Email: Learning Journey: Executive control day1

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  Executive control of administrative agencies is one of our five thematic pillars supporting a thorough understanding of the administrative state.

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Welcome to the first of six installments of Ballotpedia’s Learning Journey on executive control of administrative agencies! Executive control of administrative agencies is one of our five thematic pillars supporting a thorough understanding of the administrative state. According to the separation of powers, the president exercises control over executive branch administrative agency activity through a variety of actions—though his power is not absolute. For example, the Appointments Clause of the U.S. Constitution authorizes the president to appoint certain agency officials while executive orders have clarified executive oversight of regulatory review activity.  The extent of executive control over administrative agencies is a topic of debate among administrative law scholars. Some favor stronger presidential control of administrative agencies. Others have concluded that federal agencies should have greater independence, with stronger checks on the president’s power, including limits on the removal of agency officials without cause. This Learning Journey guides you through the current state of executive control, the various mechanisms by which it is exercised, and the leading arguments in the debate over the appropriate degree of presidential control over executive agencies. Let’s get started! Our Learning Journey focuses on the following mechanisms of executive control:   Appointment power: The U.S. Constitution grants the president the power to appoint “officers” of the United States (subject to Senate confirmation), including federal judges, ambassadors, and the heads of Cabinet-level agencies. The Appointment Clause of the Constitution also allows Congress to authorize (by statute) a direct appointment by the president, a federal court, or agency of “inferior officers” (e.g., federal attorneys, federal court clerks and special prosecutors).   Removal power: The Constitution contains no direct reference to the president’s removal powers, but a line of legal cases support the president’s authority to remove his appointees from office—with the exception of the heads of independent agencies, who may only be removed for “inefficiency, neglect of duty, or malfeasance in office.”   Regulatory review: The White House Office of Information and Regulatory Affairs (OIRA) is responsible for reviewing and coordinating all “significant” regulatory actions taken by federal agencies, excluding independent agencies. As part of its review, OIRA can request that agencies make changes to significant rules that conflict with the priorities of the president.   Reorganization authority: Only Congress is empowered to create executive branch agencies (by statute), but may authorize the president to reorganize agency structures and operations. The president may also submit a reorganization plan to Congress for approval. Read On: The Five Pillars of the Administrative State: Executive Control of Agencies   What’s next? Our next Learning Journey will take a closer look at the executive’s appointment power. Stay tuned! Review Check out the following Ballotpedia pages to dive deeper into today’s key concepts: Five pillars of the administrative state: Executive control of agencies Appointment and removal power Regulatory review Reorganization authority

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