Kara Sears
The US Constitution divides the federal government into three branches: legislative, executive, and judicial. Congress, comprising the Senate and House of Representatives, is the lawmaking branch. A bill is a proposal for a new law or a change to an existing law. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to it before putting it before the chamber to be voted on. The President can veto this legislation, but Congress can override this veto. Congress may also establish legislative agencies to assist in carrying out its duties, such as providing guidance and resources, and enforcing laws passed by legislative bodies. These agencies are bureaucratic institutions entrusted with the implementation, management, and administration of law and public policy.
| Characteristics | Values |
|---|---|
| Type | Executive agencies, independent agencies, and legislative agencies |
| Control | The President has greater control over executive agencies than independent agencies |
| Purpose | Implement, manage, and administer law and public policy |
| Examples | Department of Justice, Department of Defense, Federal Trade Commission, Securities and Exchange Commission, Environmental Protection Agency, Congressional Budget Office, Government Publishing Office, Architect of the Capitol, Office of Congressional Workplace Rights |
| Powers | Create and enact laws, conduct investigations, enforce laws, issue interpretive rulings or guidance letters |
| Judicial Body | Administrative Law Judge |
| Judicial Deference | Chevron, Auer, and Skidmore deference |
| Oversight | Legislative agencies are subject to legislative oversight and must provide reports and updates on their progress |
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What You'll Learn
- Legislative agencies are created by state legislatures to support Congress
- Executive agencies are overseen by the President and include the Department of Justice
- Independent agencies are independent from the President and include the Federal Trade Commission
- The President can appoint the heads of agencies and Cabinet members
- Agencies can issue interpretive rulings and guidance letters
Legislative agencies are created by state legislatures to support Congress
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. The legislative branch, or Congress, is made up of the House of Representatives and the Senate. All legislative powers are granted to Congress, meaning that it is the only part of the government that can make new laws, change existing laws, and declare war. Congress also has the right to confirm or reject many presidential appointments, and it maintains substantial investigative powers.
Congress is supported by various agencies and offices that fall under the legislative, executive, and judicial branches. These agencies are bureaucratic institutions entrusted with the implementation, management, and administration of laws and public policies. They are agents of their principals, the three constitutionally created branches of the government, who delegate legislative, executive, and judicial functions to them. The United States Code defines the term "agency" broadly, excluding from the definition only Congress, the United States courts, and the governments of US territories, possessions, and the District of Columbia. This leaves a wide range of government departments, bureaus, commissions, boards, administrations, and agencies within the definition of "agency."
Legislative agencies, in particular, are created by state legislatures to support Congress in its law-making and enforcement functions. For example, the Government Accountability Office (GAO), founded in 1921 as the General Accounting Office, audits and generates reports on every aspect of the government, including the budgets and financial statements sent to Congress. Another example of a legislative agency is the Congressional Budget Office, which provides cost estimates for committee reports that accompany bills or resolutions with federal unfunded mandates.
While Congress has the sole authority to enact legislation, it relies on agencies to administer, enforce, and regulate the laws it creates. Some notable agencies include executive agencies such as the Department of Justice and the Department of Defense, as well as independent agencies such as the Federal Trade Commission, Securities and Exchange Commission, and Environmental Protection Agency. These independent agencies are not under the direct control of the President.
The level of deference afforded to administrative agencies by the courts has varied over time. The Chevron deference, for instance, was deemed by the Supreme Court to have exceeded the guidelines laid out in the Administrative Procedure Act. As a result, courts should not grant blind deference to the statutory interpretations of administrative agencies but instead must "independently interpret the statute and effectuate the will of Congress subject to constitutional limits."
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Executive agencies are overseen by the President and include the Department of Justice
In the United States, the Constitution divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch is made up of Congress, which includes the Senate and the House of Representatives, along with special agencies and offices that support Congress. The President of the United States is the head of the executive branch and is responsible for implementing and enforcing the laws written by Congress. The executive branch includes the Vice President and the Cabinet, which is made up of the heads of the 15 executive departments. These departments carry out the day-to-day administration of the federal government and include the Department of Justice, the Department of Defense, the Environmental Protection Agency, and the Social Security Administration. The President appoints the heads of these departments, who are typically confirmed by the Senate.
The executive branch also includes various executive agencies, such as the Central Intelligence Agency (CIA), that are under the full authority of the President. These agencies assist the President in executing the laws and policies of the federal government. The President appoints the leaders of these agencies, who are responsible for ensuring that the agencies operate effectively and efficiently in carrying out their designated tasks. While the President has the power to appoint the heads of federal agencies, Congress plays a crucial role in confirming or rejecting these nominees. This system of checks and balances helps ensure that the President's power is balanced by the legislative branch.
The Department of Justice, as part of the executive branch, plays a crucial role in upholding the law and ensuring justice is served. It is responsible for enforcing the law, prosecuting criminal cases, and ensuring that the rights of citizens are protected. The head of the Justice Department, known as the Attorney General, is a key member of the President's Cabinet. The Attorney General advises the President on legal matters and plays a vital role in shaping the country's legal landscape.
While the President has the authority to oversee executive agencies, there has been a growing trend of independent regulatory agencies operating with minimal Presidential supervision. These agencies, such as the Federal Trade Commission and the Securities and Exchange Commission, have been permitted to promulgate significant regulations without direct review by the President. This has raised concerns about accountability and the cohesive execution of federal law. To address these concerns, policies have been implemented to ensure Presidential supervision and control over the entire executive branch, including independent regulatory agencies.
In conclusion, executive agencies, including the Department of Justice, are an essential part of the US government's structure. They are overseen by the President and play a crucial role in implementing and enforcing the laws created by Congress. The President appoints the heads of these agencies and ensures that they operate effectively to serve the American people. However, the rise of independent regulatory agencies has led to efforts to increase their accountability to the President and, ultimately, to the citizens of the United States.
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Independent agencies are independent from the President and include the Federal Trade Commission
In the United States, agencies are "bureaucratic institutions entrusted with the implementation, management, and administration of law and public policy". They are agents of the three constitutionally created branches of government—the legislative, executive, and judicial branches—and are delegated legislative, executive, and judicial functions.
The President is the head of state, leader of the federal government, and Commander in Chief of the United States armed forces. They can nominate heads of federal agencies, federal judges, and the Supreme Court, and Congress confirms or rejects these nominations. The President can also veto legislation created by Congress.
However, independent agencies exist outside the federal executive departments and the Executive Office of the President. They include independent executive agencies and independent regulatory agencies, which have been assigned rulemaking responsibilities or authorities by Congress. The heads of independent regulatory agencies can generally only be removed for cause, whereas heads of independent executive agencies can be removed without cause.
One example of an independent agency is the Federal Trade Commission (FTC). The FTC enforces federal antitrust and consumer protection laws by investigating complaints against companies and seeking to ensure that markets function competitively by eliminating unfair or deceptive practices. It was created in 1914 to prevent unfair methods of competition in commerce and has since been given greater authority by Congress to police anticompetitive practices and administer consumer protection laws.
Other examples of independent agencies include the Securities and Exchange Commission, the Environmental Protection Agency, the Consumer Financial Protection Bureau, and the Election Assistance Commission. These agencies are independent from the direct control of the President.
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The President can appoint the heads of agencies and Cabinet members
The President of the United States is the head of state and government, and the Commander-in-Chief of the armed forces. The President is responsible for executing and enforcing the laws created by Congress. The President also appoints the heads of federal agencies, including the Cabinet, and more than 50 independent federal commissions, such as the Federal Reserve Board and the Securities and Exchange Commission.
The Cabinet is an advisory body made up of the heads of 15 executive departments, appointed by the President and confirmed by the Senate. The members of the Cabinet are often the President's closest confidants and play an important role in the Presidential line of succession. The Cabinet departments include the Department of Defense, the Environmental Protection Agency, the Social Security Administration, and the Securities and Exchange Commission.
The Appointments Clause of the United States Constitution empowers the President to nominate and appoint public officials with the advice and consent of the Senate. This includes the appointment of ambassadors, Cabinet secretaries, federal judges, and other officers of the United States. The Appointments Clause ensures a measure of accountability for the President's choices in staffing important government positions.
The interpretation of the Appointments Clause has been the subject of debate, with the Supreme Court distinguishing between principal officers, who must be appointed by the President with Senate confirmation, and inferior officers, whose appointment Congress may place with the President, judiciary, or department heads. The specific phrase "Heads of Departments" has not been precisely defined by the Supreme Court, leading to varying interpretations in different cases.
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Agencies can issue interpretive rulings and guidance letters
The Administrative Procedure Act (APA) is a key statute that governs the procedures of federal agencies, including their rulemaking functions. Agencies must provide notice of proposed rulemaking and ensure that the final rule follows logically from the proposed rule. They must also demonstrate that they have considered all comments received during the rulemaking process.
In their adjudicatory roles, agencies have their own judicial bodies, known as Administrative Law Judges, who are part of the agency but must remain independent from agency officials. These judges adjudicate claims or disputes involving the agency impartially and are prohibited from engaging in ex parte contact with the agency, except in specific circumstances.
The level of deference given to agencies' interpretations has varied over time. The Chevron and Auer deference grant varying levels of deference based on the agency's expertise in a particular matter. However, in Loper Bright, the Supreme Court decided that courts should not blindly defer to agencies' interpretations but should independently interpret statutes while respecting constitutional limits.
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Frequently asked questions
Congress is the law-making branch of the US government. It is made up of the Senate and the House of Representatives.
The President can veto legislation created by Congress. However, Congress can override this veto with a vote, and the bill becomes a law.
Agencies are bureaucratic institutions that implement, manage, and administer laws and public policies. They are agents of the three constitutionally created branches of the US government—the legislative, executive, and judicial branches.
Agencies do not make laws in the traditional sense. They are responsible for enforcing laws passed by legislative bodies and must follow formal or informal procedures in creating their policies, procedures, and rules. Agencies can propose rules and publish them for public review and comment. Once all deadlines for public involvement have passed, the final rule is published in the Federal Register.
Some notable agencies include executive agencies such as the Department of Justice and the Department of Defense. Examples of independent agencies include the Federal Trade Commission, Securities and Exchange Commission, and the Environmental Protection Agency.
