Independent Agencies Overview

Questions and Answers

What is an independent agency?

Independent agencies are outside of the executive branch and are not under the supervision of the president. They were created by Congress to deal with complex matters.

Who are the heads of independent agencies?

The heads of most independent agencies are a commission or collegial group, rather than a single individual.

How can heads of independent agencies be removed?

Heads are typically removable only for cause, as noted in Humphrey's Executor.

What do independent agencies do?

Independent agencies perform both quasi-judicial and quasi-legislative functions and their regulations have the power of federal law in the US. Signup and view all the answers

How is an independent agency created?

An independent agency is created by Congress, which issues enabling statutes. Signup and view all the answers

What problems are there with how independent agencies are created?

Congress is virtually delegating executive functions, which raises concerns about the separation of powers. Signup and view all the answers

There is a potential violation of the separation of powers with how independent agencies are created.

True Signup and view all the answers

How did Humphrey's Executor lead to independent agencies?

Humphrey's Executor (1935) established that limitations could be placed on the President's ability to remove officers in independent agencies. Signup and view all the answers

How did Humphrey's Executor impact the removal of agency officers?

It limited the president's ability to remove agency officers to situations 'with cause.' Signup and view all the answers

How can the president remove the head of an independent agency?

Heads are removable only for cause, as noted in Weiner & Humphrey's executor, and their terms are staggered. Signup and view all the answers

Why are independent agencies usually headed by commissions rather than individuals?

To ensure a more even-handed approach politically, no more than a simple majority may come from one political party. Signup and view all the answers

Why are commissions a special problem when the White House changes parties after a two-term president?

The staggered terms mean that most presidents will not have the opportunity to appoint all the commissioners during their term. Signup and view all the answers

Study Notes

Independent Agencies Overview

Independent agencies operate outside the executive branch and are not directly supervised by the president.
Their creation is primarily the responsibility of Congress to handle complex regulatory matters.

Leadership Structure

Most independent agencies are headed by a commission or collegial body rather than a single individual.
The terms of agency heads are staggered to overlap with presidential terms, promoting continuity and reducing partisan influence.

Removal of Agency Heads

Agency heads are generally removable only "for cause," as established in Humphrey's Executor case.
Presidential removal powers over agency heads are restricted by Congress, unlike executive agency heads who serve at presidential discretion.

Functions of Independent Agencies

They perform quasi-judicial and quasi-legislative functions, possessing regulatory power equivalent to federal law.
Their regulations have a significant impact on various sectors, reflecting their authority.

Creation and Legislative Concerns

Independent agencies are established through enabling statutes passed by Congress.
Concerns arise from Congress delegating executive functions to these agencies, paralleling the "Browshar issue."

Separation of Powers Issues

Their structure raises potential separation of powers violations by concentrating quasi-legislative and quasi-judicial powers in a single agency.
This consolidation threatens the principle of checks and balances designed to prevent power concentration and ensure accountability.

Significance of Humphrey's Executor Case

The 1935 Humphrey's Executor case established constitutional support for limiting presidential removal power over independent agency officials.
It underscored the need for agencies to operate independently from political pressure, particularly from the presidency.

Presidential Influence and Term Overlap

Heads of independent agencies have staggered terms that can overlap with presidential terms, limiting the president's influence over agency leadership.
The removal of heads is governed by standards set in landmark cases like Weiner and Humphrey's Executor.

Commission Structure and Political Diversity

Independent agencies are typically led by multi-member commissions to promote political balance and avoid dominance by any one political party.
Members serve staggered terms and can be removed only for cause to ensure fair representation and efficacy.

Challenges During Party Transitions

When presidential administrations change, appointed commissioners may extend beyond the president's term, complicating new appointments.
The staggered and longer terms of commissioners inhibit a president from appointing all members of an independent agency.

Description

Explore the structure and functions of independent agencies that operate outside the executive branch of the government. This quiz highlights their leadership dynamics, removal processes, and regulatory roles in American governance.