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Agency dynamics: A timeline

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Five Pillars of the Administrative State
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Agency control

•Court cases
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Agency dynamics is one of five pillars key to understanding the main areas of debate about the nature and scope of the administrative state. Agency dynamics is a term used to refer to the structure and function of administrative agencies. While the majority of agencies are housed under the executive branch, others are established as independent federal agencies or are housed under the legislative or judicial branches. These structural variations impact agency oversight as well as agency interactions across branches. This pillar also involves understanding the nuts and bolts of agency functions, including rulemaking and adjudication proceedings.

This page features a timeline of selected events related to agency dynamics in the context of the administrative state.

Timeline

The timeline below identifies a selection of key events and court cases that have shaped agency dynamics in the context of the administrative state:

  • 1887: Congress establishes first independent agency
Congress established the Interstate Commerce Commission (ICC) as the nation's first independent federal agency—a type of agency that operates with some degree of autonomy from the executive branch. Independent federal agencies are generally headed by a commission or board made up of five to seven members. A seven-member commission headed the ICC, each of whom was appointed by the president with the advice and consent of the U.S. Senate.
  • 1932: U.S. Supreme Court upholds constitutionality of agency adjudication
In Crowell v. Benson, the U.S. Supreme Court helped define the relationship between agencies and federal courts prior to the Administrative Procedure Act. The court upheld the constitutionality of agency adjudication.
  • 1935: U.S. Supreme Court describes independent federal agencies as quasi-legislative and quasi-judicial entities
In Humphrey's Executor v. United States, the court described independent federal agencies as quasi-legislative and quasi-judicial entities and affirmed that their multi-member commissions have protections against removal by the president.
  • 1946: Administrative Procedure Act establishes uniform rulemaking and adjudication procedures
Congress passed the Administrative Procedure Act (APA), which established uniform procedures for federal agency rulemaking and adjudication. The APA stipulated both formal and informal procedures for rulemaking and adjudication.
  • 1973: U.S. Supreme Court narrows applications of formal rulemaking
In United States v. Florida East Coast Railway Co., the U.S. Supreme Court held that agencies are only required to use formal rulemaking procedures when a statute calls for a hearing "on the record." The ruling contributed to the subsequent increase in agency use of informal procedures.
  • 1978: U.S. Supreme Court limits additional procedural requirements for agencies
In Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, the U.S. Supreme Court held that courts cannot impose additional procedural requirements on agencies and cannot invalidate agency actions simply because they do not like the final result.
  • 2000: U.S. Supreme Court prohibits use of guidance to make regulatory changes
In Appalachian Power Company v. Environmental Protection Agency, the U.S. Supreme Court ordered the removal of a guidance document issued by the Environmental Protection Agency because the document instituted a regulatory change without following the required rulemaking procedures.
  • 2020: U.S. Supreme Court limits removal protections for single heads of independent federal agencies
In Seila Law v. Consumer Financial Protection Bureau, the U.S. Supreme Court held that restrictions on the president's ability to remove single heads of independent federal agencies—as opposed to multi-member commissions—violated separation of powers principles by limiting executive control of such agencies.

See also

Footnotes

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The Administrative State
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Pillars
Reporting
Laws
Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act
Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
Bibliography
Agencies
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