Email: Learning Journey: Executive Reorganization Authority Day 1

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  Today, we define how and why the executive branch can reorganize agencies.

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Welcome to the first of three installments of Ballotpedia’s Learning Journey on executive authority for agency reorganization. The U.S. Constitution grants Congress the authority to create executive branch agencies, but allows the president to reorganize agencies if Congress delegates such authority by statute. Executive control of federal agencies is one of our five thematic pillars supporting a thorough understanding of the administrative state. The proper degree of reorganization power exercised by the president versus Congress is a matter of debate among scholars. Some assert the primacy of presidential power, while others hold that Congress should wield the ultimate authority. This Learning Journey guides you through the status of executive reorganization powers, the primary assertions in the debate over the division of authority between Congress and the president, and an overview of reorganization efforts. Let’s get started!   What is executive reorganization authority? The president may reorganize the structure and operation of agencies only if authorized by Congress in law. The president may abolish an agency he created but cannot do so in violation of a congressional act. The executive may also assemble experts to compile recommendations for a reorganization plan to be submitted to Congress for approval. Congress granted reorganization authority for the first time to President Herbert Hoover (R) in 1932, and the most recent grant to President Ronald Reagan in 1984. Congress has since declined to grant reorganization authority to Presidents George W. Bush (R), Barack Obama (D), and Donald Trump (R). Reorganization authority is either included in legislation related to agency functioning or by a standalone resolution. Presidents have used reorganization authority to create, merge, restructure, and abolish agencies. The framework for delegating reorganization authority has varied across time, but it has generally included the following provisions: The range of actions that can be taken. Limitations on the scope of reorganization. A time frame for Congress to consider reorganization proposals. A mechanism for Congress to act on a plan. Congress must approve a presidential reorganization plan before it is implemented. Read On: Presidential Reorganization Authority   Arguments to strengthen or limit executive reorganization authority Supporters of strengthening executive reorganization authority claim that increased executive control of agency reorganization would increase agency oversight. Moreover, supporters argue that the president is more effective than Congress at reorganizing agencies because Congress has often lacked the necessary majority to realize reorganization proposals. Those who support limited executive reorganization authority argue that the president’s existing authority to reorganize agencies within statutory limits is sufficient for the president to achieve policy goals. These scholars also claim that Congress is better suited to drive reorganization efforts since the legislative branch is constitutionally tasked with creating and abolishing federal agencies and departments. What’s next? Tomorrow we review historical presidential reorganization efforts. Review Check out the following Ballotpedia pages to dive deeper into today’s key concepts: Presidential reorganization authority

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