The Congress and President
of the United States delegate specific authority to government agencies
to regulate the complex facets of the modern American federal state.
Also, most of the 50 U.S. states have created similar government
agencies, but with limited, state-level regulatory power. The term
"government agency" is usually applied to Independent
agencies of the United States government - that exercise some degree
of independence from the President's control. Although the heads
of Independent Agencies are often appointed by the President, they
usually can only be removed for cause. The heads of Independent
Agencies work together in groups, such as a commission, board or
council. Independent Agencies often function as miniature versions
of the tripartite federal government with the authority to legislate
(through the issuing, or "promulgation" of regulations),
to adjudicate disputes, and to enforce agency regulations (through
enforcement personnel). Examples of independent agencies include
the U.S. Securities and Exchange Commission (SEC), the National
Labor Relations Board (NLRB) and the Federal Trade Commission (FTC).
Most federal agencies are created by Congress through statutes called
"enabling statutes," that define the scope of an agency's
authority. Because the Constitution does not expressly mention federal
agencies (as it does the three branches), some commentators have
called agencies the "headless fourth branch" of the federal
government. However, most independent agencies are technically part
of the executive branch, with a few located in the legislative branch
of government. By enacting the Administrative Procedure Act (APA)
in 1946, Congress established some means to oversee government agency
action. The APA established uniform administrative law procedures
for a federal agency's promulgation of rules, and adjudication of
claims. The APA also sets forth the process for judicial review
of agency action. |