Administrative Law

Executive Agencies vs. Independent Agencies One of the most important distinctions in American administrative law has traditionally been the distinction between executive agencies and independent agencies. At first glance, the difference appears straightforward. An executive agency is generally understood to operate under stronger presidential supervision. An independent agency is traditionally Read more

Types of Administrative Agencies Administrative agencies are not all built in the same way. Some operate directly within the executive branch under presidential supervision. Others were historically designed to have greater independence from presidential control. Some are organized as departments, some as commissions, some as boards, and others as single-headed Read more

What Is an Administrative Agency? Introduction The modern American government does far more than pass statutes and prosecute crimes. Government regulates financial markets, workplace safety, environmental protection, communications, transportation, food and drugs, immigration, labor relations, consumer protection, energy, securities, and countless other areas of public life. Congress cannot personally administer Read more

Administrative Discretion and Its Limits Introduction Administrative agencies rarely operate under laws that dictate one precise answer to every possible situation. Congress may establish a regulatory program but leave an agency to determine how best to administer it. A statute may authorize an agency to issue regulations, prioritize enforcement, grant Read more

Separation of Powers and Administrative Agencies Introduction Administrative agencies exercise enormous governmental power. They make rules, investigate conduct, enforce statutes, issue licenses, impose penalties, conduct hearings, and make decisions affecting millions of people. That raises a fundamental constitutional question: How can administrative agencies exercise these different kinds of governmental power Read more

The Rule of Law in Administrative Law Introduction Administrative law is fundamentally about government power exercised through administrative institutions. That immediately raises a deeper question: What prevents administrative power from becoming arbitrary power? The answer begins with the rule of law. The rule of law means, at its most basic Read more

Sources of Administrative Law Introduction Administrative law does not come from a single source. Unlike a subject governed primarily by one code or one constitutional provision, administrative law is built from a network of legal authorities. The Constitution establishes fundamental limits on governmental power. Congress creates agencies and gives them Read more

Administrative Agencies and the Administrative State Introduction Modern government does far more than pass statutes and enforce criminal laws. It regulates financial markets, protects consumers, oversees workplaces, administers social programs, protects the environment, regulates communications, supervises immigration, administers taxes, licenses professionals, and performs countless other functions. Much of this work Read more

Administrative Law vs. Constitutional Law Administrative Law and Constitutional Law are two of the most closely connected branches of American public law. Both concern government power. Both ask whether government officials are acting lawfully. Both address the relationship between government institutions and individuals. And both are deeply concerned with the Read more