Essay On Federal Agencies

Decent Essays
Federal agencies are the part of government that is not congress, the president, or the military during wartime. If the president or Congress decides to build a bridge, they won’t oversee any of the work themselves, not even hiring of the staff. Instead, an agency is created to carry out their goal. Examples of agencies in the United States include the Federal Bureau of Investigation, Central Intelligence Agency, and Federal Communications Commission. Agencies are formed by an act of Congress, when they lay out what is called an organic statute that contains the purpose and structure of the agency, the agency then is in charge of implementing the purpose as laid out in the statues.
The laws surrounding federal agencies are administrative laws. A statutory law is a law that is written, usually enacted by a legislative body. In addition, a common law, or case law, allows judges to render decisions based on the ruling of earlier cases. Common law is guided by the regulations set forth in federal of state statutes, but it does not rely exclusively on those written laws. It was derived from custom and judicial precedent rather than statutes. Federal courts, since the creation of the APA,
…show more content…
Reviewable agency action can be defined as “agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review.” The second part of this statement intends to clarify that when judicial review of a category of agency action is provided for in a statute other than the APA, that statute’s judicial review provisions take precedence over the APA’s and continue in force. This is sensible statutory reasoning. The APA admits that it is meant to provide review in those cases in which review is not otherwise

Related Documents

  • Decent Essays

    Government Vs Constitution

    • 1410 Words
    • 6 Pages

    He also argues that the judiciary merely has the power of judgment, rather than force or will, and that the judiciary depends on the other two branches to support its judgments. However, when the Supreme Court makes a decision, this decision stands since it is deemed “the supreme law of the land”. In Marbury v. Madison, Marshall argued that it is a responsibility of the Supreme Court to overturn unconstitutional legislation in accordance to the judges’ “oath or affirmation” to uphold the Constitution, as described in Article VI. Although Hamilton argues that the judiciary is in “continual jeopardy of being overpowered, awed, or influenced” by the other two branches of government, with judicial review the Supreme Court can decide if a treaty violates the provisions of existing law or…

    • 1410 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    Justice Macalia Textualism

    • 1571 Words
    • 7 Pages

    Nonetheless, Justice Scalia argues that in the event that intent is not projected well, why not include the right materials for the court’s consideration? (Scalia 16). For that reason, the textualism approach views only the founder’s intent. On the other hand, for Justices who adhere to living/evolving Constitution approach, intent is interpreted in a different manner. For Justices who interpret the law with the living Constitution approach, intent is grounded on what the legislator meant when the law was written.…

    • 1571 Words
    • 7 Pages
    Decent Essays
  • Decent Essays

    Phases Of Federalism

    • 1216 Words
    • 5 Pages

    United States (1997), the Supreme Court used its discretion to overturn the effect of Brady Handgun Violence Prevention Act. This Act required that the state and law enforcement agencies to conduct checks on prospective gun holders. In this case, the Supreme Court sought to show that the congress did not require approval by the state to make any policies. The congress, however, had a responsibility to assist in the implementation of the federal laws. In several other cases, the court has been used to limit the power of the congress.…

    • 1216 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    Lottery Case Analysis

    • 1913 Words
    • 8 Pages

    The Supreme Court’s job is to interpret law. They are not to make or rewrite laws. The creation of law is a job that is left up to congress just as the enforcement of laws is left to the executive. Clearly, SCOTUS went past the limits of its constitutional duties when it ruled the Individual Mandate as constitutional on the basis of…

    • 1913 Words
    • 8 Pages
    Decent Essays
  • Decent Essays

    Enumerated powers, such as the power to regulate interstate and foreign commerce, the power to tax and spend, the war power, are specifically granted to the federal government by the Constitution. These powers are assigned to Congress, the President, and the Supreme Court in Articles I, II, III. In addition, reserved powers, such as licensing doctors, establishing public schools, and establishing local governments, are held solely by the states. The basis for the States ' reserved powers is found in the tenth amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Concurrent powers, such as the power to tax, borrow money, and establish courts, are exercised by both national and state governments.…

    • 1364 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    10th Amendment Federalism

    • 990 Words
    • 4 Pages

    These safeguards include the fact that federal lawmakers are elected by state constituents (after the 17th Amendment), and therefore the lawmakers will be motivated by a desire to meet the needs of those who elected them and may elect them again. This relationship ensures lawmakers are sensitive to the rights of the states and eager to protect those rights from federal intervention. This theory was essentially the basis for the Court’s ruling in Garcia. There, the Court overturned the ruling in National League of Cities, in which it had previously said Congress should be limited in its power to regulate state employment relations because of the Constitution’s recognition of state sovereignty. Garcia essentially said there is no implied limitation on federal commerce power, but instead the framers sought to protect federalism through governmental structure: things like the Electoral College and equal representation in the Senate naturally protect state interests from central control.…

    • 990 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Law Making System

    • 1872 Words
    • 8 Pages

    For enforcing this proposition, Article 1 creates a legislature called Congress, and Congress is divided into two parts: the Senate and the House of Representatives. In Article 1, it describes the organization of Congress, the qualifications that legislators have, and the time that Congress holds elections and meetings. It also describes the details of operation of each house. To contrast and compare,…

    • 1872 Words
    • 8 Pages
    Decent Essays
  • Decent Essays

    This political study will define the democratic principles of federalism, presidentialism, and parliamentary sovereignty in a comparison and contrast of the governments in the United States and in England. In the United States, the concentration of presidential is a unique part o democratic institutions, which relies on the three branches of government as a balance of power. More so, U.S. president must govern through the federal governing apparatus, which controls his power through the judicial branch and the Congress. In a similar form of Congressional democracy, the British system of governing relies on the parliamentary sovereignty of the legislative body to make governing decisions. However, Britain does not utilize a presidential system…

    • 1343 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    The Executive departments and agencies carry out laws and create and enforce detailed regulations based on laws. On the other side Congress creates departments and agencies to deal with specific troubles, this controls the basic structure and authority of each. Presidents cannot create, eliminate, or reorganize departments or agencies without the approval of Congress (Davidson). The last branch of the government is known as judicial. The judicial branch interprets the nation's laws.…

    • 1233 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    Federalism Pros And Cons

    • 882 Words
    • 4 Pages

    Federalism allows laws to enforce on to its own citizens. The United States both the nation and the individual states impose taxes, pass laws, and maintain their own court systems. The Constitution cannot be changed or dissolved without the consent of both the state and the nation. Federalism differs from unitary system in which the nation and the state governments get their power directly from the people, the citizens versus the nation giving powers or authority to the states, federalism also differs from Confederate Government whereas, independent states creates a central government with limited power; whereby, the states have authority over all matters except those few which have been expressly delegated to the central government. There however, are advantages and disadvantages, for having a federalism of government.…

    • 882 Words
    • 4 Pages
    Decent Essays