The pursuit of preference : adminstrative implementation of the Civil Rights of Institutional Persons Act

This study examines when an administrative strategy is most likely to lead to the realization of a president's policy preference, and the effect of the use of such a strategy on career employees within the targeted agency. The focus is the Reagan Administration's implementation of the Civil Rights of Institutionalized Persons Act. Careerist response to implementation was measured through a survey and interviews of career attorneys and supervisors in the Department of Justice.

The results show that many of the factors associated with implementation success, including statutory discretion, Congressional oversight, and the attitude and activity level of stakeholders, also affect the likelihood of success of an administrative strategy, as do ideological consistency and policy clarity. The nature of the policy preference it desires affects the type of careerist response the administration seeks. If policy redirection is great, the strategy will be more successful if it causes opposing careerists to leave quickly and quietly. If the change is incremental, careerists should be encouraged to remain to benefit from their institutional knowledge and experience. Minimizing careerist input can be detrimental to realization of an administration's policy preference, and may not allow for the protection of minority rights.