The Constitution's Authority on Agency Powers
Apr 13, 2014 5:09:05 GMT -5
Post by avordvet on Apr 13, 2014 5:09:05 GMT -5
Although most of the Federal Agencies ARE constitutional; thanks to the actions of corrupt politicians and bureaucrats, pretty much ALL of them now act completely OUTSIDE of the Constitution and its restrictions on their powers.
They have become illegitimate powers/fiefdoms in their own right.
The Constitution's Authority on Agency Powers
The United States Government will oversee the operations of its independent regulatory agencies. Under the United States Constitution, the Government has the right to delegate certain tasks to Government agencies. Within this right, the Government also has the ability to indirectly monitor these agencies without actually having to complete these tasks on its own. Congress will pass legislation that implements the purpose and exact functions of these agencies.
The Constitution also allows for the adjudication of the orders of the agency. This means that the orders will be reviewed and it can be determined if the agency is acting properly. The legislation, as specified by the U.S. Constitution, that allows Government agencies to act is a certain way is called enabling legislation.
Enabling legislation will establish the name of an agency, how and when it will be composed, and the agency's powers. It will specifically detail what areas of life this agency will be responsible for, and how it will go about completing its tasks. The Constitution does not allow for Government agencies to act outside of its enabling legislation.
business.laws.com/agency-creation/agency-powers-the-constitution
The Cabinet and Independent Agencies
The Founders and writers of the U.S. Constitution created a government where power is shared by three co-equal branches of government: the Legislative (Congress), Executive (President), and Judicial (the Supreme Court and lower federal courts). For most of American history, things got done like this:
Congress passed a law, the President enforced the law, and the federal courts interpreted the law. Today, this still happens.
But, today, most of the decisions that affect Americans’ day-to-day lives are made by entities known as federal agencies. The reason for their existence is simple. Congress’s job is to draft and pass legislation. Much of the legislation that they pass is broad in scope and affects millions of people. Because our country has become so populous and increasingly diverse, it would be impossible for Congress to be experts on every piece of legislation it passed.
nie.washingtonpost.com/sites/default/files/CabinetandIndependentAgencies.pdf
Creation and Functions of Administrative Agencies
Three articles of the U.S. Constitution create a federal government composed of three major branches. The legislative branch (under Article I) primarily creates laws; the executive branch (under Article II) primarily enforces laws; and the judicial branch (under Article III) primarily interprets laws. While performing their major functions as described in the relevant article, the executive and legislative branches also create law. Additionally, there is a fourth source of law, administrative agencies.
The following sections describe how each of these branches serves as a source of law. Table 1-1 shows where you can find the laws created by these branches of the federal government, as well as laws created by state and local governments. When you look for environmental laws, you will find that they may be created by all of these branches, and, therefore, may be found in all of these sources.
eil.stanford.edu/regnet/RegulatoryProcessA.htm
Now the other side of the equation:
Constitution Mythbuster
Helping to restore liberty by busting progressive myths about the Constitution
Do Federal Regulations Violate the Constitution?
The Myths
The current regulatory environment does not violate the Constitution.
Numerous federal agencies writing enormous amounts of regulations does not violate the Constitution.
The fact these regulations are given the force of law even though none of them are passed through the normal legislative process does not violate the Constitution.
Any law passed by congress or any regulation issued by any department of the federal government is a valid law.
The legislative branch can delegate legislative powers to either executive branch agencies or to independent government agencies without violating the Constitution.
The federal government can use these regulations to control various aspects of the lives of anyone living in this country and every commercial enterprise doing business here.
The Truth:
constitutionmythbuster.com/2013/04/15/do-federal-regulations-violate-the-constitution/
They have become illegitimate powers/fiefdoms in their own right.
The Constitution's Authority on Agency Powers
The United States Government will oversee the operations of its independent regulatory agencies. Under the United States Constitution, the Government has the right to delegate certain tasks to Government agencies. Within this right, the Government also has the ability to indirectly monitor these agencies without actually having to complete these tasks on its own. Congress will pass legislation that implements the purpose and exact functions of these agencies.
The Constitution also allows for the adjudication of the orders of the agency. This means that the orders will be reviewed and it can be determined if the agency is acting properly. The legislation, as specified by the U.S. Constitution, that allows Government agencies to act is a certain way is called enabling legislation.
Enabling legislation will establish the name of an agency, how and when it will be composed, and the agency's powers. It will specifically detail what areas of life this agency will be responsible for, and how it will go about completing its tasks. The Constitution does not allow for Government agencies to act outside of its enabling legislation.
business.laws.com/agency-creation/agency-powers-the-constitution
The Cabinet and Independent Agencies
The Founders and writers of the U.S. Constitution created a government where power is shared by three co-equal branches of government: the Legislative (Congress), Executive (President), and Judicial (the Supreme Court and lower federal courts). For most of American history, things got done like this:
Congress passed a law, the President enforced the law, and the federal courts interpreted the law. Today, this still happens.
But, today, most of the decisions that affect Americans’ day-to-day lives are made by entities known as federal agencies. The reason for their existence is simple. Congress’s job is to draft and pass legislation. Much of the legislation that they pass is broad in scope and affects millions of people. Because our country has become so populous and increasingly diverse, it would be impossible for Congress to be experts on every piece of legislation it passed.
nie.washingtonpost.com/sites/default/files/CabinetandIndependentAgencies.pdf
Creation and Functions of Administrative Agencies
Three articles of the U.S. Constitution create a federal government composed of three major branches. The legislative branch (under Article I) primarily creates laws; the executive branch (under Article II) primarily enforces laws; and the judicial branch (under Article III) primarily interprets laws. While performing their major functions as described in the relevant article, the executive and legislative branches also create law. Additionally, there is a fourth source of law, administrative agencies.
The following sections describe how each of these branches serves as a source of law. Table 1-1 shows where you can find the laws created by these branches of the federal government, as well as laws created by state and local governments. When you look for environmental laws, you will find that they may be created by all of these branches, and, therefore, may be found in all of these sources.
eil.stanford.edu/regnet/RegulatoryProcessA.htm
Now the other side of the equation:
Constitution Mythbuster
Helping to restore liberty by busting progressive myths about the Constitution
Do Federal Regulations Violate the Constitution?
The Myths
The current regulatory environment does not violate the Constitution.
Numerous federal agencies writing enormous amounts of regulations does not violate the Constitution.
The fact these regulations are given the force of law even though none of them are passed through the normal legislative process does not violate the Constitution.
Any law passed by congress or any regulation issued by any department of the federal government is a valid law.
The legislative branch can delegate legislative powers to either executive branch agencies or to independent government agencies without violating the Constitution.
The federal government can use these regulations to control various aspects of the lives of anyone living in this country and every commercial enterprise doing business here.
The Truth:
constitutionmythbuster.com/2013/04/15/do-federal-regulations-violate-the-constitution/