Separation of Powers and Agency Functions under Administrative Law
Separation of Powers and Agency Functions under Administrative Law
1. Introduction
The Separation of Powers is a foundational constitutional principle that divides governmental powers among three branches:
Legislative (makes laws),
Executive (enforces laws),
Judicial (interprets laws).
Administrative agencies—government bodies with delegated authority—play a unique role. They often exercise a mix of legislative, executive, and judicial functions. This raises complex questions about the proper limits on agency power to maintain the separation of powers.
2. Delegation of Powers to Agencies
Congress (the legislative branch) often delegates authority to administrative agencies to:
Make rules and regulations (legislative function),
Enforce laws and regulations (executive function),
Adjudicate disputes (judicial function).
3. Separation of Powers Concerns
Is delegation constitutional?
How much power can agencies exercise?
Are agencies violating separation of powers by combining functions?
The courts have addressed these questions balancing effective government with constitutional safeguards.
4. Key Case Law
Case 1: A.L.A. Schechter Poultry Corp. v. United States (1935)
Facts: The National Industrial Recovery Act allowed the President to approve industry codes regulating business practices.
Holding: The Supreme Court invalidated the law because it delegated excessive legislative power to the executive without clear standards.
Significance: Set limits on non-delegation—Congress cannot give unlimited law-making power without clear guidance.
Case 2: Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984)
Facts: The EPA interpreted a statute regarding air pollution control.
Holding: The Court established the Chevron deference, where courts defer to reasonable agency interpretations of ambiguous statutes.
Significance: Acknowledges agencies’ expertise and practical roles in interpreting laws, balancing separation of powers with administrative efficiency.
Case 3: Buckley v. Valeo (1976)
Facts: Challenge to the Federal Election Commission's structure, which combined executive and legislative powers.
Holding: The Court held that certain appointments violated separation of powers because Congress retained too much control over executive officers.
Significance: Clarifies limits on agency structure and appointment to preserve separation of powers.
Case 4: Free Enterprise Fund v. Public Company Accounting Oversight Board (2010)
Facts: Challenge to the constitutionality of a board with members removable only for cause.
Holding: The Court held that this structure violated separation of powers by limiting the President’s ability to remove officers.
Significance: Reinforces executive control over administrative agencies as essential for separation of powers.
Case 5: Stern v. Marshall (2011)
Facts: Addressed whether an agency could adjudicate certain claims traditionally reserved for Article III courts.
Holding: The Court ruled that administrative adjudications over some matters violate separation of powers.
Significance: Limits agency adjudicative powers where judicial functions must remain with Article III courts.
5. Balancing Functions
Legislative Function: Agencies can issue rules but Congress must provide an “intelligible principle” guiding the agency’s discretion.
Executive Function: Agencies enforce laws but must be subject to executive control to preserve accountability.
Judicial Function: Agencies may adjudicate disputes, but there are limits to ensure judicial independence and constitutional courts’ roles.
6. Summary Table
| Function | Agency Role | Constitutional Concerns | Key Cases |
|---|---|---|---|
| Legislative | Rulemaking | Non-delegation doctrine, intelligible principle | A.L.A. Schechter, Chevron |
| Executive | Enforcement | President’s removal power, executive control | Buckley v. Valeo, Free Enterprise |
| Judicial | Adjudication | Article III courts’ independence, due process rights | Stern v. Marshall |
7. Conclusion
Administrative agencies are essential for modern governance but their exercise of legislative, executive, and judicial functions must respect the constitutional separation of powers. Courts carefully scrutinize:
The scope of delegated authority,
The agency structure and accountability,
The limits on agency adjudication,
to ensure agencies operate within constitutional bounds while allowing efficient government.
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