President Hoover lost his second term because he failed to keep his promise the American people after he declared that the country had left the poor house forever, merely in less than a year, the great depression hit America. Then, the people lost confidence in him and President Franklin Delano Roosevelt won the election with a promise of a New Deal to end this poverty throughout the country. He first proposed to expand the three powers with a fourth branch called executive agencies after the great depression. However, the Supreme Court opposed the Roosevelt’s National Industrial Recovery Act of 1933 which he was not too, please.
After his re-election, he re-proposed the Judiciary Reorganization Act of 1937 where he reached the legislative, executive, and judicial branch. (The Role of Federal Judges in the Modern Administrative State) The Court’s alliance with the President second proposition brought a confusion to the separation of powers doctrine that led to an extensive lawmaking transferring power to administrative agencies that come to exercise powers designated to Congress.
Justice Marshall famously once stated, “it is absolutely the territory and responsibility of the judiciary branch to declare what the law is. it is not the role of federal authorities to revise laws by inflicting their personal policy choices and feelings. It is not the place of these federal judges neither picking who will be the winners based on their personal prejudices and personal views that favor one group over another. (The Role of Federal Judges in the Modern Administrative State) The issues that could be related to the establishment of a new agency could be a delegation of authority because most of these agencies have become more than lawmakers, they play the role of legislative power, executive and judicial powers.
Congress delegated powers to them because they are too busy doing other stuff, so they find it favorable to have these bureaucrats to create and dictate most often arbitrary rules and regulations against the will of the Supreme law of the land. These agencies arev e working as an amalgam that is taken the responsibilities of the legislative, the executive, and the statutory which could jeopardize the stability and the separation of powers left by the Fathers of the Constitution.
As President Harry Truman once declared, “I thought I was the president, but when it comes to these bureaucrats, I can’t do a damn thing. ” (The House of Senate) The Constitution grants all the three branches separated roles according to Article I Congress is authorized to enact laws. Article Il designates the executive to implement the laws enacted by Congress. And Article III empowers the courts to define the real meaning of these laws according to the Constitution.
Yet, whatever powers that are not within the scope of the three branches belong to the states and to the people. Consequently, the agency does not have any legal right to act on its own until Congress gives the authority do to so. Therefore, the court will decide if Congress was too vague about the delegation gave to an agency. Accordingly, the agency will be required to create regulations to fill any gap that Congress has not clearly directed. (The House of the Senate) Thus, it is recommended that the interpretation of the agency needs to be in the scope of the statute.
The courts should employ its autonomous judgment to assess the law that has been interpreted by the agency. The court is compelled quickly to give substantial deference to the agency’s explanation of the statutes as long as it is reasonable and permissible. The agency’s interpretation cannot obviously obstinate, inconstant, and arbitrary to the legislative act itself. The judiciary system should agree on how much deference that is owed to this agency. The agency’s regulations are supposed to be “Reasonable and permissible” so the courts could not defer.
Above all, people more than ever are relying on courts to guarantee the rationality and the legality of any resolutions from the agency. The new drug endorsement process must be to regulate all drugs for safety protection and the effectiveness of the products for a minimum period of three to six months for experiment reviews. The agencies are required to obey the perspective of congress as superior and out of reverence. This new agency needs to respect its statutory limits to bring changes intended to keep the public from unsafe drugs on the marketplace at no cost of human life.
This new agency needs to work with the legislative power, the executive and the judicial system to be able to exercise its authority rightfully for the well-being of the people. It is the responsibility of the court to check that there is no part that is more powerful than the other. Congress needs to delegate the regulatory authority to agencies with specific “intelligible principle” to guide the agency in the operation and the limits of its discretion. The Court’s duty is to check for any abuses of authority by the agency.