The sub governments are effective because each of the sub-governments makes effective decision by practicing their powers. Cann, in his Administrative Law (2006) text, observes that “If the President possesses the will to control agencies but lacks the power and authority to do so, Congress does possesses the power but generally lacks the will to excise it” (pg. 67). This statement illustrates the complicated …show more content…
Checks and balances system is working in the case of The Dole v. United Steel- Workers, by preventing any manipulation of agency activity. The Congress control passing a budget and the President has limited power of how that budget can be spent. The President tries to excise control through agencies such as the Office of Management and Budget (OMB). While the Congress dictates funding, under the President, the OMB has the power to dictate some of the spending. Dole v. United Steelworkers case demonstrates the executive branch’s efforts to regulate agency rule-making. Occupational Safety and Health Act (OSHA) allowed Department of Labour (DOL) to make the American workplace safer by requiring the Hazard Communications Standard. It did not allow OMB to remove the provisions of DOL’s Hazard Communication Standards based on OMB’s determination “that the requirements were not necessary to protect employees…therefore, applied to situations in which disclosures did not benefit employees” (Cann, p. 45). The court intervened in this case stopping the Congress and the President, as an advocate for the American people in the work …show more content…
At the same time this power can be accredited to the executive branch if it is an ‘intelligible principle’ to help guide the agency. The importance of checks and balances is also addressed in another case titled Food and Drug Administration v Brown and Williamson Corp. The court concluded that the FDA, an agency controlled by the President, did not have the supremacy to control tobacco but tobacco should be regulated by its own policy. According to week two class notes, this case “highlights the power of Congress by underscoring their ‘intent’ as policy regulation, but more importantly, it showcases the need for Congress to provide specific legislation that will outline the roles and responsibilities of agencies, rather than allowing the courts or agencies to make such critical societal decisions” (Week Two Lesson). For some cases, (the new form of ‘checks and balances), congressional veto is not always effective. Nonetheless, the case illustrates that Congress needs to offer specific legislation to agencies, specifying their authorities and responsibilities instead of permitting courts to make all case