Administrative Agencies and Separation of Powers
Ensuring responsibility for administrative agencies is the primary goal of administrative law. This body of law limits the executive branch’s authority and provides public transparency by allowing for judicial review of agency activities. An administrative agency first releases a draft rule. The rule is open to public comment, which may result in hearings and amendments. The Office of Administrative Law will examine the finished government before it becomes effective. Executive, quasi-legislative, and quasi-judicial duties are all performed by administrative agencies. They can conduct adjudicatory processes regarding infractions of laws or regulations, enforce rules and regulations, and make new laws and regulations through the regulatory process.
Administrative law provides transparency, accountability, and engagement by interested parties in the political process. Regulations of the Environmental Protection Agency and those that control the practice of medicine, law, engineering, and other professions are examples. Although administrative laws are neither criminal nor civil, they do have legal authority where they are applicable. Managerial decisions and rules & regulations are the two primary categories of administrative law. Both decisions are made by government committees or agencies mandated by Congress or a state legislature. Most of these organizations fall under the purview of the executive arm of government.
The 18th-century philosopher Montesquieu is credited with coining the phrase “Separation of Powers” (National Archives, 2018). A paradigm known as the separation of powers assigns distinct and autonomous powers to each branch of the government. The three branches of government interact with one another in this system of checks and balances. While each branch has its own jurisdiction, the government’s operation depends on the other branches’ authority as well. The three components into which the government is typically organized under this system are the Legislative, Executive, and Judicial. The federal government of the United States and the forty state governments use these three branches of government.
The federal government’s legislative branch was established by Article 1 of the United States Constitution and consists of Congress (National Archives, 2018). In addition to the other duties listed, Congress also must enact legislation. The nondelegation theory generally forbids the Legislative Branch from transferring its authority to make laws. However, if Congress gives agencies an “intelligible basis” on which to base their regulations, it is permitted to provide agencies with regulatory guidelines. The executive branch, which comprises the president, was established by Article 2 of the United States Constitution (National Archives, 2018). The Legislative Branch’s laws are approved and implemented by the President.
The judicial branch, comprised of the United States Supreme Court, was established by Article 3 of the United States Constitution. The Judicial Branch interprets laws passed by the Legislative Branch (National Archives, 2018). The Checks and Balances system is linked to the separation of powers in the US. Each branch of government is given the authority to check the other branches and prevent any one component from becoming overly dominant because of the checks and balances system. For instance, the Supreme Court may rule that laws are unconstitutional, the President has the authority to veto laws, and Congress can enact laws.
The branches also have some authority to appoint or dismiss individuals from the other departments because of the Checks and Balances System. Congress can impeach and convict the president for severe offenses like treason or corruption. The Senate can condemn and remove the President from office if the House of Representatives’ impeachment charges against him are actual. Candidates for the Supreme Court are also chosen by the President and confirmed by the Senate. Judges may be removed from office by conviction in the Senate and impeachment in the House of Representatives. In this approach, the system allows each branch to check the other units and invalidate laws.
In conclusion, multiple objectives are served by power separation. Separation keeps power from being concentrated and gives each branch the tools it needs to fend against incursion from the other two branches. The system of distinct authorities is intended to maximize freedom rather than efficiency.
References
National Archives. (2018). The Constitution of the United States: A Transcription. National Archives; The U.S. National Archives and Records Administration. Web.