ADMINISTRATIVE AGENCIES, PART 5--CONCERNS

Originally, I intended a four part review of regulatory administrative agencies. However, as I developed my discussion, I saw some current trends in agency operations that appeared to create particular concerns over constitutional issues. Therefore, I have decided to elaborate on these problematic concerns:

Separation of Powers

The design of the U.S. Constitution is premised on the separation of powers. A prominent trend currently appears to be the setting of administrative agency policies and regulations as mandated by the executive branch of government. Such policy making, expressed in executive orders and by executive appointments tend to reflect agendas of the executive branch and to dilute independent thinking within agencies. At times, such influences have pushed agencies to the margins of their statutory authority, as when they have engaged in social engineering. Examples could include the recent presidential direction to federal agencies to take actions regarding potential chemical hazards and chemical facilities, and the president's "climate action plan" proposed to be implemented through agency action.

Secrecy and Due Process

Another apparent trend is secret operations by certain agencies, with resulting lack of accountability and due process. An example of this development could be the Independent Payment Advisory Board, created under the so-called ObamaCare law. THe Board is empowered to control spending and to make rules related to Medicare. It is reported that there is no administrative review or judicial review allowed of the Agency's decisions, and no public participation allowed in its rule making. (Wall Street Journal, June 20,2013, p. A21)
Another example could include the secret communication interceptions by the National Security Agency, including the secret supervisory court. Also, it has been reported that USEPA allegedly has withheld scientific research data upon which it has relied to impose air
quality rules affecting power plants (Wall Street Journal, July 30, 2013, p. A15)

What's Next?

A bill has been introduced in Congress called the Regulatory Improvement Act of 2013. It would create the regulatory Improvement Commission. The purpose of this agency would be to identify administrative agency regulations which are duplicative, obsolete or excessive. Congress would have to vote on the Commission's recommendations. Ok--another administrative agency in effect to create regulations to regulate the regulations of other administrative agencies? Dream on!