Do Administrative Agencies Usurp Legislative Power? [No. 86]

Administrative agencies pass rules and regulations that carry the force of law. Does this mean that they exercise the legislative power that rightfully belongs to Congress? Professor Ilan Wurman explains that Congress is allowed to pass specific statutes that direct the agencies although Congress is not technically allowed to delegate legislative authority. Trying to distinguish between proper rulemaking power and legislative authority has proven to be difficult.

Ilan Wurman is an associate professor at the Sandra Day O'Connor College of Law at Arizona State University, where he teaches administrative law and constitutional law. He is the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017).

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

#law #administrativelaw #Congress #administrativeagency #legislativepower #legislativebranch #government #regulation #regulate

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[thegrandlevel]

Also, those lawfully created agencies (cannot be private entities granted authority) MUST be under the authority of congress…

There is no case in which they can delegate their duty to the executive

[NDN_FTR]

Can we please show this video to the ATF?

[thegrandlevel]

Congress is supposed to enact a constitutional amendment to give legislative authority elsewhere, otherwise it is delegated to the individual states or to the people.

[connectingthedots]

We’re tired of agencies, committees making up the rules. We want our Constitution back in its organic form. I have very little faith in our government right now, the people running these admin agencies, I didn’t vote for them.

[Aznmf]

Legislative holds 99% of federal power. Executive is subservient to congress and the courts have no power than to advise on constitutionality

[richardschenk]

This seems to be a common issues in all Western democracies

[stevennorthover]

Of course, administrative agencies unconstitutionally make laws.

[allahson]

under general prevailer law shareholders are members of a corporation may bring suit to compel the directions to perform that legal obligationsbut did I be HR and many of these administrative agencies you're not saying nothing but a right that they have created which is unallowed and they're taking money on the side and usuallycontroversy or the reason why or how we end up at the administrative proceedings it's a question usually that if it was tried by a jury for the controversyagainst the organizational structure they were found many of these corporations guilty and guiltyand you represent constituents an individual persons with conflict with the interests of why they took their roles to begin withI speak to Congress and tell them to cut all agencies except the marshals and the agents no other agency is needed I want the court system cut down to the bone