Lower Court Checks on Supreme Court Power

Walter F. Murphy

American Political Science Review, 1959, vol. 53, issue 4, 1017-1031

Abstract: Practicing politicians as well as students of politics have long recognized the check on presidential power imposed by the federal administrative machinery. High policy must be interpreted; it can sometimes be changed or even frustrated by the bureaucrats who apply laws and executive orders. Officials down the line have interests, loyalties, and ambitions which go beyond and often clash with the allegiance accorded a given tenant of the White House. Each bureaucrat has his own ideas about proper public policy, particularly in his field of special competence. If a career civil servant, he may identify only partially, if at all, the good of the governmental service, not to say the good of the public, with the ends sought by the Administration. And if he owes his appointment or promotion to other sources than the merit system, he may find a positive conflict between his loyalties to the President and to other politicians or political groups.This conflict can occur at all administrative levels. Cabinet members may make up the President's official family, but some of them are at times his chief rivals for power within his own political party, or, more often, representatives of those rivals. Or the department heads may be so split with sibling political rivalry among themselves that common loyalty to their nominal leader may be subordinated to other values. An observer has lately written: “The conditions which a system of fragmented power sets for the success and the survival of a Cabinet officer encourage him to consolidate his own nexus of power and compel him to operate with a degree of independence from the President.”

Date: 1959
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