Generally, the Constitution does not address federal agencies. It creates the three branches of government and all three branches of government are involved with agencies. All three also play a role in checking agency behavior. The term bureaucracy is loaded. That is, many people have preconceived notions about the meaning of the term, and often those ideas are not positive.

For our purposes, bureaucracy is used to describe the management systems of the United States, the states, and local governments. These include the executive leaders, executive agencies, and other agencies of all of these forms of government, including a few private agencies that provide public services. Under the system of separation of powers, Congress creates, defines, and funds agencies.

The president, in contrast, is the national government’s chief executive officer. As such, the president is the highest officer responsible for enforcing and administering the law. Presidents exercise some control over agencies. In many respects, of the three constitutional branches of government, Congress possesses the greatest ability to control the federal bureaucracy. Courts also play a role in controlling agencies.

As the final arbiters of the law, courts interpret Congress’s mandate and jurisdictional delegations to agencies; courts also review agency adjudications and rules.