Administrative Agencies

In the American legal world, administrative agencies occupy a rather interesting part of the governmental system. Some may even refer the administrative agencies as the “fourth branch” of the American government. Under the Constitution, the legislative branch has the right to supervise and execute all laws. According to Article 1, Section 8, all the legislative powers have been issued under Congress. With this right, Congress has given administrative agencies the power to construct the rules for implementing laws, known as the delegation doctrine. Administrative agencies, which make up the bureaucracy, are now given the right to construct the laws.

The administrative agencies have three major functions that make up the administrative process: rulemaking, investigation and adjudication. This system is used by the administrative agencies to aid in the management of law. This procedure is quite different from the judicial process, which involves the administration of law by the courts. The administrative process is used by the legislative system while the judicial process is utilized by the judicial system. Under the Administrative Procedure Act of 1946, all federal agencies are required to follow certain actions in their rulemaking, adjudication, and other certain tasks.

The first major function set forth by administrative agencies is rulemaking. The agency has the power from the legislative branch to officially adopt new policies or modify old ones. Under the Administrative Procedure Act, the agency must inform and take any additional comments from the public when a change is made in any new or old regulations. Not only does administrative agencies make or amend legislative regulations, but they also create interpretive rules. Unlike legislative rulemaking, interpretive rules are not legally required to be upheld by the public, but are more created to show how an agency plans to implement their authority. When an agency decides to create a new...