Law
The role played by the Legislative Branch of the government in the regulatory process can take place in its generic form in the legislative veto, which involves a stipulation wherein Congress shall reserve the right to disapprove an action taken by the agency under an administrative statute (Barry and Whitcomb, 2005, p.65). In most instances, the executive action which is being questioned is the adoption of an administrative regulation. This will serve as an administrative check on the administrative implementation of a statute which has been known as a “legislative veto”. This refers to the reservation of power used by Congress to strike down agency regulations declared as unconstitutional by the Supreme Court. This was the ruling in the case of Immigration and Naturalization Service v. Chadha (462 U.S. 919) where the Supreme Court there was a violation of the presentment clause and the requirement of bicameralism. This is in accordance with the checks and balances on the part of the Legislative Branch to determine whether there was abuse of authority of the delegated power to the agencies. Delegations of administrative authority impose upon the administrators to use discretion in formulating standards and policies but should act within the limits of that authority (Rosenbloom, 2003, p.6).
On the other hand, in the case of the Executive Branch, its role in the regulatory process involve the appointment by the President of the heads of the agencies which have been given the authority to appoint the public ministers and consuls, in order to help in the enforcement of laws and policies of the country. As part of the Take Care Clause of the Constitution, the President has the responsibility to ensure that laws are being executed faithfully in the performance of his official functions. The President may also issue Executive Orders which can serve as direction and guidance provided by the President to agencies of the government and members of Congress.
References:
Rosenbloom, D. H. (2003). Administrative Law for Public Managers. Colorado: Westview Press.
Barry, D.D. & Whitcomb, H.R. (2005). The Legal Foundations of Public Administration.
Maryland: Rowman and Littlefield Publishers.
