I’m trying to start from the baseline of the U.S. Constitution and work my way out into how a regulatory agency gets its power and authority under the law. Thank you!
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In the United States, the Constitution designates a body collectively called Congress as the legislative branch, which consists of two sections: the House of Representatives and the Senate. Most proposed laws at the federal level must be approved by both bodies to become a law (unless vetoed by the President, which in turn is not overridden by Congress).
Now, Congress has authority to make laws under provisions of the Constitution that empower it make various laws or require it to enact certain types of legislation. In constitutional law, there used to be what’s called the Non-Delegation Principle, which held that, federally, Congress and Congress alone had the power to enact laws. Over time, that principle was relaxed as the Supreme Court and others began to increasingly conclude that many things required more dedicated and specialized groups and knowledge to regulate.
Thus, Congress is empowered to write laws that, in turn, create and empower agencies to make and enforce more specific regulations and the law itself, often at partial direction of the executive branch or someone appointed thereby. While they have some leeway, though, those agencies must adhere to Constitutional limits and requirements and follow the laws that Congress sets, including procedural requirements under the Administrative Procedures Act.
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