Notes

Administrative law “structures” refer to designated agencies, boards, commissions, departments and other governmental institutions which have been created to perform narrowly defined tasks or to be responsible for particular governmental functions. While they are typically delegated authority by Congress, they act as part of the executive branch.

These institutions are created and granted powers by Congress to carry out or administer those areas of governance which would be too time-consuming and inefficient for the President, the presidential staff or Congress to manage without such structures.

Administrative law is the body of law that governs these structures. It includes federal laws, Constitutional provisions, executive branch directives and internal agency policies, which govern the functioning of the federal agencies. Administrative law is not necessarily applicable or limited to a particular area, but defines the authority, structure and procedures of all federal agencies.

These governmental bodies, generally referred to as administrative agencies, arose primarily in the early 20th century as the function and scope of the federal government became increasingly and complex.[1] Today, the federal government has dozens of agencies that administer, regulate and oversee a diverse range of government functions related to agriculture, transportation, the financial system, the environment, taxation and housing, among many other important spheres in which the government plays a role.

While administrative agencies operate under the umbrella of the executive branch, they operate according to internal procedures. Some agencies retain a degree of independence from the executive branch, specifically from direct control by the Presidential administration.

While agency heads are nominated by the President and many must be confirmed by Congress before taking office, the agencies are largely staffed by civil-service employees who are chosen on the basis of professional merit. Unlike political appointees who may serve only for the duration of the administration that appointed them, the professional employees are generally career employees at the agency for which they work. This helps insulate agency decisions from political and popular pressures to ensure that decisions are made on the basis of expertise and non-political public policy.