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What Is Administrative Law?

What Is Administrative Law?

Administrative law governs the activities of government agencies — the rules they make, the decisions they render, and how their actions can be challenged. It is one of the most pervasive areas of law, affecting virtually every aspect of modern life.

Why Administrative Law Matters

Federal administrative agencies regulate:

  • Food and drug safety (FDA)
  • Environmental protection (EPA)
  • Workplace safety (OSHA)
  • Financial markets (SEC, CFTC)
  • Telecommunications (FCC)
  • Transportation (FAA, NHTSA)
  • Immigration (USCIS, ICE)
  • Tax collection (IRS)

    • Agencies issue more regulations each year than Congress passes statutes. Understanding how agencies operate is essential for businesses, advocacy organizations, and individual citizens.

    The Constitutional Framework

    The Constitution does not explicitly mention administrative agencies. Their authority derives from:

  • Congressional delegation — Congress creates agencies and delegates authority through enabling statutes (also called organic statutes)
  • Article II — the President oversees executive agencies
  • Due Process (Fifth and Fourteenth Amendments) — agencies must provide fair procedures before depriving persons of life, liberty, or property

    • The Non-Delegation Doctrine

    The Supreme Court has recognized a non-delegation doctrine — Congress cannot delegate its legislative power without an "intelligible principle" to guide the agency's discretion. In practice, the Court has upheld very broad delegations of authority.

    Types of Agencies

  • Executive agencies — headed by a single administrator appointed (and removable) by the President (e.g., EPA, Department of Justice)
  • Independent agencies — headed by multi-member commissions with staggered terms and removal protections (e.g., FTC, SEC, FCC, NLRB)

    • Independent agencies enjoy greater insulation from presidential control, promoting expertise and continuity in regulation.

    The Administrative Procedure Act (APA)

    The Administrative Procedure Act (1946) is the foundational statute governing agency procedures. It establishes:

  • Requirements for rulemaking (notice-and-comment procedures)
  • Requirements for adjudication (formal hearings)
  • Standards for judicial review of agency actions
  • Rights of public participation in the regulatory process

    • Quiz: What Is Administrative Law?

    Question 1 of 3

    What is the foundational statute governing federal agency procedures?