This brief, supplemental text is intended for  introductory courses in American government, or intermediate level courses on public policy, public administration, and administrative law. This new 6th edition is a now part of the Paul S. Herrnson (Editor) series Real Politics in America. Recognizing the centrality and complexity of modern bureaucracy public policy making, Smoking and Politics helps the reader understand why under our system of government tobacco is a legal and thriving industry despite the harms caused by using its products. '

“I drew on Smoking and Politics in writing my doctoral dissertation 35 years ago. Now in a thoroughly updated sixth edition, this remarkably successful book dissects a critical public health issue where legislative, regulatory, judicial, and interest group politics intersect. Fritschler and Rudder cut through political pressures and intergovernmental jockeying with clarity and insight, giving particular attention to the often-underestimated role of executive and independent agencies in policy making. “

David Price, Member of Congress, 4^th District, North Carolina

“Fritschler and Rudder have done a superb job of weaving together the complexities involved in addressing the number one controllable cause of death in world. They show that good intentions must be supplemented by deep knowledge of political institutions and strategic savvy. This brief volume will be valuable to anyone who wants to understand how policy actually is made.”

            David A. Kessler, M.D.,  former Commissioner, U.S. Food and Drug   Administration, Dean, University of California San Francisco, School of Medicine

“A must read for any student of government, Fritschler and Rudder's new edition  of Smoking and Politics: Bureaucracy Centered Policy Making utilizes the tobacco wars as a format to point out the importance of the bureaucracy to solve critical problems and to provide an alternative law making forum. By utilizing the tobacco wars as the central theme, they make the subject interesting and readable.  The book points out the full panoply of bureaucratic processes including regulation, litigation, rule making, researching, and plain old politicking. Fritschler and Rudder have produced an excellent text for students and non-students alike.\" 

 Judith P. Wilkenfeld, Vice President, International Department, Campaign for Tobacco Free Kids

“Smoking and Politics” has become an American public policy classic, and a case study that is a must read for any scholar or student interested in how public policy is really made in our national government. This 6^th edition of the book updates and provides new perspectives on the dynamic interaction of politicians, business interests, and the nation’s professional bureaucracy.”

Charles F. Bonser, Founding Dean and Professor, School of Public and Environmental Affairs, Indiana University

“Hooray for Fritschler and Rudder!!  This policy making classic keeps getting better--it is an invaluable analysis of the way stalwart bureaucrats and regulators can provide crucial political leadership in this many splendored yet many splintered constitutional system.”

            Thomas E. Cronin, McHugh Professor of  American Institutions and Leadership, Colorado College , author of Government by the People (21^st edition, 2005).

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CONTENTS  

Preface

Chapter 1.  Introduction to Policymaking in the Bureaucracy

    The Surprising Reach of Administrative Policymaking

    Smoking and Health: How an Issue Mutates over Time

    Diluted Response to the Impact of Smoking: Why?

    Bureaucracy Centered Policymaking

    Notes

Chapter 2.  The Grip of Tobacco Interests on Policymaking 

   The Prohibition Era: A Short-Lived, State-Level Phenomenon

    Science Uncovers a Larger Health Hazard

    Congress Rebuffs Health Proponents

    Birth of a Powerful, Seemingly Invincible Lobby

    The Tobacco Policy Subsystem

    The Transformation of Tobacco Politics: The Collapse of a Policy Monopoly

    Beyond the Subsystem: Tobacco Interests and Their Allies

    The Schizophrenia of Business toward Government Regulation

    Notes

Chapter 3.  Smoking and Health Move to the Public Agenda: The Surgeon General Reports and the FTC Acts

    Regulation on the Basis of False Advertising

    Where Do Issues Come From? Where Do They Go? Why?

    A Challenge to the Old Subsystem

    A Bureaucracy Divided: The Government Does Not Speak with One Voice

    An Advisory Committee Sets a New Policy Direction in Motion

    Support for a Health Warning: Serendipity and Allies

    Advisory Committees as Legitimizing Agents: The Importance of Neutral Expertise

    Impact of the Advisory Committee's Report: Staging and Content

    Bureaucrats and Members of Congress: A System of Mutual Dependencies

    Notes

Chapter 4.  The Legal Basis of  Bureaucracy Centered Policymaking

    Congressional Delegation of Authority

    Regulatory Authority Delegated to the FTC

    The Supreme Court on Delegation

    Change in Emphasis at the FTC

    Notes

Chapter 5.  Effective Enforcement and Strategies to Combat It: Procedures Used in Administrative Policymaking

    Adjudication and Rule Making at the Federal Trade Commission

    The FTC's Experience with Cigarette Regulation

    The FTC Adopts Rule-Making Procedures

    The Rule-Making Hearings

    Cigarette Hearings at the FTC

    Witnesses    

    Industry Strategy: Challenge the Authority, Not the Merits

    The Commissioners Respond

    The FTC's Defense of Its Action

    Promulgation of Rules

    Expanding Delegation and Diminishing Accountability

    Tobacco Interests Object to the Rule

    Notes

Chapter 6.  Congressional Power and Agency Policymaking

    Congressional Oversight

    The Federal Trade Commission's Oversight Struggle

    No Victory for Health

    Strategy for Success

    The Health Lobby

    The Congressional Hearings

    The Cigarette Industry Testifies

    The FTC Rescinds Its Rule

    Notes

Chapter 7.  The Bureaucracy, Congress, and the President: Balancing Acts

    The FCC Enters the Fray

    The FCC Intensifies the Battle

    Fitful Progress: The Efforts of a Persistent FTC

    Keeping the Pressure On: The Politics of Information

    The Surgeon General: Information, Not Regulation

    The Industry Fights Back: Politics Turns Information on Its Head

    The Role of the President

    Big Tobacco under Siege: Multiple Venues

    Notes

Chapter 8.  The Courts Move into the Spotlight

    A New Era in Tobacco Litigation

    New Private Litigation: The Castano Case

    The Whistle-Blowers

    The First Settlement: Liggett and Myers Breaks Ranks

    Pressure Mounts for Global Settlement

    Developments in Wake of the MSA

    Notes

Chapter 9.  Policy Entrepreneurship in the Bureaucracy and  Beyond

    Getting the President on Board

    Kessler Presses On

    Combined Impact of 1998 Master Settlement Agreement and Kessler

    The Interaction of Markets and Politics

    Bureaucrats' Network: The Health Community Goes International

    Notes

Chapter 10.  Bureaucracy Centered Policymaking in a Democracy

   Bureaucrats Have Too Much Power

    External Checks on Bureaucratic Autonomy

    Administrative Procedure Act: Legislative and Judicial Authority of Agencies

    Administrative Law Judges

    Written Records

    Advisory Committees

    Accessibility

    The Policymaking Role of Bureaucracies Reconsidered

    Notes

Index \n

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