"The Constitution neither establishes administrative agencies nor explicitly prescribes the manner
by which they may be created. Even so, the Supreme Court has generally recognized that
Congress has broad constitutional authority to establish and shape the federal bureaucracy.
Congress may use its Article I lawmaking powers to create federal agencies and individual
offices within those agencies, design agencies’ basic structures and operations, and prescribe,
subject to certain constitutional limitations, how those holding agency offices are appointed and
removed. Congress also may enumerate the powers, duties, and functions to be exercised by
agencies, as well as directly counteract, through later legislation, certain agency actions
implementing delegated authority.
The most potent tools of congressional control over agencies, including those addressing the structuring, empowering,
regulating, and funding of agencies, typically require enactment of legislation. Such legislation must comport with
constitutional requirements related to bicameralism (i.e., it must be approved by both houses of Congress) and presentment
(i.e., it must be presented to the President for signature). The constitutional process to enact effective legislation requires the
support of the House, Senate, and the President, unless the support in both houses is sufficient to override the President’s
veto..".
Congress authority
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