Part Six: Government Management of the Administrative Process

Pages95-106
I. SCOPE
This section concerns procedures relating to the management of
administrative functions across federal agencies, particularly require-
ments for agencies to submit proposed actions for advance review and
opportunities for executive and congressional supervision or correction
of agency decisionmaking.
II. CONGRESSIONAL MANAGEMENT
OF AGENCY ACTION
The Constitution prohibits members or houses of Congress, or
Congress itself, from being, appointing, or removing ofcers of the
United States, or from vetoing an agency action other than through the
enactment of legislation. Therefore, Congress has no power of direct
supervision or management over agencies even though its power to
dene and limit an agency’s authority is virtually plenary within the
bounds of the Constitution.
Nevertheless, Congress has the recognized constitutional author-
ity to oversee agency action for a number of purposes, especially for
determining whether new legislation is necessary or appropriate. Con-
gress’s ultimate control over the agency’s budget and its organic statute
means that congressional views will have inuence with the agency.
Also, inherent in the legislative power is a power of inquiry, including
the power to subpoena witnesses and documents (subject to applicable
privileges, including an executive privilege of uncertain scope) and to
enforce compliance therewith through the contempt power. Congres-
sional investigation and public hearings can lead to public scrutiny and
political pressure on the agency.
95
PART SIX
GOVERNMENT MANAGEMENT OF
THE ADMINISTRATIVE PROCESS
ADLAW Blackletter Final Proof.indd 95 9/5/13 10:44 AM

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