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In the United States, often involved are three constitutional principles that people needed to understand. First, the Congress constitutionally transfers legislative power to some doctrines certified by the delegation doctrine and some critical law procedures are considered (Masur, Speta, Zovko, & Zuhn, 2010). Through the Administrative Procedure Act and Delegation Doctrine, some administrative agencies have these legislative, judicial, and executive powers. The second aspect is that rulemaking in the United States can take the form of substantive rulemaking, interpretive rulemaking, and statements of policy procedures (Masur et al., 2010). Finally, the Administrative Procedure Act and Delegation Doctrine are important in maintaining the balance of legislative, judicial, and executive powers for an administrative agency. In this perspective, this essay seeks to explore the three constitutional issues mentioned above.
The Administrative Procedure Act and Delegation Doctrine
Through the Administrative Procedure Act and Delegation Doctrine, administrative agencies enjoy special constitutional privileges including possessing some legislative, judicial, and executive powers (Masur et al., 2010). Under the constitutional rights provided by the Administrative Procedure Act and Delegation Doctrine, administrative agencies have legislative powers in some constitutional affairs. More often, the Congress can delegate its lawmaking responsibility to the government agencies capable of proposing and making substantial law changes (Masur et al., 2010). Concerning their legislative responsibilities, administrative agencies such as making rules that are as effective as those made by the Congress itself. Even though these administrative agencies have limited powers when it comes to lawmaking, the American constitution considers these laws made by the administrative agencies to be legal and abiding, just as the formal acts created by the Congress (Masur et al., 2010). These administrative agencies achieve this by ensuring that they investigate law entities they are overseeing, both during the lawmaking process to obtain data, and after the issuance of the rule to ensure compliance.
Executive agencies have certain privileges under the Administrative Procedure Act and Delegation Doctrine. Mostly, the executive agencies are under the authority and power of the president (Masur et al., 2010). Therefore, for these executive agencies to enjoy the privileges of executive activities provided by the constitution, they always enjoy the privilege of implementing the executive orders given by the president (Masur et al., 2010). Therefore, these executive agencies enjoy limited regulatory independence. Constitutionally, the administrative agencies have some judicial responsibilities. In the American constitution, some government agencies can enjoy the privilege of overseeing some offenses and crimes through the use of a tribunal (Masur et al., 2010). Nonetheless, these agencies cannot act on their own, and most of the time, they have to wait for a legal affirmation, if the Congress has conferred its power on the agency. Once the Congress has conferred the powers on an agency to carry out some judicial functions, any of the accepted agencies must work within the given legal limits.
Substantive, Interpretive Rulemaking, and Statements of Policy
Substantive rulemaking is the process of developing policies or laws through new legal implementation or through an alteration of the existing tenets of law to promulgate the needed constitutional changes (Slattery, 2015). Substantive laws are also the kind of laws commonly classified as the legislative laws. They are often considered as laws that have a considerable force and effect on the existing constitution. Concerning the impact of substantive laws, policymakers have described substantive laws as policies that have powers to change significant aspects of the industry and business culture or behaviors (Slattery, 2015). For instance, the airline and tourism industries can experience significant tourist shortages due to an emergent substantive law that limits oversea travels or tours. Interpretive lawmaking process can refer to the practice of improving the existing laws rather than making new laws (Slattery, 2015). Policymakers have often described interpretive laws as policies that focus on clarifying and explaining the existing rules and not making new laws.
Policymakers have differentiated the two lawmaking processes or the two distinct laws by examining their broad effects on the main constitution. A perfect example of an interpretive law is legislation developed by the judiciary in a case law, for the purpose of adjusting definitions or clarifying about the actual meaning of a given law. These laws can affect people associated with latest crimes (Masur et al., 2010). Regarding the impact on the industry, a newly introduced interpretive law can affect boundary-related cases if the interpretive law broadens on the legislative insights and provides a new viewpoint to the current act. Finally, statement of policy that is commonly known as a policy statement defines an acceptable lawmaking process in which an organization or a government institution can release a brief through a document that further prescribes some acceptable methods or behaviors (Masur et al., 2010). The practice is most common among the government and private institutions to command certain practices.
Maintaining the Balance of Agency Powers
As earlier discussed, the Congress can sometimes delegate its responsibilities to some identified administrative agencies (Slattery, 2015). The two most commonly known agencies in the realm of the Administrative Procedure Act and Delegation Doctrine are the legislative agencies and the executive agencies (Burnham, 2016). Sometimes, power imbalance may happen, and for the American constitution, there is normally a structured way to ensure a balance of agency powers. First, the most common procedure of ensuring a power balance is by ensuring that these administrative agencies only enjoy delegated powers and not complete powers (Burnham, 2016). Hence, they are subject to checks by the main authorities within the three branches of government. More frequently, only the agency with the delegated powers enjoys the privilege of engaging in public matters of judicial, executive, and legislative nature (Burnham, 2016). To understand how these administrative agencies are regulated, it is important to consider the functions of the Chevron Defense.
The Chevron Defense, which emerged in the past two decades as a landmark ruling of the Supreme Court, has an important role in safeguarding the American law against unnecessary interpretations by the administrative agencies (Burnham, 2016). In executing their executive roles, the administrative agencies cannot carry out the stated roles without engaging in a fundamental law procedure that allows them to conduct the duties. Regarding judicial responsibilities, administrative agencies tasked with the responsibility of ensuring that some cases and crimes undergo tribunal processes, always undergo judicial reviews by the courts and the supreme courts to ensure that their delegated practices are within the law (Burnham, 2016). Finally, similar procedures of scrutiny are present to check the practices of the administrative agencies tasked with the responsibility of delivering delegated legislative duties.
The United States has given the Congress the privilege to delegate some constitutional responsibilities to the administrative agencies. These administrative agencies can engage in a series of practices related to judicial, executive, or legislative practices as stipulated by the American constitution. Through the Administrative Procedure Act and Delegation Doctrine, these administrative agencies perform these delegated duties under the restrictions of the law to avoid wrongful interpretation of the law or erroneous enactment of legislations. Normally, legislations are subjected to continuous reviews and checks by the respective bodies of the government.
Burnham, W. (2016). Introduction to the law and legal system of the United States.
St. Paul, MN: West Academic Publishing
Masur, J., Speta, J., Zovko, N., & Zuhn, D. (2010). Who defines the law? USPTO rule making authority. Northwestern Journal of Technology and Intellectual Property, 8(3), 410-424.
Slattery, E. (2015). Who will regulate the regulators? Administrative agencies, the separation of powers, and Chevron deference. Legal Memorandum, 153(1), 1-6.