Lower Court Checks on Supreme Court Power

E-ISSN： 1537-5943|53|4|1017-1031

ISSN： 0003-0554

Source： American Political Science Review, Vol.53, Iss.4, 1959-12, pp. : 1017-1031

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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.