Which statement best describes the legislature's authority to delegate lawmaking to administrative agencies?

Which statement best describes the legislature's authority to delegate lawmaking to administrative agencies?

• A. The legislature cannot delegate lawmaking to an administrative agency.
• B. The legislature must delegate some powers to administrative agencies.
• C. Administrative agencies can create laws by themselves.
• D. The legislature can delegate unlimited power to agencies without constraints.

Answer: (A)

Lawmaking is a core legislative function, and while the legislature may authorize agencies to carry out and fill in details of statutes, it cannot hand over the entire policy-making process to an administrative body. Agencies act within the framework and standards the legislature provides; they issue regulations and guidance that have the force of law only because they operate under statutes. The delegation must be bounded by an intelligible principle or standards set by the Legislature, and courts will strike down attempts to delegate unlimited or unchecked authority. So, the statement that best describes the situation is that the legislature cannot delegate its lawmaking power to an administrative agency. The other views misstate the relationship: agencies do not create laws on their own beyond the statutory framework, delegation is not required to be unlimited, and the legislature is not permitted to relinquish its lawmaking authority without constraints.

Lawmaking is a core legislative function, and while the legislature may authorize agencies to carry out and fill in details of statutes, it cannot hand over the entire policy-making process to an administrative body. Agencies act within the framework and standards the legislature provides; they issue regulations and guidance that have the force of law only because they operate under statutes. The delegation must be bounded by an intelligible principle or standards set by the Legislature, and courts will strike down attempts to delegate unlimited or unchecked authority.

So, the statement that best describes the situation is that the legislature cannot delegate its lawmaking power to an administrative agency. The other views misstate the relationship: agencies do not create laws on their own beyond the statutory framework, delegation is not required to be unlimited, and the legislature is not permitted to relinquish its lawmaking authority without constraints.