Discuss the role of administrative agencies in American government. Explain the classification of agencies, enabling acts, delegation, and separation of powers in your discussion.

Question

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Answer 1

Administrative agencies are a growing part of American government. Agencies are created by an enabling act that states the structure, function and powers of the agency. It may provide for an executive order to be issued that allows the executive branch to create the agency. Agencies must conduct themselves within the powers created by the enabling act.

Agencies may be classified as executive agencies or independent agencies. Executive agencies are departments within the executive branch of government. The head or secretary is appointed, with Senate approval, by the chief executive, and serves at the pleasure of the chief executive. Independent agencies are governed by a commission or board of directors. While the commissioners are appointed by the chief executive, with legislative approval, they generally serve fixed terms and cannot be removed except for cause. Independent agencies are less subject to political pressure. Agencies are referred to as regulatory agencies when their main purpose is to oversee a particular industry.

The delegation doctrine has been enunciated by the courts as permissible under the power of the Congress to make laws “necessary and proper” to carrying out its legislative authority. Enabling acts are upheld if Congress enunciates intelligible standards, although the specific regulations may be enacted by the agency. Delegation may not be to private parties nor can Congress delegate its authority to tax. Additional safeguards such as procedural due process and judicial review are also required.

Administrative agencies may be authorized to engage in quasi-executive (investigatory), quasi-legislative (rule-making) and quasi-judicial (adjudicatory) functions. As a result, some question whether there are sufficient checks and balances on administrative agencies.