Independent executive agencies often take on qualities of other branches of government—namely the legislative and judicial branches—primarily through the following means:
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Rule-Making (Legislative Function): Independent executive agencies, such as the Environmental Protection Agency (EPA) or the Federal Communications Commission (FCC), have the authority to create regulations that have the force of law. This rule-making process resembles legislative functions, as these agencies develop detailed regulations that implement broader statutory provisions passed by Congress.
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Adjudication (Judicial Function): Many independent executive agencies have the power to conduct hearings and make decisions on disputes within their regulatory purview. This adjudicatory role allows them to interpret laws and regulations, similar to how courts interpret statutes. Agencies may issue decisions that can be challenged in court, further intertwining their functions with the judicial branch.
Through these mechanisms, independent executive agencies play a crucial role in governance by effectively blending executive authority with legislative and judicial functions, thereby contributing to a more complex and dynamic regulatory environment.