Rise And Change: Studys On The Independent Regulatory Commissions In The USA

Separation of powers and checks and balances of powers are always impotantissues in the American constitional system.It includes not only the division of powersbetween the federal and states, but also the division of powers between legislative,executive and judicial in the federal government.But since the later of the19thcentury,federal administrative power has greatly impacted the traditional system of checksand balances powers in American. During this rapid process, the IndependentRegulatory Commissions, the headless fourth branch which is not belong to anybranch of traditional powers undoubtedly played an important role, because of itsdevelopment, can the American Administrative power be expansion until the WorldWar Ⅱ.Because of controlling the economic lifeline of the United States, theIndependent Regulatory Commission is still in an extremely important composition inthe U.S. administrative power today. After the New Deal, due to the expansion ofexecutive power, the Independent Regulatory Commission dose not have the sameprominent status as it before, the Committee's own drawbacks also began to expose,but American society is still accustomed to be regulated by the professionalindependent Regulatory Commissions, regardless of the great criticism. In this sense,according to studying on the Independent Regulatory Commissions, not only canreflect the rise and expansion of the U.S. administrative power, but also can reflect the administrative power should play what role in the economic regulation areas.Whilestudying on the Independent Regulatory Commissions——the headless fourth branch——through its rise and fall, it also makes people to consider: How to establish aright system to make the regulation more appropriate, make it not only be able towork well, but also to prevent its powers are abused. Therefore, the IndependentRegulatory Commission is a reference sample in researching the administrative powerin the U.S.This article striving to show the rise and the change about the U.S.administrativepower through the description of the history of the Independent RegulatoryCommissions. It will expose how to understand the regulation by administrativepower in the American society, and the Independent Regulatory Commissions playedwhat kind of a role in this process.Besides an introduction and a conclusion, thisarticle divides seven chapters to discourse.After the introduction about the mode of such characteristics as well as basicconcepts of the Independent Regulatory Commissions, this essay will start to dealwith the historical process of the Independent Regulatory Commissions.The Chapter Idefines the basic concept about the Independent Regulatory Commissions firstly: thecharacteristics of the headless fourth branch; the functions of the mechanism, thepowers of the Independent Regulatory Commissions and so on. Through these, wecan realize the importance about the Independent Regulatory Commissions in thefederal administration clearly.Chapter Ⅱ discourses that the federal administrative power generated, answersthe question why the Independent Regulatory Commissions——the headless fourthbranch can be appeared. By combing the background and development of theInterstate Commerce Commission in the early era, The Chapter II said that though theInterstate Commerce Act of1887and the founding of the Interstate CommerceCommission are only the temporary compromises of the interests of all parties, but theformation of the Interstate Commerce Commission as a no germination of seed untilmore than ten years uncovered by President Theodore Roosevelt, who awared of itsvalue.While the emergence of the Interstate Commerce Commission, can be regarded as a sign that the U.S. federal administrative power established.Chapter Ⅲ discusses the rise of Independent Regulatory Commission. Thischapter discusses the development of an independent Regulatory Commission in theProgressive Era of the20th century. It first analyzes the Progressive Era to impact thetraditional liberal economic system in American society, and points out that thedisorder of the economic needs a strong regulation by the federal government. Then itoutlines the emergence of the Federal Reserve, the Federal Trade Commission and anumber of other independent regulatory commissions, showing as the main force,howthe Independent Regulation Commissions can promote the expansion of the federaladministrative power.The Chapter Ⅳ discusses the Independent Regulatory Commissions in the NewDeal period. This chapter analyzes the process about the Independent RegulatoryCommission gradually expanded and reached the peak with the expansion ofpresidential power.Firstly, it outlines the background of the formation of the welfarestate, and specifically mentioned how the president can successfully control thisprocess and exclude the interference by the Federal Supreme Court.Then it discoursesthe establishment of some Independent Regulation Commissions like the Securitiesand Exchange Commission and the Federal Labor Commission, It thoughts that theexpansion of Independent Regulatory Commission along with the development ofadministrative power, but this chapter especially highlighted: in the New Deal era,theclimax of the Independent Regulatory Commission is also the time that beginning todecline, especially with failure when the president want to intervene the headlessfourth branch in the Humphrey case, the President will no longer be satisfied to leadthe administrative powers only by the Independent Regulatory Commissions, thepresident began to have his own administrative agencies, the status of the IndependentRegulatory Commissions in the federal administrative power began to decline.The chapter Ⅴ deals with the restructuring and transformation of the IndependentRegulatory Commissions after the World War II. This chapter firstly discusses twolandmark events about the regulation of administrative power briefly: one is theBrownlow Committee's report and the other is the publishment of Federal Administrative Procedure Act, then followed by two Hoover Commission's reportwhich discussed the American society that foces on the changes about theIndependent Regulatory Commissions. This chapter also emphasizes on twoimportant Reports, the one is the Regulatory Agencies to the President-Elect, the otheris a very famous report about the Independent Regulatory Commissions in the Nixonera——A New Regulatory Agencies. Both are pointing out the difficulties about themain Independent Regulatory Commissions. Finally, this chapter anlayses theorganization plans which made by Kennedy's Government.In Chapter Ⅵ, It discusses the reforms about the Independent RegulatoryCommissions in the1970s.This chapter firstly discusses about EPA, as an independentexecutive agency that is a new form about regulatory. Then this chapter selected sometypical commissions like the Occupational Health and Safety Commission, theFederal Nuclear Energy Commission and the Federal Energy Commission to analyse,in order to express that there may be no uniform model of an angecy to regulateeconomic, the Independent Regulatory Commission can also have a variety of formsto enhance the efficiency.In Chapter Ⅶ, It expresses the decline of the Independent RegulatoryCommissions with the trend in American society since the late1970s. This chapterfirstly discusses the background about reduce control and the rise of Neo-liberalism inAmerican society, and then select two typical Independent Regulatory Commissionsto analysis: one is the Civil Aviation Board, which is constantly being criticized afterthe World War Ⅱ; the other is the Interstate Commerce Commission, which hadestablishment over a hundred years. It intended to be illustrative the decay of theIndependent Regulatory Commissions.But this Chapter also analyses the FederalReserve that it operated very well at the turn of the century. According to thesecommissions, It is hard to say that the Independent Regulatory Commissions will bedisappeared or not, but it is certain that: Whatever can the regulatory policy change inthe future, It will not allow a similar Independent Regulatory Commission like theInterstate Commerce Commission in American society.After analyzing in the above chapters about the Independent Regulatory Commissions over hundred years, it can be draw some conclusions. In the politicalstructure, this essay want to say that the most distinctive of the IndependentRegulatory Commission is a headless fourth branch characteristics, the headlessfourth branch is the result of a compromise that involved in the interests of all partiesbecause of the empty in the traditional powers of the federal government.Theemergence of the Independent Regulatory Commission, and the expansion of thefederal administrative power, though impact greatly on the traditional separation ofpowers system, It did not destroy the checks and balances of powers in the federalgovernment. Independent regulatory commissions are never absolutely independent.Inthe future, It needs to strengthen coordination with the traditional three branches toform a stable and restraint mechanisms. In the field of economic regulation, the trendof reducing regulation will be the continuation? As far as I am concerned, Americansociety is always paying more attention to functionalism rather than formalism, thus,the American society is more concerned about the efficiency. After World War II, theestablishment of Independent Regulatory Commissions is no longer a trend, but if wehave proper measures, people will not mind the mode of the regulatory agencies.Nowadays, China also make the reform about administrative agencies, the goal ofreform is not to become the independent regulatory commissions or other Westerninstitutions, but make our agencies can be more efficiency in accordance with ournational conditions. If this article about the Independent Regulatory Commissions willsparks some reflection in this area that is the main purpose for the author.