How can the President create an administrative agency?

Study for the Administrative Law Exam with engaging flashcards and multiple choice questions. Enhance your understanding with hints and explanations to get you ready for your exam!

The President can create an administrative agency by using an executive order, which allows the executive branch to take action within its purview. This process is a direct exercise of the President's authority to manage the operations of the federal government. Executive orders have the force of law and can be used to establish, reorganize, or facilitate the functioning of existing agencies, thereby creating new agencies or modifying the structure and functions of existing ones.

While legislative acts and joint resolutions involve Congress's participation and require passing through the legislative process, executive orders are within the unilateral powers of the President. This means that the President can effectively establish agencies without requiring legislative approval or following the slower, more complex path of legislation.

Creating an agency through a public referendum is not feasible, as administrative agencies are primarily established to implement and enforce laws created by the legislature, and the process does not involve direct voter input in the same manner that laws might be passed. Thus, the correct pathway for a President to create an administrative agency is through the issuance of an executive order.

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