Independent Agencies in Government

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Here is a short list of independent Federal agencies that have administrative authority to perform research, develop and enforce regulations because of their expertise and the extensive body of regulations:

The U. S. Postal Service (USPS) provides mail processing and delivery services to individuals and businesses in the U.S. The USPS is lead by nine governors who are appointed by the President of the United States with the advice and consent of the Senate.

The Nuclear Regulatory Commission (NRC) regulates commercial nuclear power plants, and other uses of nuclear materials. The NRC is headed by five Commissioners appointed by the President and confirmed by the Senate for five-year terms. One of them is designated by the President to be the Chairman and official spokesperson of the Commission.

The Environmental Protection Agency (EPA) protects people and the environment from significant health risks, sponsors and conducts research, and develops and enforces environmental regulations. The EPA is headed by an Administrator who is appointed by the President of the United States with the advice and consent of the Senate.

The Federal Energy Regulatory Commission (FERC) regulates interstate transmission of electricity, natural gas, and oil, and also regulates hydropower projects and natural gas terminals. FERC is headed by five Commissioners appointed by the President and confirmed by the Senate for five-year terms. One of them is designated by the President to be the Chairman and official spokesperson of the Commission.

The Social Security Administration (SSA) assigns Social Security numbers, and administers the Social Security retirement, survivors, and disability insurance programs. They also administer the Supplemental Security Income program for the aged, blind, and disabled. The SSA is headed by a Commissioner who is appointed by the President of the United States with the advice and consent of the Senate.

The Securities and Exchange Commission (SWC) oversees securities exchanges, securities brokers and dealers, investment advisors, and mutual funds in an effort to promote fair dealing, the disclosure of important market information, and to prevent fraud. The SEC has five Commissioners who are appointed by the President of the United States with the advice and consent of the Senate.

The National Aeronautics and Space Administration (NASA) explores space, and researches Earth systems, the solar system, and the universe. NASA is headed by an Administrator who is appointed by the President of the United States with the advice and consent of the Senate.

So our high new stupid majority in the Supreme Court thinks Congress should take over all the duties of the unelected administrators.

I have only listed a fraction of the agencies in the federal government that have administrative authority to develop and enforce regulations.

Jaak

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So our high new stupid majority in the Supreme Court thinks Congress should take over all the duties of the unelected administrators.

No. The Supreme Court thinks that administrative agencies should not exceed their authority.

DB2

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So our high new stupid majority in the Supreme Court thinks Congress should take over all the duties of the unelected administrators.

The “unelected administrators” who handle the payroll, security, and benefits for the Supreme Court are out of a job. So, payment, security, and benefits for the Supreme Court stop immediately.

Let’s see how long they want it to remain STOPPED.

Or will they order it be continued indefinitely–in violation of their decision?

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The “unelected administrators” who handle the payroll, security, and benefits for the Supreme Court are out of a job. So, payment, security, and benefits for the Supreme Court stop immediately…Or will they order it be continued indefinitely–in violation of their decision?

I suspect you know that you have a distorted view of their decision.

DB2

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No. The Supreme Court thinks that administrative agencies should not exceed their authority.

As of late, you can add this to the growing list of things they get completely wrong.

Good leadership tells subordinates what to get done, not how to do it.

But don’t take my word for it.

Take the word of someone who, while not a very likable person, knew a thing or two about highly effective leadership:

“Never tell people how to do things. Tell them what to do and they will surprise you with their ingenuity.”
General George S Patton

Anyway, I’m glad Patton was a general on our side during WWII and Sam Alito wasn’t.

Leaders that micromanage are ineffective leaders.

AW

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I suspect you know that you have a distorted view of their decision.

They just lost their Trojan Horse.

The Captain

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So our high new stupid majority in the Supreme Court thinks Congress should take over all the duties of the unelected administrators.

No. The Supreme Court thinks that administrative agencies should not exceed their authority.

Sure, no one should ever exceed their authority. The definition of Authority is “the power or right to give orders, make decisions, and enforce obedience”.

The open question is how much authority Congress can delegate, and what specific language is needed to do so. SCOTUS has not given a clear answer to that question and has indicated that it is going with an ad hoc approach for now. SCOTUS has clearly indicated that it is making decisions that are different than what might have been decided a few years ago. The rules of the game are changing, but nobody knows the new rules yet. If you knew the new rules a fortune could be made, and some will magically gain that advantage.

— links —
The Major Questions Doctrine, April 6, 2022
“Agencies often must interpret statutes that grant them regulatory authority… Under the major questions doctrine, however, the Supreme Court has rejected agency claims of regulatory authority when (1) the underlying claim of authority concerns an issue of “vast ‘economic and political significance,’” and (2) Congress has not clearly empowered the agency with authority over the issue… However, the precise scope of the doctrine is unknown… The major questions doctrine’s precise relationship to the Chevron doctrine is unclear… Congress should clearly specify that intention in the relevant underlying statute, as opposed to relying on vague or imprecise statutory language. This task may be difficult at times, given the lack of clear guidance from the Court on what can be considered a “major” question… Gorsuch argued that even had Congress clearly authorized the vaccination mandate at issue in that case, that delegation probably would have violated the non-delegation doctrine”
https://crsreports.congress.gov/product/pdf/IF/IF12077

“The Supreme Court has never found a violation of the nondelegation doctrine outside of Panama Refining and Schechter Poultry in 1935.”
https://en.wikipedia.org/wiki/Nondelegation_doctrine

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So our high new stupid majority in the Supreme Court thinks Congress should take over all the duties of the unelected administrators.

No. The Supreme Court thinks that administrative agencies should not exceed their authority.

DB2

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I do not think so. The Supreme Court is making new laws and dismantling settled law.

Jaak

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They just lost their Trojan Horse.

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No - The supreme court built their Trojan Horse. And now we have chaos in the USA.

Jaak