ceed in implementing its policy., congressional resistance had to be overcome (45).” Clearly this is what Lowi, meant when he stated administrative law could not plan for the future. Under Article One, Section Eight Congress has the power to oversee the activities of administrative agencies. Because Congress created these agencies, authority can be delegated to them. At the same time Congress, even with the tool of oversight, has a hard time controlling the actions. This is due in part to the process of formal oversight. The overlooking of the subcommittees pulls the focus away from Congress. Rather the views of a few congressmen are accentuated over those of Congress as a whole. Controversy between Congress and an agency is typically something that both parties want to avoid. Yet the Surgeon General’s report did just the opposite. Instead, it encouraged the commission to take a stance that would invoke Congress. Therefore, the health-warning requirement that did not pass Congress became statutory law with the passage of the Cigarette Labeling and Advertising Act (CLAA) of 1965 (86-88). This process of rule-making has led to the development of several other “laws”. One example of this could be the ban started in 1971 excluding all cigarette advertising on radio and television. Also in the same year the Surgeon General proposes a governmental initiative to ban smoking in public places. This proposal was due to the evidence of second-hand smoke and its effects upon other around smokers. This proposal led numerous ramifications years down the line. The first of which was the establishment of “no-smoking” areas within different area, leading up to a ban of smoking on all airplane fights, and more currently to the ban of smoking in public restraints such as McDonalds, Taco Bell and White Castle. To the present day, bans of smoking have continued on this basis. To answer the criticisms o...
