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by goodluckchuck 1941 days ago
I think it's fair to question the wisdom (and legality) of agencies (https://en.wikipedia.org/wiki/Independent_agencies_of_the_Un...) that are "independent" of the constitution's separation of powers.

The constitution vests Judicial power in an independent judiciary, but provides that the POTUS shall be elected and that executive power shall be vested in him/her... and that legislative power shall be vested in Congress, with Representatives and Senators elected by the people.

To say that there are agencies that are simply outside of that system... it seems to fly in the face of the basic things that kids learn in Elementary school.

The Department of Defense (aka military) takes their orders from the POTUS / Commander in Chief. We should freak if the military went rogue and decided to invade a country without approval. Yet, we're supposed to want other executive departments to act without regard to the wishes of the elected president?

> [The FED] is an agency of the federal government and reports to and is directly accountable to the Congress.

I mean, it sounds as if they're claiming to be a Legislative Branch agency.

3 comments

“Independent” agencies are not independent of the separation of powers. They are “independent” within the executive branch in that their leadership does not serve at the pleasure of the President, is allocated under law by a process designed to provide some viewpoint diversity despite being appointed by the President and confirmed by the Senate, and their leadership can typically only be dismissed for cause, and their power is assigned by law not delegated from above them within the executive branch. They also tend to be delegated either or both quasi-judicial or quasi-legislatove powers by Congress (which also happens to non-independent agencies.)

> To say that there are agencies that are simply outside of that system... it seems to fly in the face of the basic things that kids learn in Elementary school.

In every field, the basic things that kids learn in elementary school tend to be incomplete or wrong, and government is definitely no exception, but independent agencies are not outside the system.

> I mean, it sounds as if they're claiming to be a Legislative Branch agency.

No, accountability to Congress is not exclusive to legislative branch agencies.

There are plenty of agencies under the president who need to be as independent as possible of day-to-day control by politicians. Especially in law enforcement.

Not great if you consider democracy to the be a universally good thing of which more is always better. But it really isn't true. The majority can do good or bad things.

You should freak out if the POTUS decided to invade a country without approval too. It's Congress that decides who to declare war on