What is the “administrative state?”
About this video
The video explains that the administrative state is contemplated by the Constitution, because one president cannot personally execute all the laws Congress passes. Officers nominated by the president and confirmed by the Senate run departments that Congress creates. The agencies now look like a sprawling 'fourth branch,' but the speaker says that is really a result of Congress's choice to pass so many laws.
You'll be able to
- explain why the president needs help executing the laws.
- describe how officers in the departments are chosen.
- explain why the speaker sees the size of the administrative state as Congress's choice.
Key words
- Administrative state
- The many government departments and agencies that help carry out federal laws.
- Advice and consent
- The Senate's power to approve the president's nominees before they are appointed.
- Department
- A major part of the executive branch, created by Congress, to help execute the law.
- Fourth branch
- A nickname for the huge set of agencies, suggesting they act like an extra branch of government.
Transcript
When we think of the administrative state, the first thing to keep in mind is that the administrative state is obviously constitutionally contemplated. It's within the understanding of the Constitution that the president is a single person who cannot possibly execute, enforce, carrying into execution all the laws that Congress enacts. That means that the president needs help. The president needs assistance.
Who are these assistance? Well, they're officers that the president nominates and with the advice and consent of the Senate, appoints to the various departments. Congress creates these departments. It is totally within the contemplation of the original Constitution to have Congress create these departments to assist the president in executing the law. Congress has passed so many laws that there are so many administrative agencies to help the president administer the law that it looks like the sprawling fourth branch of government. That's one problem, but that's really an issue of congressional power and congressional choice. It's Congress choosing to enact a variety of federal laws, but then someone has to enforce, someone has to administer those laws. It's not going to be the president on his or her own.
He or she will need the help of administrative agencies.
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