“No One Can Serve Two Masters”: A Separation of Powers Solution for Conflicts of Interest Within the Department of Health and Human Services

This Comment examines the financial conflicts of interests within the DHHS that results in private influence, the consequential impact of the private influence on the agency\u27s constitutionality under the nondelegation and separation of powers doctrines, and offers a solution that better conforms to the principles and structure of the United States Constitution. Part II examines the penetration of conflicts of interests within the DHHS and impact on drug safety and human lives. Part III discusses the separation of powers doctrine and the development of the nondelegation doctrine with respect to delegations to private groups. Part IV analyzes the constitutionality of administrative agencies under the influence of private interests. Part V analyzes the constitutionality of administrative agencies with respect to the separation of powers doctrine. Part VI proposes a solution to the problems of private interests with administrative agencies. This Comment concludes in advocating a long term solution of repairing the structural flaws that violate the separation of powers by advocating the reformation of Executive Branch agencies into constituent legislative, executive and adjudicatory functions and altering their reporting structure to corresponding branches. In practical terms, the agencies must be disassembled and rebuilt to separate the powers

“No One Can Serve Two Masters”: A Separation of Powers Solution for Conflicts of Interest Within the Department of Health and Human Services

This Comment examines the financial conflicts of interests within the DHHS that results in private influence, the consequential impact of the private influence on the agency\u27s constitutionality under the nondelegation and separation of powers doctrines, and offers a solution that better conforms to the principles and structure of the United States Constitution. Part II examines the penetration of conflicts of interests within the DHHS and impact on drug safety and human lives. Part III discusses the separation of powers doctrine and the development of the nondelegation doctrine with respect to delegations to private groups. Part IV analyzes the constitutionality of administrative agencies under the influence of private interests. Part V analyzes the constitutionality of administrative agencies with respect to the separation of powers doctrine. Part VI proposes a solution to the problems of private interests with administrative agencies. This Comment concludes in advocating a long term solution of repairing the structural flaws that violate the separation of powers by advocating the reformation of Executive Branch agencies into constituent legislative, executive and adjudicatory functions and altering their reporting structure to corresponding branches. In practical terms, the agencies must be disassembled and rebuilt to separate the powers