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Pros And Cons Of Adjunction

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All administrative agencies including the FDA were created by the legislative branch of the government. They are created through a process called enabling legislation. One unfamiliar with administrative law and government might ask, what exactly is enabling legislation? Enabling legislation is according to the dictionary, is when the legislation gives the appropriate officials the authority to implement or enforce the law (retrieved from https://www.vocabulary.com/dictionary/enabling%20legislation). According to this definition, enabling legislation is when the legislators give agencies certain types of power to make rules and regulations to the areas that they oversee for the benefit of the general public. The main reason for this is that…show more content…
Adjunction is the exercise of judicial powers use by an agency (retrieved from http://administrativelaw.uslegal.com/three-types-of-administrative-agency-action-rulemaking-adjudication-investigation/). According to this definition, adjunction deals more of a judicial process and in many ways could take longer to get regulations passed. Both of these methods have their own merits, but adjunction is the one that would require more “due process”, in a given situation. The reason for this is that it seems rulemaking is more of a formal process, that to get ideas out there and see what is needed in order to be beneficial to the general public. Adjunction, on the other hand, seems to be more court based and can take much longer to get things accomplished compared to the rulemaking process. In the case of the FDA’s new regulation seems to fall under the rulemaking process rather than the adjunction process. The reason for this is that the people that run the FDA saw that there was a growing concern with tobacco products and the harm that they were doing and wanted to do something in order to fix this particular issue that is a major concern in this country. Also, the FDA saw that there old regulations on tobacco products was outdated and needed to make some changes in order to fix some issues that have come up in recent
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