Essay Sample on Historical Antecedents to the Administrative Procedures Act

Administrative Procedure Act (APA) is a law in the United States that was passed in 1946, stipulating how various federal agencies make and implement regulations (Metzger, 2012). Agencies thrive in the executive arm of government and are capable of producing, interpreting, and enforcing rules and regulations. Agencies having legislative, administrative, and judicial functions had to be checked in their operations since they could easily affect the separation of powers through an oversight role played by Congress. APA governs how federal agencies act, the way to petition or challenge them, and includes administrative law values such as regular procedure and decision-making. Administrative activities emanating from the Progressive Era and New Deal led to the enactment of the Administrative Procedures Act of 1946 (Metzger, 2012).

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The progressive era was marked by the end of domestic chaos in the U.S. and the inauguration of William McKinley as President in 1897 and unprecedented prosperity began after an overwhelming panic of 1893 (Scheopner, 2017). The federal government leadership was controlled by business forces emanating from major owners. In 1897 the Dingley Tariff Act and Gold Standard Act were enacted, which increased tariffs immensely and hastened the expectations of advocates of the free coinage of silver (Metzger, 2012). At the same time, the President did not stop industrial defiance of the Sherman Antitrust Act. Leadership with business interests caused problems like labor exploitation, breakdown of democratic governance, and rapid movement to financial stabilization. Several changes were too diverse and hostile to merge for a national cause.

The New Deal under President Franklin D. Roosevelt led to the rapid development of several agencies. The agencies were compelling and raised fears of abuse of their authority. The inter-agency relationship was not clear (Metzger, 2020). The New Deal's culmination led to the APA's uniform administrative law to regulate and guide agencies' operations.

Old-fashioned Turf Protections

The old–fashioned turfs include the judicial system. The administrative law got anchored on the courts of the federal system. The agencies also had their internal mechanisms of making laws and interpreting them (Scheopner, 2017). This way, the agencies may act without congressional approval. Administrative law has a traditional court-centric focus and has a close connection to government practice. As the administrative law developed, it has notably moved distant from how the agencies work. Another old-fashioned turf protection is the separation of administrative law and public administration, which begins from the tender field's history of development, institutional obligation, ideology, and constitutional ethics (Metzger, 2020). The situation remains the same to date though there are attempts for linkages.

Administrative Law and Public Administration

Public administration and Administrative law should be closely linked. The link will ensure the operations of the public officers and the public entities they operate in a particular manner regulated by law. Administrative law will ensure that public entities observe public participation and operate within limits provided in the federal constitution or any other established statutes (Metzger, 2020). Just like after the New Deal and the Progressive Era, public entities, if not carefully monitored, may engage in illegal practices or operate in unclear ways. There is a need to increase public participation and minimize litigations and judicial processes in public administration. Administrative law will ensure accountability, transparency, and government involvement in public administration.

References

Metzger, G. E. (2012). Foreword: Embracing Administrative Common Law. SSRN Electronic Journal. doi:10.2139/ssrn.2047074

Metzger, G. E. (2020). The Roberts Court and Administrative Law. The Supreme Court Review, 2019, 1-71. doi:10.1086/708146

Scheopner, C. (2017, December 01). Administrative Procedure Act. Retrieved July 15, 2020, from https://www.britannica.com/topic/Administrative-Procedures-Act