Although lawmaking is Congress’s job, in effect, bureaucrats

Posted: April 26th, 2023

Although lawmaking is Congress’s job, in effect, bureaucrats (executive branch employees) write many rules that have the same effect as laws passed by Congress. (It’s called administrative law.) Is this a takeover of legislative power by the executive branch? Is it constitutional?

Does the U.S. government have too many agencies doing too many things and costing too much money? Many conservatives think so. What’s your opinion? Too many bureaucrats?

Administrative law is a necessary and constitutional part of the U.S. government’s functioning. While it is true that Congress has the primary responsibility for making laws, they cannot anticipate every issue that might arise in implementing those laws. Therefore, Congress has granted various agencies in the executive branch the authority to make regulations and rules to carry out the intent of Congress’s laws. This delegation of authority is subject to constitutional limitations and can be challenged in court if it exceeds the scope of what Congress intended or violates constitutional principles.

It is not accurate to describe administrative law as a takeover of legislative power by the executive branch because the executive branch is acting within the authority granted to it by Congress. The rulemaking process is transparent and involves public notice and comment, allowing for input from affected parties and stakeholders.

As for the size and cost of the federal government, it is a matter of political debate and opinion. While some argue that there are too many agencies and bureaucrats, others believe that the government needs to be sufficiently staffed and funded to carry out its responsibilities effectively. Ultimately, the size and cost of the federal government depend on the priorities and values of the elected officials and the American people.