At the same time, Congress has also given the executive branch some flexibility in determining what it means to “faithfully” execute a law. It’s hard, after all, for legislators to predict every thorny issue that will come up in the process of turning laws into regulations.
In 1946, legislators passed the Administrative Procedures Act, which governs the way that regulatory agencies carry out legislation. That law both gives agencies discretion in setting up laws, but holds them accountable for carrying out CongressÂ’s intentions.
“Under the Administrative Procedure Act precedent, the courts can compel agencies that have been unreasonably delayed,” says Simon Lazarus, a senior counsel at the Constitutional Accountability Center. “Those tend to involve delays that have gone on for years.”