The Constitutionality of Federal Agencies: Separation of Powers and the Role of the Executive Branch
Federal agencies play a significant role in the functioning of the United States government. Agencies are responsible for drafting, implementing, and enforcing various policies and regulations. There are few industries in which the role of federal agencies is less predominant than healthcare. However, the constitutionality of federal agencies has been the subject of debate and legal challenge for decades, with some questioning whether the executive branch has the authority to establish and operate these agencies.
The Constitution divides the federal government's powers into three branches: the legislative, executive, and judicial branches. The legislative branch has the power to make laws, the executive branch is responsible for enforcing laws, and the judicial branch interprets the law.
Federal agencies are part of the executive branch and are established by Congress to carry out specific functions and responsibilities. Congress authorizes agencies with the power to make rules and regulations, conduct investigations, and enforce laws. Notably, agencies have the power to perform the same functions as all three branches of government—thus, the controversy.
Delegation of Legislative Power
The constitutionality of federal agencies is grounded in the concept of the separation of powers and the doctrine of the nondelegation of legislative power. The nondelegation doctrine is a principle of constitutional law that prohibits the transfer of legislative power from the legislative branch of government to the executive branch. This doctrine serves as a check on the powers of federal agencies and ensures that the responsibility for making laws remains with the elected representatives of the people, as provided for in the Constitution.
Under the nondelegation doctrine, Congress cannot delegate its legislative power to another branch of government, including federal agencies. The legislative power of Congress includes the power to make laws, impose taxes, regulate commerce, and appropriate funds.
However, over time, the courts have interpreted the nondelegation doctrine more narrowly, allowing for a certain degree of delegation by Congress to federal agencies. This delegation is often necessary in order to provide agencies with the necessary authority and flexibility to carry out the functions assigned to them by Congress.
One of the key factors that determines whether a delegation of power by Congress to a federal agency is permissible under the nondelegation doctrine is the presence of an "intelligible principle." This principle provides the agency with guidance on how to exercise its delegated authority, while still allowing the agency some discretion in carrying out its assigned functions.
For example, Congress may delegate authority to an agency to regulate a particular industry, but must specify the standards that the agency must use in carrying out its regulatory function. This provides the agency with the necessary flexibility to address changing circumstances in the industry while still ensuring that the agency's actions are guided by clear and objective standards.
Despite the more limited interpretation of the nondelegation doctrine in recent years, the principle remains an important check on the powers of federal agencies. By ensuring that the legislative power remains with the elected representatives of the people, the non-delegation doctrine helps to safeguard the balance of power between the branches of government and protect the rights of the American people.
Delegation of Judicial Power
Federal agencies are also given the authority to enforce the law and carry out judicial functions. This delegation of judicial power to federal agencies is known as administrative adjudication.
Administrative adjudication refers to the process by which federal agencies hear and decide cases involving enforcing the regulations they are responsible for. These agencies have the power to conduct hearings, issue subpoenas, take testimony, and make findings of fact and conclusions of law. The decisions made by these agencies have the force of law and can be appealed to the courts.
One of the primary reasons for delegation of judicial power to federal agencies is to streamline the enforcement of regulations and laws. Federal agencies are often more specialized and have more expertise in specific areas than the general court system. By giving these agencies the power to enforce the laws in their areas of expertise, the government can ensure that enforcement is carried out more efficiently and effectively.
However, the delegation of judicial power to federal agencies also raises concerns about the separation of powers and the due process rights of those who are subject to these agencies’ decisions. Some argue that by giving federal agencies the power to enforce the law, the government is creating a parallel judicial system that operates outside the traditional court system. This can lead to questions about the impartiality and independence of these agencies, as well as the due process rights of those who are subject to their decisions.
To address these concerns, many federal agencies have established procedures to ensure that administrative adjudication is conducted in a fair and impartial manner. For example, agencies may appoint administrative law judges to preside over hearings and make decisions, or they may have procedures in place to ensure that those who are subject to the agency’s decisions have the opportunity to be heard and to appeal the agency’s decisions.
In conclusion, the constitutionality of federal agencies is based on the principle of the separation of powers and the requirement that the executive branch operates within the limits set by the Constitution. Federal agencies play a critical role in implementing and enforcing the laws of the United States, but their powers must be limited by clear and objective standards, and they must be subject to the oversight of the executive and legislative branches of government. By maintaining the balance of power between the branches of government and ensuring that the rights of the American people are protected, the constitutionality of federal agencies helps to maintain the integrity of our system of government.
Written By: Landon Tooke, MLS, CHC, CCEP, CPCO, CHCSP, CHSRAP
Twitter: @LandonNTooke
LinkedIn: Landon Tooke
