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Is an Amendment to the Constitution necessary to limit a right according to disability or to create an independent agency which is independent from the Executiv

Is an Amendment to the Constitution necessary to limit a right according to disability or to create an independent agency which is independent from the Executive (Justice), Legislative, and Judicial branches? Define "Independent Agency"? GSA General Services Administration: https://en.wikipedia.org/wiki/General_Services_Administration https://en.wikipedia.org/wiki/General_Services_Administratio... : > The General Services Administration (GSA) is an independent agency of the United States government established in 1949 to help manage and support the basic functioning of federal agencies. Independent agencies of the United States federal government: https://en.wikipedia.org/wiki/Independent_agencies_of_the_United_States_federal_government https://en.wikipedia.org/wiki/Independent_agencies_of_the_Un... : > In the United States federal government, independent agencies are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. [1] In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch, have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. > Established through separate statutes passed by Congress, each respective statutory grant of authority defines the goals the agency must work towards, as well as what substantive areas, if any, over which it may have the power of rulemaking. These agency rules (or regulations), when in force, have the power of federal law. [2] However, like Acts of Congress and Executive Orders, such rules are not Constitutional Amendments. > Examples of independent agencies: These agencies are not represented in the cabinet and are not part of the Executive Office of the president: > [ Amtrak, CIA, FCC, FDIC, FEC, Federal Reserve, FERC, FTC, CFTC, SSA, TVA, NASA, NARA, OPM, ]

rayiner 2y ago
> Define "Independent Agency"? I said independent executive-branch agency. The very first sentence of Article II says: "The executive Power shall be vested in a President of the United States of America." Congress can't create an agency that exercises "the executive Power" that's independent of the President. In the same way that Congress can't create an unelected mini-Congress that enacts laws binding on citizens, and can't create courts outside the judiciary branch that can convict people for federal crimes. > [ Amtrak, CIA, FCC, FDIC, FEC, Federal Reserve, FERC, FTC, CFTC, SSA, TVA, NASA, NARA, OPM, ] These entities all differ in whether they're exercising "executive power" or not. Amtrak doesn't meaningfully exercise executive power. Congress can provide for Amtrak to be independent of the President's control. Or to use another example, Congress could probably create a bank that provides student loans that's independent of Presidential control. But the SEC is a quintessential executive-branch agency. It enacts rules that interpret the securities laws and can prosecute people for violations of securities laws.
- westurner 2y ago
  > In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch, have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Congress must confirm candidate appointees to independent agencies, otherwise they are not independent of the Executive. Can the President terminate Congressionally-approved nominations without regard for their service? They can. Is the President totally immune? They are not. When can't the executive pardon themselves?

rayiner 2y ago

> Define "Independent Agency"? I said independent executive-branch agency. The very first sentence of Article II says: "The executive Power shall be vested in a President of the United States of America." Congress can't create an agency that exercises "the executive Power" that's independent of the President. In the same way that Congress can't create an unelected mini-Congress that enacts laws binding on citizens, and can't create courts outside the judiciary branch that can convict people for federal crimes. > [ Amtrak, CIA, FCC, FDIC, FEC, Federal Reserve, FERC, FTC, CFTC, SSA, TVA, NASA, NARA, OPM, ] These entities all differ in whether they're exercising "executive power" or not. Amtrak doesn't meaningfully exercise executive power. Congress can provide for Amtrak to be independent of the President's control. Or to use another example, Congress could probably create a bank that provides student loans that's independent of Presidential control. But the SEC is a quintessential executive-branch agency. It enacts rules that interpret the securities laws and can prosecute people for violations of securities laws.

westurner 2y ago
> In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch, have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Congress must confirm candidate appointees to independent agencies, otherwise they are not independent of the Executive. Can the President terminate Congressionally-approved nominations without regard for their service? They can. Is the President totally immune? They are not. When can't the executive pardon themselves?