Regulatory Agencies Vs Independent Agencies

Congress is a major component in deciding how well an agency will do and how well it will carry out its obligations. Despite the fact that bureaucracies in American can control, manipulate and have a profound impact on the lives of citizens and the nation as a whole, according to Herbert Kaufman “congress possesses an “awesome arsenal” of weapons that it can use against agencies: legislations appropriations, hearings investigations, and personal interventions in order to limit their effect. Now besides congress having the duty and responsibility of creating laws for the United States of America, congress can also check and balance bureaucratic agencies. They do so by using a

“For example, the federal government regulates the quality of food and water, the safety of workplaces and airspaces, and the integrity of the banking and finance system.” (Bianco, Canon 2011, p 582) Regulations find out if the product is a market failure. There are two types of regulations, which are economic and social. “Economic regulations sets prices or conditions on entry of firms into an industry, where as social regulation address issues of quality and safety.” (Bianco, Canon 2011, p 582) Economic regulations are concerned with the price regulation of monopolies.

Some challenge that the most efficient regulator is free-market competition among those seeking to attract the buying public. They argue that government regulation is intrusive with the marketplace and works to the disadvantage of both consumers and producers. Advocates of government regulation, however, see a better need to observe and guide the path of competition. They believe that an entirely unrestrained market will unavoidably lead to monopolistic practices, higher costs, underserved segments of society, and lower-quality goods and

To sum things up – when it comes to the bureaucracy, some of the controls that the president has the authority to use are: appoint and remove agency heads, reorganize the bureaucracy, make changes in budget proposals, reduce an agency's budget, ignore initiatives from the bureaucracy, and issue executive orders. Nonetheless, even with all of the powers and controls that the president possesses, taking into account the sheer magnitude and breadth of the bureaucracy, having complete control over it is not even feasible. In addition, even though the president is delegated the responsibility of managing the bureaucracy, when throwing the influences of Congress,

Even though the federal government is the main source of promotion and regulation of industry in America, regulation almost inescapably obstructs success

Many utilities are monopolies by having the entire market share in certain areas. With deregulation of these utilities, the market becomes open to competition for market share to begin. In terms of regulation of monopoly, the government attempts to prevent operations that are against the public interest, call anti-competitive practices. Likewise, oligopoly is a market condition where there are minimal distributors that have a major influence on prices and other market factors. This causes market failure, especially if evidence of collusive behavior by dominant businesses is found.

State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how?

The Trump administration is closely monitoring the roles of independent regulatory agencies since the president signed the executive order to reduce the regulatory burdens created by Dodd-Frank. Since many people consider the CFPB an independent agency, several student loan debt holders are left to wonder if a federal agency will exist to help protect them from predatory lending practices.

There are five legal theories you can use in an attempt to have any administrative regulation declared invalid and overturned in court. The first is the arbitrary and capricious standard, which is applied to informal rulemaking and simply requires the agency to show evidence to support the proposed rule. If there is not evidence then the rule can be held to be arbitrary and capricious. Second, is to challenge the regulation as being unconstitutional. If a regulation challenged because of unconstitutional grounds it is due to the fact that the regulation gives the agency authority to search records or discriminate against a certain class. Third, is that the regulation is unsupported by substantial evidence. Substantial evidence requires that more convincing evidence exist in support of the regulation that against it. Fourth, involves the rule that a regulation can be set aside if the agency did not apply with the Administrative Procedure Act requirements of notice, publication, and comment or input. Last, but not least, is ultra vires, a Latin word which means “beyond its power”. This applies if an agency tries to change the substance and purpose of the enabling act through regulation.

The next area that I will discuss is the federal regulations that govern interstate transactions.

impact and possibly they could later the language of the regulations to lessen or mitigate the regulations. There

Thus, although legislators and groups may try to protect their agencies by burying them in rules and regulations, a good deal of agency discretion will remain, and the presidents cannot readily be prevented from turning it to their own advantage.

In a 2010 National Review article titled “Chris Dodd’s Big, Misguided Bill” Malpass argued against the value of creating the consumer financial protection bureau, writing that the Obama administration should “streamline and concentrate” existing consumer protection regulators, a step that he said “would result in a reduction of government jobs.”

Another key question is why do we have regulation? Regulation is meant to serve the best interest of the public. Regulation can serve the private interest, public interest or both. Almost every aspect of our daily life is regulated (as per Regulation: A Primer, page 1). Regulation is very comprehensive to the point that it extends to the moment we wake up to the moment we go back to bed at night. In the morning, there are regulations that dictate which airwaves are used by your radio station; in addition, food and drug agencies regulate the content of your toothpaste, soap,

I believe Both Bush and Obama were successful exercising executive authority to influence administrative agencies. The author noted that President Bush mastered the administrative presidency and writes, “Bush 43 Administration has been able to influence agency budgets more than his predecessors” (p. 41). The text notes that he not only controlled the substance of agency action but also the information agencies could use. President Bush’s executive orders created policy initiatives that established several faith-based and community initiatives. Although the text was written prior to President Obama’s term, the use of executive orders was also successful. Percival (2001) wrote “from the first days of his Administration, President Barack Obama made it clear that he would play an active role in seeking to mobilize the federal bureaucracy to achieve his policy ends.” (p.2528). President Obama’s executive order to the FDA is one example of how a president can use an executive order to instruct an agency on how to implement existing policy. Clearly, these recent administrations have been more active and more successful in efforts to persuade agency heads to pursue policies desired by the White House. In my opinion, this activity is an important reason for their success and now extend far beyond the OMB review process exemplified in the executive