Gavin Howe
Administrative law is a division of law that governs the activities of executive branch agencies of government. It includes executive branch rulemaking, adjudication, and the enforcement of laws. The development of administrative law is often associated with the creation of administrative agencies, which were established to address complex and evolving issues in American life. These agencies are created by statutes, executive orders, or constitutional provisions, and they produce substantive law within their jurisdiction. While some view administrative law as a modern development, others trace its origins back to the early practices of the US federal government and the influence of Prussian bureaucratic power. The Administrative Procedure Act (APA), enacted in 1946, aimed to establish fair procedures for administrative agencies and address concerns about their expanding authority.
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What You'll Learn
Administrative law's development
The development of administrative law has been a gradual process, with its origins often traced back to the 19th century and the expansion of railroads in the United States. As early as the 1840s and 1850s, some states attempted to regulate railroads through legislation, leading to the creation of administrative agencies or commissions. These agencies were tasked with investigating railroads and drafting specialised legislation. However, the concept of administrative law as a separate branch of law was not widely recognised until the 20th century.
In the United States, the creation of the Interstate Commerce Commission by Congress in 1887 is considered a significant milestone in the development of administrative law. Over time, Congress established more federal administrative agencies, such as the Department of the Navy, the Office of the Attorney General, and the Department of the Interior. This expansion of administrative agencies led to the recognition of administrative law as a distinct field.
The American Bar Association (ABA) played a critical role in shaping administrative law. In 1933, the ABA appointed a special committee on administrative law, reflecting the growing importance of this field. In 1946, the Administrative Procedure Act (APA) was enacted to address concerns about administrative law and provide judicial control over administrative actions. The APA established fair administrative law procedures, ensuring alignment with constitutional requirements of due process.
The development of administrative law has also been influenced by international legal orders and the need to regulate various aspects of human interaction, such as social, economic, and political spheres. This has resulted in the creation of specialised administrative courts in civil law countries and the expansion of administrative law beyond common law traditions.
While the specific origins of administrative law can be debated, it is clear that it emerged as a response to the increasing complexity of modern society and the need for specialised regulation. Administrative law continues to evolve, with a focus on efficient management of federal and state agencies and ensuring consumer protection for citizens.
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The role of Congress
Congress has played a significant role in the creation and development of administrative law in the United States. In 1887, Congress created the Interstate Commerce Commission, marking the beginning of administrative law according to some scholars. Congress continued to establish more such agencies over time, leading to the expansion of administrative law.
Congress has the power to create administrative agencies through statutes, which are known by various names such as commissions, boards, bureaus, or departments. These agencies are given the authority to "legislate", "adjudicate", and "execute" administrative goals. For example, they can make rules and regulations within their jurisdiction, such as in the areas of insurance law, tax law, and labor law.
In response to the rapid creation of new independent agencies in the early 20th century, Congress enacted the Administrative Procedure Act (APA) in 1946. This was done to establish fair administrative law procedures and address concerns about the growing power of administrative agencies. The APA provides a basic framework for the procedures used by federal agencies and ensures compliance with constitutional requirements, such as due process.
Congress has also created special judicial bodies known as Article I tribunals to handle specific areas of administrative law. These tribunals are designed to address issues that fall outside the federal executive departments but are still part of the executive branch of the government.
The actions of executive agencies and independent agencies are the primary focus of American administrative law. Congress has played a crucial role in overseeing and regulating these agencies to ensure they function within the boundaries set by the law. By creating the APA and establishing oversight mechanisms, Congress has demonstrated its role in shaping and guiding the development of administrative law in the United States.
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The Administrative Procedure Act (APA)
The APA addresses other agency actions such as the issuance of policy statements, licenses, and permits. It also sets forth standards for judicial review if a person has been adversely affected or aggrieved by an agency action. However, it does not establish procedural requirements for informal administrative adjudication.
The enactment of the APA was preceded by a series of developments in administrative law. In 1887, Congress created the Interstate Commerce Commission, marking the beginning of administrative law according to some scholars. As more federal administrative agencies were established, the American Bar Association (ABA) appointed a special committee on administrative law in 1933. The ABA's committee issued critical annual reports, viewing administrative law as an unlawful fourth branch of government that threatened the separation of powers.
In 1939, President Franklin D. Roosevelt requested that the U.S. attorney general form a committee to investigate the need for procedural reform in administrative law. This committee included judges, lawyers, and professors. The expansion of administrative law continued, with federal agencies exercising legislative, executive, and judicial powers. Congress recognized the need to establish procedures ensuring these agencies acted in accordance with constitutional requirements. Thus, the APA was enacted, and on June 11, 1946, President Harry Truman signed it into law.
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The expansion of railroads
The Pacific Railway Act of 1862 authorized the construction of a transcontinental railroad, stretching from the Missouri River to the Pacific Ocean. This ambitious project was undertaken by the Union Pacific and Central Pacific Railroad companies, with support from the federal government. The act provided government incentives, including land grants and bonds, to encourage private investment in this massive undertaking. The construction faced numerous challenges, including harsh weather, rugged terrain, and conflicts with Native Americans. Nonetheless, on May 10, 1869, the two railroad lines were joined at Promontory, Utah, in a ceremony marked by the driving of the "Golden Spike."
In the years following the Civil War, railroads became a vital mode of transportation, connecting distant regions and facilitating trade and economic growth. However, the railroad industry was largely unregulated during this period, leading to the emergence of monopolies and unfair practices. The lack of regulation resulted in public distrust, as railroads were accused of rate discrimination, stock manipulations, and wielding corrupt political influence. This situation prompted calls for regulatory intervention to address these issues and ensure fair practices in the industry.
In response to the public demand for constraints on railroads' conduct, Congress passed the Interstate Commerce Act in 1887. This landmark legislation established the Interstate Commerce Commission (ICC), the first independent regulatory agency of the US government. The ICC was tasked with hearing complaints against railroads, investigating and prosecuting violations, and promoting competition to prevent monopolies. The act also set guidelines for how railroads conducted business, including requirements for annual reports and a ban on special rates arranged among railroads.
Over time, the authority of the ICC evolved, with amendments such as the Hepburn Act of 1906 and the Mann-Elkins Act of 1910 strengthening its regulatory powers. The ICC's role extended beyond railroads to include other industries, such as telephone, telegraph, and cable companies. However, with the rise of competing modes of transportation like cars, buses, and trucks, the railroad industry faced increasing competition and a decline in its dominance. This led to further legislation, such as the Staggers Act, which deregulated the railroad industry and enabled it to reverse its previously declining share of the transportation market.
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The creation of administrative agencies
The expansion of railroads in the United States in the 1840s and 1850s led to economic problems such as monopolies and bankruptcies. In response, some states passed laws to govern the railroads' management, control, and operation. However, these laws were largely ineffective due to the lawmakers' lack of specialised knowledge. This led to the creation of administrative agencies, known as commissions, which had the necessary expertise to draft effective legislation.
In the early 20th century, the rapid creation of new independent agencies raised concerns about the procedures used by federal agencies. In response, Congress enacted the Administrative Procedure Act (APA) in 1946, which President Harry Truman signed into law. The APA established fair administrative law procedures to comply with the constitutional requirements of due process and address concerns about administrative law. The APA also provided a basic framework for the procedures used by federal agencies.
Administrative agencies are created by statutes, executive orders authorised by statutes, and state constitutional provisions. They are referred to by various names, including commissions, boards, authorities, bureaus, offices, departments, or divisions. These agencies have specialised staff with expertise in areas such as law, accounting, and engineering, which are crucial for their effective operation. The three main functions of federal administrative agencies are investigating, rulemaking, and adjudicating.
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Frequently asked questions
There is no single person who created administrative law. It is a division of law that has developed over time, with its origins in the 18th and 19th centuries.
Administrative law refers to the legal doctrines that govern the structure, decision-making, and behaviour of administrative agencies or executive branch agencies of the government.
When an executive agency issues a rule, such as restricting activities that result in pollution, or how citizens can use their land, it is an attempt to exercise binding legislative power through an administrative edict, rather than an act of Congress.
