Administrative agencies blur lines between interpreting laws and making policies.
Administrative agencies in the US are supposed to follow laws, but they often end up making policies instead. This happens because of historical conflicts over who gets to make laws. In England and later in America, debates over royal power led to a compromise where agencies were seen as interpreters of laws. This compromise allowed agencies to have some autonomy while still following the rules. However, disagreements over agency power still exist today, as seen in recent debates between legal scholars. The historical conflict over who can make laws still influences how administrative agencies operate in the US.