Constraints and Powers: Examining the Administrative Process of Federal Agencies

This paper discusses the formal and informal administrative process, limitations of agency powers, creation of law through rule making, adjudication, and policy declaration. It also explores the non-government checks on the power of government.

Running head: DRAFT PAPER 0
constraints and powers draft
AUGUST 3, 2018
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DRAFT PAPER 1
The federal agencies are specific government organisation to meet the specific
purpose. The federal agencies have three main functions namely rulemaking, enforcement
and adjudication. These three functions of the federal agencies are collectively called
administrative process. The federal agencies make law through rulemaking, enforcement and
the adjudication. There are two types of administrative process namely formal administrative
process and informal administrative process. There are different types of agencies. Most
federal agencies are formed through the statues called enabling acts. It describes the scope of
the authority of agency.
In this paper, the formal and informal administrative process, limitations of agency
powers, creation of law through rule making, adjudication, and policy declaration is
discussed and examined.
Thesis statement-
This paper is about the constraints and powers. It focuses on the government powers
and various administrative process. It includes the non-government checks on the power of
government such as free and independent press (Sisung, 2010).
How agencies create law through rule making, adjudication, and policy declarations?
The rule making, adjudication and policy declarations are the process through which
the federal agencies implement the legislation passed by congress and signed into law by the
president. In administration law, rulemaking is a procedure by which administrative and
independent agencies are used to form or circulate rules (Jeffrey, 2006). By process of
adjudication, agencies create the legal rules. Further, an agency can engage in the
rulemaking, adjudication, and policy declaration to update the rules under the current laws. It
may form new rules and regulations as per current authority (Bumgarner, 2006).

DRAFT PAPER 2
What is difference between formal administrative processes and informal administrative
processes?
The federal Administrative Procedures Act forms two types of administrative
procedures for the formation of administrative rules such as formal administrative process
and informal administrative process. The formal administrative process requires a hearing on
the record with production of evidence as same as proceedings in the courtroom. On the other
hand, informal administrative process requires notice to public of projected new rules and
regulations. The federal agencies form the new regulations and alter, amend or revoke
existing rules by the informal administrative process much more than the formal
administrative procedure (Radin, 2002).
Where do agencies fit in United States governmental system?
The federal agencies are independent agency of United States federal government.
They can act only under the statues. They are authority of laws given by the congress. The
agencies have rights to issue the guidelines. The congress permits the agencies to write
regulations, guidelines to resolve the problems, issues, and challenges (John, 2018).
How does judicial review of agency decisions affect agency actions?
The judicial review decides whether the actions of agencies are constant with the
discussion of country. The judicial review decides the powers of agency and compliance by
agencies with proper technical needs. It also determines subjectivity of actions of agency.
Anyone affected by agency action is entitled for the judicial review. The significant effect of
judicial review is that it limits agency actions (Asimow, 2003).

DRAFT PAPER 3
Conclusion
It is concluded that agencies have broad discretionary powers. The congress in United
States passes a law involving an organic statue, which forms new administrative agency. The
agencies propose the new rules, later, which became final rules after review and notification.

DRAFT PAPER 4
Reference
Asimow, M. (2003). A guide to federal agency adjudication. Cambridge: Cambridge
university press.
Bumgarner, J. (2006). Federal agents: the growth of federal law enforcement in America.
California: Greenwood publishing group.
Jeffrey, L. (2006). A guide to federal agency rulemaking. Oxford: Oxford university press.
John, P. (2018). Limitation of federal agency. Australia: university of Australia.
Radin, B. (2002). The accountable juggler: the art of leadership in federal agency.
Cambridge: Cambridge university press.
Sisung, K. (2010). Profile of federal agency. Oxford: Routledge.