Role of U.S. Government Administrative Agencies - Essay Example

Role of U.S. Government Administrative Agencies Abstract The U.S. government administrative agencies are bodies created by the arms of the government and given power to regulate specific areas of the United States economy. They are used to enforce law and order through the power bestowed in the public domain. They investigate the root of the existing problems in case of a controversy in the national domain, before taking the corrective measures for fair and equal treatment. They play an appropriate role in checking the powers of business and other organs to prevent causing social, economical, and political and general form of harm to the national welfare. These agencies are formed for substantial national fields, such as security, transportation, labor, and immigration among others. This paper involves an analysis of ICC (Interstate Commerce Commission), as an agency created and empowered by the Congress to regulate interstate commerce in the United States. The case study has been used to answer how the government agencies function to improve the lives of the citizens, when it overstretches its power to cause harm, and its operations within a democratic government. The document also discusses the administrative law and how it merges with government agencies to improve citizens’ quality of life. Keywords: Government Agency, ICC, Business, Power, Congress, Citizens, Protection Law, Policies, Programs, Interstate, Intrastate, Regulations, Public Interest The United States citizens have always been granted the freedom to express and practice legal businesses, as one way to improve their lives and contribute to the US economic development. However, the people, businesses, or organizations tend to make oppressive decisions or actions that could be based on self interest first, before the rest of the society. As a result, the nation’s welfare and important issues could be injured at the expense of the minority groups; hence, the US government administrative agencies have to come in and to enforce law and order, through its bestowed authority to solve various controversies, by declaring implementation of specific public policies. In the Shreveport case, the interstate commerce commission (ICC), a congress created and empowered regulatory government agency had intervened in the high rates of fare that were charged between Louisiana and Texas traffic, which could have damaged the commerce and interactive movement between the two states. After a deep investigation, the ICC found he interstate rates discriminative and unreasonable, it fixed the maximum rates of interstate travelling westwards to Texas market, and ordered the affected railroads to fix (raise) the intrastate rates of freight travelling eastwards to Texas markets (“National commerce” n.d., p. 72). This was a blow to the railroad companies (Texas and Pacific railways, and the Houston, east and West Texas Railroad), whom as businesses, aimed at generating profits at any opportunity. Following the Texas railroad commission plan, to charge lower rates on freight travelling within Texas and higher between the two states is debatable. For the purpose of boosting the local economy within Texas, the plan would have been beneficial, but since it would discriminate interstate shipment, the interstate commerce would also be affected. For such reasons, products’ prices increase to cater for the additional costs. Does government do too much or little? Depending on the situation, the government administrative agencies’ actions could affect the untargeted group, while solving the problem. The question is, how much can the agencies do with their power? The Congress has the power to regulate the national commerce; it exercises this paramount power through the ICC, which then has the mandate to regulate the interstate commercial activities, to ensure they are fair and non-discriminative by enforcing uniformity of regulations (“National commerce” n.d., p. 72). The internal affairs of a state are their private business, but if their actions are against other states or national development (socially, economically and politically), they become subject to the agencies’ intervention. The Shreveport case entailed actions undertaken concerning two states; it was not the intention of the ICC to influence internal activities of Texas rail lines companies, but for the benefit of interstate commerce, the entangled issues involving interstate and intrastate activities had both to bear the action taken. Rarely will you find a government agency acting beyond the scope of its enabling legislation. In situations where intrastate commerce causes great effect on interstate commerce, the Congress may use the power to regulate the activity with regard to the commerce clause (NPC, 2007). For the Texas society and Railway businesses, the action could have been too much and probably out of control for them, but in general, the corrective measure was fair and non-discriminative for all; hence promoting interstate commerce and communication. Over time, numerous agencies have been established and given specific roles to avoid conflicts in operations. As an administrative agency, each exercises powers normally divided among the 3 arms of the government, engaging in rule making, enforcement, and adjudication, constrained to certain limits (“Powers and functions,” n.d., p. 3-4). Basically, how much the government does depends on its objective, the impact, and rationale. Protection to lives of individual citizens: The government administrative agencies play an active role to safeguard the citizens’ welfare. Without its intervention, the restrictions and oppression from various sectors of the economy would end up harming the people, especially the low income earners who highly depend on the government for support. Through the ICC ruling in Shreveport case, the individuals (American citizens operating within Louisiana and Texas) lives and their spending on commerce activities and movement was saved from financial potential harm, inflicted by the railroad companies’ charges. The governmental agencies work out to provide some specific benefits to the public or individuals, especially if the benefit had been denied, limited, or terminated. There are numerous government administrative agencies, with various powers from the congress and play an important role in their allocated domain of control, by invoking various actions that protect the US citizens from harm. Take into consideration the ICC agency, apart from regulating pricing rates; it is also concerned with safety standards of the industry, which entails the transportation and communication services. It is a measure to protect the property in shipment, or the user of the service. Similarly, in other government administration agencies, they are concerned with citizens’ safety and fair treatment. Improving the Quality of life: The administrative law entails the governmental legal processes and regulations. For the US government to control and exercise its powers, it implements administrative programs, laws, and policies through its agencies (commissions, boards, and departments) at the federal, state, and local levels. The administrative law stipulates how the agencies ought to write their regulations and integrate the public input. Hence, the law affects numerous public interests ranging from environment, immigration, commerce, transportation, taxation, food and medicine, health and security among others. Through the administrative law, the lawyers get to prosecute on behalf of the regulatory agencies, the unlawful actions taken by certain organizations that could harm the nation or citizens welfare. Through such actions, the US citizens’ lives are improved everyday through the dedicated bodies of the government in line with the Administrative procedure act. With best legal administrative lawyers, the regulatory functions of agencies can benefit and improve the lives of citizens when well implemented. The administrative law applies to every field and is not connected to any particular substantive area; hence it functions to generate fair administrative practice for the purpose of promoting law, essential policies, actions, and order to the US citizens. Unfair policies: On a number of occasions, the US government agencies have been mentioned in controversial issues that violate the rights of the citizens. This has been through the rulings, programs, and policies implemented that goes with an intention to put US citizens as the first priority. Of recent, there have been issues with claims of unfair policies on US immigration, which often fail to comply with the international human rights law. While there are numerous US immigration government agencies (Department of state, Department of Homeland Security, U.S Citizenship and Immigration Services, Immigration and Customs Enforcement and Department Of Labor) the violation of the rights of immigrants to fair treatment in the hands of the government is still on. Some of these immigrants have held in detention or denied visa cards have formed families with US citizens, hence their exclusion which is a mandate of a specific Immigration agency disrespects the right family unity. This goes without mentioning of the abuse in detentions and violations in the workplace. The matter calls for US government to make certain reforms in such substantial areas, before delegating the control tasks to its administrative agencies. The US government agencies could also get many criticisms, while protecting the interest of its nation. Hence some policies could be viewed as unfair but their basic objective is justified. Through the national commerce power, the congress was able to prohibit interstate transportation of end products generated through child labor as human resources in factories, simply because it could not matter as an internal factor, but use its power in interstate regulation to restrict the illegal activity of child labor (“National commerce,” n.d., p. 74). This action can be termed as unfair by the producing factories, but for the general US welfare and child protection need, the congress was trying to benefit the society against children harm, within its powers. Unlike before, the tendency of the government agencies to exercise power beyond their scope of control is rare. This is because the government arms have given them a particular task within an area frame and its powers to prevent conflicting with other agencies in their roles. Again the agencies are guided by the Administrative Procedure Acts and administrative law to practice their power within the specified area. Democracy is power but when its guiding principles are ignored, it comes with a cost. Sometimes the US administrative agencies actions could exceed their power beyond their jurisdiction, which could be challenged by organizations in administrative law courts for their orders to be overruled. Finally, the role played by the US government administrative agencies serves to protect the public interest and improve the lives of citizens’. The numerous administrative agencies have been working to ensure that powerful organizations and businesses do not take advantage of the US citizens, to harm them or their property. The government agencies are doing the much they can within their powers to deliver the objective with transparency and justification, safe and fare for everyone. It executes its actions with respect to the law and within the boundaries of the democratic government. Reference List Case of Shreveport NPC. (2007). Activities having a Substantial Effect on Interstate Commerce. Retrieved from http://nationalparalegal.edu/conlawcrimproc_public/CongressionalPowers/SubstantialEffect.asp Powers and Functions of Administrative Agencies. (n.d). Retrieved from http://www.aug.edu/~sbadph/mgmt2106/2106dph06.PDF Read More