Five Pillars of the Administrative State
Executive control
•Court cases •Legislation •Major arguments •Reform proposals •Scholarly work •Timeline
More pillars
•Agency control •Executive control •Judicial control •Legislative control •Public control
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Executive control of agencies is one of five pillars used to understand Ballotpedia's coverage of theadministrative state. It focuses on the balance of power between administrative agencies and the executive branch.

Executive control is a central concept in the debate over the nature and scope of the administrative state. It involves three primary components: appointment and removal power, executive review of agency rules, and legislative review of executive actions. Theappointment and removal power is the authority of an executive to appoint and remove officials in the various branches of government. Executive review of agency rules mandates that the governor or another part of the executive branch review all agency rules.

This article includes information about the following topics:

Key terms related to executive control of the administrative state: This section contains important terms and definitions related to the executive control of the administrative state.

Key laws and court cases related to executive control of the administrative state: This section contains important laws and policies related to the executive control of the administrative state.

• Court cases: This section contains significant court rulings related to the executive control of the administrative state.
• Federal laws: This section contains key federal policies regarding executive control of the administrative state.
• State laws: This section contains a 50-state survey of constitutions and administrative procedures acts (APAs) to see how each state approaches executive control of the administrative state.

Recent legislation related to executive control of the administrative state: This section tracks recent legislation by states about the executive control of the administrative state.

Reform proposals related to executive control of the administrative state: This section contains reform proposals related to the executive control of the administrative state.

Major arguments about the executive control of the administrative state: This section contains key arguments about the executive control of the administrative state.

A timeline of executive control: This section contains a timeline of significant events related to executive control of the administrative state.

Scholarly work related to executive control of administrative agencies: This section contains important legal doctrines related to executive control of the administrative state.

Key terms related to executive control of the administrative state

See also:Glossary of administrative state terms

This section features a list of significant terms related to executive control of the administrative state.

• Appointment and removal power in administrative law refers to the authority of an executive, such as a governor or president, to appoint or remove officials within the executive branch or other agencies under its jurisdiction.

• Executive branch reorganization authority grants the executive the power to restructure the organization, responsibilities, and operations of executive agencies to align with policy goals or improve efficiency.

• Executive review of agency rules requires the executive branch, typically the governor, to review and approve agency rules to ensure they align with the administration’s priorities and comply with statutory authority.

Key laws and court cases related to executive control of the administrative state

See also:Laws, statutes, and bills related to the administrative state

This section features a list of significant laws and court cases related to executive control of the administrative state, as well as a 50-state survey related to executive deference.

Court cases related to executive control of the administrative state

See also:Court cases and lawsuits related to the administrative state

This section contains important legal doctrines related to executive control of the administrative state.

• Myers v. United States (1926) affirmed the president's authority to remove executive officers without Senate consent, underscoring the president’s central control over executive branch administration.
• Humphrey's Executor v. United States (1935) defined the limits of presidential removal power by distinguishing independent regulatory agencies with quasi-legislative and quasi-judicial functions, providing a key balance between independence and executive oversight.
• Free Enterprise Fund v. Public Company Accounting Oversight Board (2010) struck down dual-layer removal protections, strengthening the president's direct control over officers by affirming the importance of accountability in the executive branch.
• Seila Law v. Consumer Financial Protection Bureau (2020) reinforced the president’sappointment and removal power by declaring the structure of theConsumer Financial Protection Bureau unconstitutional due to its single-director design with removal protections.
• Collins v. Yellen (2021) held that removal restrictions on the director of the Federal Housing Finance Agency violated separation of powers, affirming the president’s authority to oversee executive officers.

For a full list of court cases related to the administrative state,click here.

Federal laws related to executive control of the administrative state

See also:Court cases and lawsuits related to the administrative state

This section contains important legal doctrines related to executive control of the administrative state.

• Administrative Procedure Act (APA) is a federal law passed in 1946 that establishes the framework for agencyrulemaking, which the executive oversees, and defines processes for executive influence and control over administrative actions.

• Congressional Review Act (CRA) is a federal law that strengthens executive oversight of agency rules. It allows Congress to challenge agency rules through ajoint resolution of disapproval, but the president’s veto power enables the executive to protect rules aligned with the administration’s policy goals, reinforcing control over the regulatory process.

For a full list of laws related to the administrative state,click here.

State laws related to executive control of the administrative state

See also:Five pillars of the administrative state: a 50-state survey

A 50-state survey of the administrative state: Each of the 50 states has its own state-level Administrative Procedures Act and, of course, a constitution, several of which have stronger or weaker provisions for empowering or reining in the administrative state at the state level.

The following links contain components of the50-state survey related to executive control of the administrative state.

• Executive control of agencies: A 50-state survey
• Executive control of agencies: Organization of state administrative law judges
• Executive control of agencies: State executive removal power over agency officials
• Executive control of agencies: State hiring or appointment of administrative law judges
• Executive control of agencies: States with elected cabinet members

Recent legislation related to executive control of the administrative state

See also:Administrative State Legislation Tracker

Ballotpedia’s Administrative State Legislation Tracker identified proposed and enacted bills in 2024 and 2025 related to the administrative state. This section tracks recent legislation bills related to executive control of the administrative state. To see all proposed legislation related to executive control,click here.

Ballotpedia has trackedtwo major types of legislation categories related to executive control:

• Appointment and removal power: These bills modify the governor’s authority to appoint or remove state executive officials, most often concerning requirements for senate confirmation. These bills may also call for the election of previously appointed officials, or vice versa.
• Executive review of agency rules: These bills require part of the executive branch of government (usually the governor) to review all agency rules.

This map shows all enacted legislation from 2024 or 2025 related to 1) appointment and removal power and 2) executive review of agency rules. To find out more about these bills,click here.^[1]

Appointment and removal power legislation

This legislative approach addressesappointment and removal power, which involves the executive’s authority to appoint or remove state executive officials. Proposals may also call for the election of previously appointed officials, or vice versa. To see all proposed legislation related to appointment and removal power,click here.

This section listsenacted legislation related to appointment and removal power in 2024 and 2025. (click on a bill for more information):^[2]

Executive review of agency rules legislation

This legislative approach focuses on the executive's authority to review agency rules, which involves the power to evaluate, approve, or veto rules issued by administrative agencies. Proposals may also seek to modify the scope or procedures of executive review, such as requiring additional oversight or limiting the executive's ability to intervene. To see all proposed legislation related to the executive review of agency rules,click here.

This section listsenacted legislation related to the executive review of agency rules in 2024 and 2025. (click on a bill for more information):^[3]

Reform proposals related to executive control of the administrative state

See also:Reform proposals related to executive control of the administrative state

Ballotpedia has identifiedfour major types of reform categories related to executive control:

• Appointment and removal authority: This reform category includes proposals that adjust who has the authority to appoint or remove officials within administrative agencies.
• Executive regulatory oversight: This category includes reforms aimed at increasing executive oversight and control over federal agency regulatory processes.
• Broader executive authority: This category encompasses reform ideas designed to expand presidential and gubernatorial control over broader aspects of executive branch management and coordination.
• State executive oversight: This reform category includes the oversight of administrative agencies by state executive officials through mechanisms such as review processes, reporting requirements, or approval authority.

Major arguments about the executive control of the administrative state

See also:Taxonomy of arguments about executive appointment and removal power

This section contains key arguments about the executive control of the administrative state.

Arguments in favor of strong executive appointment and removal power

Click the arrow (▼) in the list below to see claims under each argument.

1.Argument: Strong executive appointment and removal powers promote good government

2.Argument: Strong presidential removal power honors the original constitutional design

Arguments against strong executive appointment and removal power

Click the arrow (▼) in the list below to see claims under each argument.

1.Argument: Restrictions on the executive appointment and removal power promote good government

2.Argument: Limits on the presidential appointment and removal powers reflect changing historical circumstances

3.Argument: Restrictions on presidential appointment and removal powers are constitutional

A timeline of executive control

See also:Executive appointment and removal power: a timeline

This section contains a timeline of significant events related to executive control of the administrative state. For a full timeline related to executive control,click here.

Scholarly work related to executive control to administrative agencies

See also:List of scholarly work pertaining to executive appointment and removal power

This page contains briefs on scholarly works related to the executive control of administrative agencies covered on Ballotpedia. For a list of scholarly work related to executive control,click here.

Explore more pillars

• Five pillars of the administrative state: Agency control
• Five pillars of the administrative state: Judicial control
• Five pillars of the administrative state: Legislative control
• Five pillars of the administrative state: Public control

See also

• Ballotpedia's administrative state coverage
• Administrative State Index

Footnotes

v • e The Administrative State Main The Administrative State Project main page •Administrative State Project Index •Glossary of administrative state terms •Quotes about the administrative state •Administrative state •Rulemaking •Deference •Adjudication •Nondelegation doctrine •Ballotpedia's administrative state legislation tracker Pillars Agency control •Executive control •Judicial control •Legislative control •Public control Reporting Changes to the Federal Register •Completed OIRA review of federal administrative agency rules •Federal agency rules repealed under the Congressional Review Act •Historical additions to the Federal Register, 1936-2016 Laws Administrative Procedure Act •Antiquities Act •Civil Service Reform Act •Clayton Antitrust Act •Communications Act of 1934 •Congressional Review Act •Electronic Freedom of Information Act •Federal Food, Drug, and Cosmetic Act of 1938 •Federal Housekeeping Statute •Federal Reserve Act •Federal Trade Commission Act of 1914 •Freedom of Information Act •Government in the Sunshine Act •Independent Offices Appropriations Act of 1952 •Information Quality Act •Interstate Commerce Act •National Labor Relations Act •Paperwork Reduction Act •Pendleton Act •Privacy Act of 1974 •Regulatory Flexibility Act •REINS Act •REINS Act (Wisconsin) •Securities Act of 1933 •Securities Exchange Act of 1934 •Sherman Antitrust Act •Small Business Regulatory Enforcement Fairness Act •Truth in Regulating Act •Unfunded Mandates Reform Act Cases Abbott Laboratories v. Gardner •A.L.A. Schechter Poultry Corp. v. United States •Association of Data Processing Service Organizations v. Camp •Auer v. Robbins •Chevron v. Natural Resources Defense Council •Citizens to Preserve Overton Park v. Volpe •Federal Trade Commission (FTC) v. Standard Oil Company of California •Field v. Clark •Food and Drug Administration v. Brown and Williamson Tobacco Corporation •Humphrey's Executor v. United States •Immigration and Naturalization Service (INS) v. Chadha •J.W. Hampton Jr. & Company v. United States •Lucia v. SEC •Marshall v. Barlow's •Massachusetts v. Environmental Protection Agency •Mistretta v. United States •National Federation of Independent Business (NFIB) v. Sebelius •National Labor Relations Board v. Noel Canning Company •National Labor Relations Board v. Sears, Roebuck & Co. •Panama Refining Co. v. Ryan •Securities and Exchange Commission v. Chenery Corporation •Skidmore v. Swift & Co. •United States v. Lopez •United States v. Western Pacific Railroad Co. •Universal Camera Corporation v. National Labor Relations Board •Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council •Wayman v. Southard •Weyerhaeuser Company v. United States Fish and Wildlife Service •Whitman v. American Trucking Associations •Wickard v. Filburn •Wiener v. United States Terms Adjudication (administrative state) •Administrative judge •Administrative law •Administrative law judge •Administrative state •Arbitrary-or-capricious test •Auer deference •Barrier to entry •Bootleggers and Baptists •Chevron deference (doctrine) •Civil servant •Civil service •Code of Federal Regulations •Codify (administrative state) •Comment period •Compliance costs •Congressional Record •Coordination (administrative state) •Deference (administrative state) •Direct and indirect costs (administrative state) •Enabling statute •Ex parte communication (administrative state) •Executive agency •Federal law •Federal Register •Federalism •Final rule •Formal rulemaking •Formalism (law) •Functionalism (law) •Guidance (administrative state) •Hybrid rulemaking •Incorporation by reference •Independent federal agency •Informal rulemaking •Joint resolution of disapproval (administrative state) •Major rule •Negotiated rulemaking •Nondelegation doctrine •OIRA prompt letter •Organic statute •Pragmatism (law) •Precautionary principle •Promulgate •Proposed rule •Publication rulemaking •Regulatory budget •Regulatory capture •Regulatory dark matter •Regulatory impact analysis •Regulatory policy officer •Regulatory reform officer •Regulatory review •Rent seeking •Retrospective regulatory review •Risk assessment (administrative state) •Rulemaking •Separation of powers •Significant regulatory action •Skidmore deference •Statutory authority •Substantive law and procedural law •Sue and settle •Sunset provision •Unified Agenda of Federal Regulatory and Deregulatory Actions •United States Code •United States Statutes at Large Bibliography "Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000) "Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017) "Constitutionalism after the New Deal" by Cass R. Sunstein (1987) Federalist No. 23 by Alexander Hamilton (1787) "From Administrative State to Constitutional Government" by Joseph Postell (2012) "Interring the Nondelegation Doctrine" by Eric A. Posner and Adrian Vermeule (2002) "Rulemaking as Legislating" by Kathryn Watts (2015) "The Checks & Balances of the Regulatory State" by Paul R. Verkuil (2016) "The Myth of the Nondelegation Doctrine" by Keith E. Whittington and Jason Iuliano (2017) "The Progressive Origins of the Administrative State: Wilson, Goodnow, and Landis" by Ronald J. Pestritto (2007) "The Rise and Rise of the Administrative State" by Gary Lawson (1994) "The Study of Administration" by Woodrow Wilson (1887) "The Threat to Liberty" by Steven F. Hayward (2017) "Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008) Agencies Administrative Conference of the United States •United States Civil Service Commission •U.S. Government Accountability Office •U.S. Office of Information and Regulatory Affairs •U.S. Office of Management and Budget