Relations Between the Executive and Legislative Branches
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Just as the nation's history impacts the role of the bureaucracy, relations between the executive agencies and the Congress are not unaffected by that same history. As some have noted, the Revolutionary War, with its battle cry of "No taxation without representation!" was, in essence, a revolt against the executive, as embodied in George III's colonial officers. The new nation's constitution reflected this anti-executive bias in the pride of place it gave to the Congress, the closest thing to the Continental Congress. The legislative branch was allotted far more attention as to its powers, rules, and duties than was the executive branch.
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Furthermore, the Constitution was "conspicuously mute" on the subject of administration of the government's bureaucracy:
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| | The Constitution makes no mention of "administration" or "management" and refers sparingly to "executing the laws." . . . The Constitutional Framers were not necessarily against strong, efficient management, although suspicion of British executive excesses still ran strong. [However,] the role of administration was perceived differently at a time when members of Congress outnumbered the entire executive branch workforce in Washington. Constitutional machinery was designed for its time, before the onslaught of modernizing and bureaucratizing forces. (Garnett 1987, 35-36)
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Prior to the adoption of the Constitution, the Continental Congress carried total responsibility for executive, judicial, and legislative functions for the new union. That pattern was carried into the creation of the first five federal departments: in 1789 the Congress stipulated in great detail the functions of each agency and the positions and salaries therein. From the beginning, then, Congress has been involved in the implementation, as well as the formulation, of public policy (NAPA 1992, 20).
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This history means that the Congress today continues to feel a responsibility to ensure the proper functioning of the executive agencies, particularly the Treasury Department, to which it has long-standing ties, thanks to its responsibility for the purse. The Constitution established a "system of separate institutions sharing powersa design intended to prevent tyranny, protect liberty, and promote good government" (ibid., 21).
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There can, of course, be no absolute separation of powers because the executive branch and the Congress overlap in function and responsibility. As discussed above, the paired doctrines of the separation of powers and
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