Under the U.S. Constitution, all sovereignty ultimately resides in the people and lawmaking authority is vested in Congress. The theory that circumvents those powers and permits the administrative agendas to enact rules and regulations is known as the:

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The theory that permits administrative agencies to enact rules and regulations despite the lawmaking authority being vested in Congress is known as the Delegation theory. This theory allows Congress to delegate some of its lawmaking authority to administrative agencies such as the EPA or FDA. However, this power is not unchecked, and agencies must comply with the Constitution and statutes passed by Congress.