Government agencies are organizations that have the responsibility of overseeing and administering defined functions of the government.
Agencies are notably of various types and are either permanent or semi-permanent depending with the legislation or executive powers that created the agency. Most of the agencies have an executive functions such as the advisory and monitoring activities. Agencies are normally autonomous, independent and accountable to its board of directors. Though agencies may be created by the executive powers and the president being the appointing authority, there is some degree of independence from the executive control (Hall, 2).
Role of government agencies
Broadly defined government agencies are executive federal departments that are inclusive of the president’s cabinet level departments as well as their sub units. Most of these agencies executive role is to implement and advise on policy issues in addition to delivering government services. Agencies also have administrative, commercial and regulatory functions. These functions are carried out within the framework of the government or department within which the agency falls. The degree of the agency operational independence also varies with the ministerial department that oversees the agency (Hall, 2).
3. Constitutional justification of the agencies
Agencies are created through statutes known as enabling acts. Enabling acts define the agency responsibility, scope and authority.
Even though agencies are not expressly mentioned in the US constitution, most of the independent agencies created are technically under the executive arm of the government with the few spread in the legislature (Hall, 2). The administrative course of action which was ratified in 1946 instituted various means via which the state agency dealings could be supervised. The act created a common administrative law and procedures that regulate the agency promulgation of rules as well as the agency adjudication of claims (Clark, 1). The act is applicable to both independent agencies and the federal executive department. According to the manual on the administrative procedure act 1947, the APA main purpose required agencies to inform the public of the organization, include the public in the rule making process, to establish a common standard for the agencies conduct of making rules as well as their adjudication.
Also, identify the scope of the agency judicial review (Clark, 1).
4. How the agencies fit in the realm of the judicial system
The administrative procedure act also established a process through which US federal courts can directly review the agency decisions. According to APA, the agency action could be set aside only if the courts have a conclusion that the regulations are arbitrary and capricious (Clark, 1). Also, when the regulations are seen as an abuse of discretion or considered as not in accordance with the supreme law. However, the congress has powers to limit the scope of the judicial review of actions of the agencies by including some language in the statute (Clark, 1).
Technical expertise in the government agencies
Most of the agencies have seen a drop in the number of technical expertise especially the departments of engineering. The reason being that the mandatory qualifications requirement for many positions was removed and therefore it is possible to for people to fill professional position without having a professional qualification. Secondly, most of the skilled professionals are employed in positions which are not defined with their expertise and skills. Thirdly professionals and skilled workers have moved from the government agencies to the private sector.
In most cases the private sector lures the professionals with technical skills with better packages and working conditions.
Hall, Daniel. Administrative Law Bureaucracy in a Democracy. Upper Saddle River, New Jersey: Pearson, 2009. Clark, Tom, C. Attorney General’s Manual on the Administrative Procedure Act (1947).
Retrieved from: http://www.law.fsu.edu/library/admin/1947cover.html