United States the U. Supreme Court identified the following characteristics of an independent federal agency:. William E. When Humphrey refused to resign, Roosevelt fired him because of his policy positions. When Humphrey died shortly after his dismissal, his executor sued to recover Humphrey's lost salary. In a unanimous decision, the Supreme Court ruled that the FTC Act was constitutional and that Humphrey's dismissal on policy grounds was unjustified.
In its decision, the Supreme Court thus upheld the constitutional basis for independent agencies. Today, independent executive regulatory agencies and commissions are responsible for creating the many federal regulations intended to enforce the laws passed by Congress. Most independent regulatory agencies have the authority to conduct investigations, impose fines or other civil penalties, and otherwise, limit the activities of parties proven to be in violation of federal regulations. For example, the Federal Trade Commission often halts deceptive advertising practices and forces business to issue refunds to consumers.
Their general independence from politically motivated interference or influence gives the regulatory agencies the flexibility to respond rapidly to complex cases of abusive activities. Independent agencies differ from the other executive branch departments and agencies mainly in their makeup, function, and the degree to which they are controlled by the president. Unlike most executive branch agencies which are overseen by a single secretary, administrator, or director appointed by the president, independent agencies are usually controlled by a commission or board made up of from five to seven people who share power equally.
While the commission or board members are appointed by the president with the approval of the Senate, they typically serve staggered terms, often lasting longer than a four-year presidential term. As a result, the same president will rarely get to appoint all of the commissioners of any given independent agency.
Commissioners of independent agencies cannot be removed based simply on their political party affiliation. In fact, most independent agencies are required by law to have a bipartisan membership of their commissions or boards, thus preventing the president from filling vacancies exclusively with members of their own political party.
In contrast, the president has the power remove the individual secretaries, administrators, or directors of the regular executive agencies at will and without showing cause.
Under Article 1, Section 6, Clause 2 of the Constitution, members of Congress cannot serve on the commissions or boards of independent agencies during their terms in office. A few examples of hundreds of independent executive federal agencies not already mentioned include:. Actively scan device characteristics for identification. Use precise geolocation data. Select personalised content. An exception is the Social Security Administration, which is an independent agency headed by a single administrator.
Although the President appoints the members, he usually may not choose more than a bare majority from his own party. Although the President typically may select the chairperson, he may not seek to remove members without "cause. Despite these important structural differences, these agencies operate under the APA and most other procedural statutes in the same way that executive departments and agencies do.
Election Assistance Commission U. Institute of Peace U. International Trade Commission U. Postal Service. United States U. Any inconsistencies are attributable to the original source. Abbott Laboratories v. Schechter Poultry Corp. Hampton Jr. Western Pacific Railroad Co.
United States. Sunstein Federalist No. Epstein Office of Management and Budget. Voter information What's on my ballot? Where do I vote? How do I register to vote?
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