Critics of administrative agencies claim that they violate the doctrine of separation of powers. Explain the basis for this criticism. Explain why agencies are so prevalent despite the absence of any explicit provision for their existence in the Constitution. Discuss fully

Answer 1

The U.S. Constitution provides for a legislature, an executive, and a judiciary. This division of power creates a system of checks and balances to preserve liberty. It does not specifically provide for administrative agencies, thus raising the question of whether the delegation of legislative and judicial powers to an administrative agency is constitutional. Agencies make rules, conduct formal adjudications, take informal discretionary action, and conduct investigations. There is no separation of powers doctrine acting as a check on agencies. Agencies are needed because it would overburden the court system to hear the disputes. Additionally, Congress and the state legislatures frequently lack the time, human resources, and expertise to enact detailed regulations.