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The Appointments Dilemma

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  • Nolan McCarty

Abstract

In a separation of powers political system, effective bureaucratic control may be undermined by the fact that the power to appoint bureaucrats is controlled by a different set of principals from those that may control them through statutory or budgetary means. In particular, executives have proposal power over bureaucratic appointments and removals while legislators have proposal power over laws. In this article, I explore the consequences of this division of authority for bureaucratic outcomes. I argue that this pattern of authority often produces outcomes inferior to those generated when appointment, removal, and legislative powers are centralized as is the case in many parliamentary systems. The model reveals that restricting executive removal power can mitigate these problems. Finally, I discuss the relevance of this appointments dilemma for bargaining over bureaucratic structures with a focus on removal powers, independent commissions, and civil service rules.

Suggested Citation

  • Nolan McCarty, 2004. "The Appointments Dilemma," American Journal of Political Science, John Wiley & Sons, vol. 48(3), pages 413-428, July.
    • Handle: RePEc:wly:amposc:v:48:y:2004:i:3:p:413-428
    DOI: 10.1111/j.0092-5853.2004.00078.x
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    1. Ronald N. Johnson & Gary D. Libecap, 1994. "The "Problem of Bureaucracy"," NBER Chapters, in: The Federal Civil Service System and the Problem of Bureaucracy, pages 1-11, National Bureau of Economic Research, Inc.
    2. Ronald N. Johnson & Gary D. Libecap, 1994. "The Federal Civil Service System and the Problem of Bureaucracy," NBER Books, National Bureau of Economic Research, Inc, number john94-1.
    3. Johnson, Ronald N. & Libecap, Gary D., 1994. "The Federal Civil Service System and the Problem of Bureaucracy," National Bureau of Economic Research Books, University of Chicago Press, edition 1, number 9780226401713, August.
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    Cited by:

    1. Kenneth Shepsle & Barry Weingast, 2012. "Why so much stability? Majority voting, legislative institutions, and Gordon Tullock," Public Choice, Springer, vol. 152(1), pages 83-95, July.
    2. Gary E Hollibaugh Jr, 2015. "Vacancies, vetting, and votes: A unified dynamic model of the appointments process," Journal of Theoretical Politics, , vol. 27(2), pages 206-236, April.
    3. Charles M. Cameron & John M. de Figueiredo & David E. Lewis, 2016. "Public Sector Personnel Economics: Wages, Promotions, and the Competence-Control Trade-off," NBER Working Papers 22966, National Bureau of Economic Research, Inc.
    4. Attig, Najah & Driss, Hamdi & El Ghoul, Sadok, 2021. "Credit ratings quality in uncertain times," Journal of International Financial Markets, Institutions and Money, Elsevier, vol. 75(C).
    5. John M. de Figueiredo & Edward H. Stiglitz, 2015. "Democratic Rulemaking," NBER Working Papers 21765, National Bureau of Economic Research, Inc.
    6. Jinhee Jo & Lawrence S. Rothenberg, 2012. "Rational incompetence," Journal of Theoretical Politics, , vol. 24(1), pages 3-18, January.
    7. Grossman, Gene M. & Helpman, Elhanan, 2008. "Separation of powers and the budget process," Journal of Public Economics, Elsevier, vol. 92(3-4), pages 407-425, April.
    8. Marco Sorge, 2015. "Lobbying (strategically appointed) bureaucrats," Constitutional Political Economy, Springer, vol. 26(2), pages 171-189, June.
    9. Jinhee Jo & David M Primo & Yoji Sekiya, 2017. "Policy dynamics and electoral uncertainty in the appointments process," Journal of Theoretical Politics, , vol. 29(1), pages 124-148, January.
    10. Vincent Anesi & Daniel J. Seidmann, 2009. "Optimal Delegation with a Finite Number of States," Discussion Papers 2009-20, The Centre for Decision Research and Experimental Economics, School of Economics, University of Nottingham.
    11. Ryan Bubb & Patrick L. Warren, 2014. "Optimal Agency Bias and Regulatory Review," The Journal of Legal Studies, University of Chicago Press, vol. 43(1), pages 95-135.
    12. Andonie, Costel, 2023. "Dismissal power," Journal of Mathematical Economics, Elsevier, vol. 106(C).
    13. Fang-Yi Chiou & Lawrence S Rothenberg, 2014. "Executive appointments: Duration, ideology, and hierarchy," Journal of Theoretical Politics, , vol. 26(3), pages 496-517, July.

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