The Advent of the Administrative Process and Its Future

Authors

Thomas Frank Konop, Notre Dame Law SchoolFollow

Document Type

Article

Publication Date

1941

Publication Information

16 Notre Dame L. 155 (1940-1941)

Abstract

Every government exercises three governmental powers E that are necessary for its existence. They are Taxation, Police Power, and the Power of Eminent Domain. Every government, however crude, or whatever we may call it, must have the power first to make the law, which is called the legislative power; second, it must have the power to declare what the law is, which is the judicial power; and third, it must have the power to enforce the law and this is called the executive power.

In the very early governments such as the government of the clan or tribe, these three powers of government were exercised by one person - the chief. So, in an absolute monarchy, these three powers are vested in one person, the czar or emperor. Today, in the dictatorship of Europe, the dictator exercises both legislative and executive powers and controls the courts. In our country we are committed to the doctrine of separation of powers and our constitutions provide for such separation. These three powers are exercised by distinct persons or groups of persons. Under our constitutions, the congress or legislature legislates, the courts declare, construe and interpret the law, and the president or governor executes or enforces the law. Checks and balances in the exercise of these powers are thus provided, and our rights and liberties better secured.

From the very beginning of our government, the proper exercise of these three powers required agencies such as committees, boards, bureaus and commissions. Our congress and our legislatures have and do carry out the legislative powers through committees, boards and commissions. The president and the governor always have had and must have administrative agencies to properly carry out the executive powers of government. Why, even the courts, in order to properly carry out the judicial function, utilize administrative agencies such as commissions or referees to take testimony, adjusters, receivers, appraisers, etc. Administrative agencies such as these are nothing new in government. They have existed since organized government began. They are the officials appointed or elected to do the detail work and to carry out the will of the legislative, executive and judicial branches of government.

It is my purpose to discuss a few of the boards and to give answer to the following questions; why were they created? what purposes do they carry out? do they impair or destroy our rights and liberties? what of the future? can democracy work without them?

Recommended Citation

Thomas F. Konop, The Advent of the Administrative Process and Its Future, 16 Notre Dame L. 155 (1940-1941).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1034