The enabling legislation Congress enacts when creating an agency sets forth general goals to be achieved, such
Question:
The enabling legislation Congress enacts when creating an agency sets forth general goals to be achieved, such as protecting the environment or maintaining well-functioning securities markets. It may also expressly authorize the agency to create the regulatory structure needed to achieve these goals a delegation of Congress’s rule-making authority. Or its delegation of such authority may be implicit (because the agency’s goals could not otherwise be achieved). When an agency creates regulations establishing legal rights and duties necessary or useful for the accomplishment of the goals Congress set for the agency, those regulations are legislative in nature and have force-of-law status, as long as the agency adhered to the rules of the APA previously discussed.
Question
It is difficult to believe that the government could adequately respond to the myriad of issues confronting our society without specialized agencies. That said, do you believe we have gone too far delegating power to the “fourth branch?” Explain.
Step by Step Answer:
Law Business And Society
ISBN: 9781260247794
13th Edition
Authors: Tony McAdams, Kiren Dosanjh Zucker, Kristofer Neslund, Kari Smoker