federal government agencies

Independent agencies of the United States government





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The independent agencies of the federal government of the United States are those that exist outside the federal executive departments of the United States (those that are headed by a secretary of the Cabinet). More specifically, the term can be used to describe agencies that are constitutionally part of the executive branch, but that are independent of presidential control, usually because of the power of the president to replace the head of the agency. or a member is limited.

Established separately through statutes approved by the United States Congress, each of the legal concessions of the authority defines the objectives of the agency that must work to achieve, as well as what substantive areas, if any, on which may have the power to regulate. These agencies rule (or regulations), while in force, they have the power of federal law.

Functional characteristics
Independent agencies can be distinguished from executive federal departments and other executive agencies by their structural and functional characteristics. Congress can also designate certain explicit agencies as "independent" in the governing statute, but functional differences have a more legal meaning.

While most Executive Agencies have a single Director, Administrator, or Secretary appointed by the President of the United States, Independent Agencies (in the strictest sense of being outside presidential control) most almost always have a Commission , Board, or Collegiate Body composed of five to seven members who exercise and share authorship over the agency. (This is the reason why many independent agencies include the word "Commission" or "Board" in their name). The President appoints the Commissioners or the members of the Board of Directors, after confirmation of their appointment by the Senate, but most serve by step mandate, and often during periods of more than a four-year presidential term, meaning that the majority of Presidents will not have the opportunity to appoint all commissioners of a particular independent agency. Normally the President can designate which Commissioner will exercise the office of President. Commonly there are statutory provisions that limit the President's authority to dismiss commissioners, usually it can be due to incapacity, negligence at work, embezzlement, or other justified cause. In fact, most independent agencies have a statutory status of members of both parties on the commission, so the President can not just fill vacancies with members of his own political party.In fact, the high rate of turnover among these commissioners or board members means that most Presidents have the opportunity to designate enough vacancies to constitute a majority of votes in each commission of the independent agency within the two first years of the first term as President. In some famous cases, Presidents have dealt with independent agencies more loyal to their ideas and in turn with the wishes of the President and with political objectives than some dissenters between the political appointments of the executive agency. Presidential attempts to remove officials from certain independent agencies have generated most of the important legal opinions of the Supreme Court in this matter. Normally the Presidents have the authority to dismiss the heads of the independent agencies, but they must comply with the statutory requirements for said dismissal, such as demonstrating that the individual has committed a transgression. On the contrary, the President can dismiss at will the heads of the regular executive agencies.

If the independent agency exercises any type of executive powers such as imposition or enforcement (and most of them do), Congress can not participate in the process of habitual dismissal of the commissioners. Constitutionally, Congress can only participate directly in impeachment proceedings. The Congress may, however, pass statutes that limit the circumstances under which the President may dismiss the commissioners of the independent agencies. Members of Congress can not serve as commissioners on independent agencies that hold executive powers, nor can Congress appoint commissioners, the Constitution Appointment Clause confers that power on the President. The Senate can participate, however, in appointments through "advice and consent", which occurs through confirmation hearings and votes on candidates of the President.