the people want. Politicians are interested in holding office as a means of controlling government’s favors or rewards. The moralistic political culture views government as a mechanism for advancing the public interest. Government service is considered public service. More governmental intervention in the economy is accepted, and there is much Copyright 2023 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. 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