25 Dec 2022

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US Administrative Law and Administrative Agencies

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Academic level: College

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Administrative agencies are lawmaking bodies established by Article 1 section 1 of the federal constitution. Their power is delegated and limited by the Congress, and most federal agencies are usually supervised by the president. The scope of the roles of administrative agencies includes managing complex matters of governmental concern and redressing serious social problems, thereby aiding in speedy disposal of cases in the United States courts. 

The rulemaking powers of administrative agencies are necessitated when the legislature is incapacitated or finds it difficult to apply the threshold levels of expertise necessary to constitute the required laws (US Legal, 2016). The agencies are then mandated to create or proclaim the detailed regulations which can then be enforced as laws. The rulemaking capabilities of the agencies are enhanced by the industry expertise of the agency members, implementation details, and scientific expertise. These powers and the regulations formulated are however reviewed by the judiciary. Congress may delegate judicial powers to the administrative agency, enabling the agency to exercise administrative adjudication (US Legal, 2016). This may be in the form of formal or informal adjudication; in which the administrative agency usually deals with conflicts between individuals and the government. Verdicts and decisions of the judicial process are made by an administrative law judge who critically analyses the facts provided before drawing conclusions guided by laws and the constitution. 

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The legislature may empower the administrative agencies to conduct investigations. This often involves granting them the mandate to get information on activities which are under the federal law jurisdictio and may be used to derive future action by the government (US Legal, 2016). In these circumstances, the agencies obtain the information without taking action against anyone. In other cases, a witness may be required to testify to substantiate some information or evidence, in which case the agency issues a subpoena to the witness or organization. 

References 

US Legal. (2016). Types Of Administrative Agency Action: Rulemaking, Adjudication, Investigation. 

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StudyBounty. (2023, September 16). US Administrative Law and Administrative Agencies.
https://studybounty.com/us-administrative-law-and-administrative-agencies-essay

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