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The Sources and Limits of Government Agency Power

Reed Mitchell

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Published in Administrative Law: The Sources And Limits Of Government Agency Power

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Government agencies are powerful entities that play a vital role in our society. They make rules, enforce laws, and provide services that affect our lives in many ways. But where does this power come from, and what are its limits?

Sources of Government Agency Power

The power of government agencies comes from a variety of sources, including the Constitution, statutes, and the common law. The Constitution grants the federal government certain powers, such as the power to regulate interstate commerce and to declare war. Statutes are laws passed by Congress that give government agencies specific powers and responsibilities. The common law is a body of law that has been developed over time through court decisions. It can also give government agencies certain powers.

Administrative Law: The Sources and Limits of Government Agency Power

by Daniel L. Feldman

4.3 out of 5

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In addition to these formal sources of power, government agencies also derive power from their expertise and resources. Agencies are often staffed by experts in their field, and they have access to a wealth of information and data. This gives them a great deal of influence over the development and implementation of public policy.

Limits on Government Agency Power

The power of government agencies is not unlimited. There are a number of factors that can limit their power, including the Constitution, the courts, and the political process.

The Constitution places limits on the power of government agencies by dividing the federal government into three branches: the legislative, the executive, and the judicial. This separation of powers prevents any one branch from becoming too powerful.

The courts can also limit the power of government agencies by reviewing their actions and striking down those that are unconstitutional or illegal. The courts can also issue injunctions to stop government agencies from taking certain actions.

The political process can also limit the power of government agencies. Elected officials can pass laws that restrict the powers of agencies, and they can also appoint agency heads who are sympathetic to their views.

Government agencies are powerful entities that play a vital role in our society. Their power comes from a variety of sources, including the Constitution, statutes, and the common law. However, their power is not unlimited. There are a number of factors that can limit their power, including the Constitution, the courts, and the political process.

Administrative Law: The Sources and Limits of Government Agency Power

by Daniel L. Feldman

4.3 out of 5