46. Background

Administrative law represents the President's direct law making power as exercised through the various departments and independent agencies of the government. The blueprint under which most agencies operate is the Administrative Procedure Act, of 1946. This attempts to set standards under which agencies will act, standards related to fairness of publishing and enforcing rules, so there can be the same level of confidence in agency actions as there are in the federal courts. The agencies or commissions were developed to handle national problems which need narrower regulation than Congress can effectively provide. They cover such areas as food & drug quality (FDA), telecommunications (FCC), and environmental protection (EPA), among others.

47. Agency powers

The basic powers common to all agencies are rulemaking, licensing, issuing orders or advisory opinions, and making decisions about the enforcement of their rules when they are challenged or ignored. While this may seem like an unacceptable concentration of power in individual governmental units, all agency actions are subject to review in the federal courts. In addition, the agencies are structured as miniature governments, with the some division of powers within the agency as in the national and state governments.