What is the Difference Between Executive and Independent Agencies? [No. 86]

Does the President have the same amount of control over all federal administrative agencies? Professor Christopher Walker explains how the President has direct control over executive agencies but has less authority over independent agencies. Although both types of agencies execute the law, Congress has decided that independent agencies should be more insulated from political control.

Christopher J. Walker an Associate Professor of Law (with tenure) at The Ohio State University Moritz College of Law and Director of the Moritz Washington, D.C., Summer Program. Professor Walker’s research focuses primarily on administrative law, regulation, and law and policy at the agency level.

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

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[andrewd]

THIS IS AWESOME!! I was so confused about these two concepts and this was very clear and helpful! Thank you so much! :-) Great video

[tychothriller]

THANK YOU helped with legal studies homework

[williamgregory]

Independent agencies are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch, have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited.

Established through separate statutes passed by the Congress, each respective statutory grant of authority defines the goals the agency must work towards, as well as what substantive areas, if any, over which it may have the power of rulemaking. These agency rules (or regulations), when in force, have the power of federal law.

There is a further distinction between independent executive agencies and independent regulatory agencies, which have been assigned rulemaking responsibilities or authorities by Congress.

The Paperwork Reduction Act of 1980 lists 19 enumerated "independent regulatory agencies", such as the Securities and Exchange Commission, the Federal Reserve, the Commodity Futures Trading Commission, the Federal Deposit Insurance Corporation, and the Consumer Financial Protection Bureau. Generally, the heads of independent regulatory agencies can only be removed for cause, but Cabinet members and heads of independent executive agencies, such as the head of the Environmental Protection Agency, serve "at the pleasure of the president" and can be removed without cause.

[smileyface]

Hi. No worries president. I will regulate them.

[sjeffreyj]

Terrible background music, good content.