For an administrative agency to constitutionally exercise legislative power, it is essential that the director of the agency set the legislative policy, so that personnel within the agency who make laws are merely carrying out the legislative intent?

• A. True
• B. False
• C. Not essential
• D. It depends on the agency

Answer: (C)

The key idea is that administrative agencies derive their power to create binding rules from Congress through an enabling statute, and they do so through rulemaking processes that implement statutory standards. It is not required that a single director personally set all legislative policy. Regulations are legitimate as long as the statute grants authority and the agency follows required procedures (like notice-and-comment). The director can guide policy, but the actual lawmaking role is carried out by the agency through its rulemaking and interpretation within the statutory framework. So, it’s not essential for the director to set the legislative policy in advance.