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As early as 1776 it was clear that ours was destined to be a government of laws and not of men. In their complaint against the abuses of the British crown, the framers of the Declaration of Independence included the statement that: 'He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.' Although our Founding Fathers attempted to lay this question to rest on the federal level through Article III, Section 1 of the United States Constitution the emergence of administrative tribunals as the 'fourth branch' of our federal government has revived the problem. Consequently, the federal judicial function, to the extent that it is exercised by administrative bodies, has not been able to made a clean break with the implicit influence inherent in Congressional control over tenure and salary.

 

But, as we all know, the problem is not as simple as this, since the arsenal of tools with which an administrative agency implements its broad statutory mandates also includes legislative rule-making power. It is this latter power which sets regulatory agencies apart from courts of law and results in their functions being labelled ...

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