Administrative Law and the Executive

Administrative Law and the Executive

 

How does "who the President is" affect administrative agencies? Executive branch agencies (such as the Department of Agriculture, Department of Education, Department of Energy, and many others) fall under the direct control of the President. The President chooses agency heads, who in turn work with the career staff in their agencies to implement policies in line with the President's policy goals. The agencies, like the President, exercise executive power in the creation and promulgation of national policies. In effect, the President delegates power to agencies, and the agencies' connection to the President gives them some degree of democratic accountability. How does the Office of Internal and Regulatory Affairs (OIRA) oversee these agencies for the Executive branch? Does OIRA serve both the President and the public? What agencies are not reviewable by OIRA and why?

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1 of 9: What is the Difference Between Executive and Independent Agencies? [No. 86]

Does the President have the same amount of control over all federal administrative agencies? Professor Christopher Walker explains how the President has direct control over executive agencies but has less authority over independent agencies. Although ... Does the President have the same amount of control over all federal administrative agencies? Professor Christopher Walker explains how the President has direct control over executive agencies but has less authority over independent agencies. Although both types of agencies execute the law, Congress has decided that independent agencies should be more insulated from political control.

Christopher J. Walker an Associate Professor of Law (with tenure) at The Ohio State University Moritz College of Law and Director of the Moritz Washington, D.C., Summer Program. Professor Walker’s research focuses primarily on administrative law, regulation, and law and policy at the agency level.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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