Administrative Law Notes

Administrative Law Notes - Good outline for admin law 54...

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Good outline for admin law - 54 admin law review 17 Introduction to Agency Law o Constitutional Questions How much control does the President have over agencies? What are the limits of an agency’s powers? What is the justification for government’s intrusion in each particular area? Why does the government intervene at all? Generally, we like to rely on the market to govern itself. The presumption is hands off policy; regulation is only justified when the market cannot govern itself o Example - Anti Trust laws – generally, we should lay off of business. But we need anti trust laws to prevent general monopolies from taking advantage of consumers o Executive vs. Independent Agencies Executive Agency – There is a single head that serves at the pleasure of the President (can be fired at any time). Independent Agencies – There is a group head (commission, board); the commissioners serve staggered terms that do not correspond to the President’s term, and they can be fired only for cause. The President cannot boss these agencies around in the same way. Congress determines if an agency will be executive or independent. However, there are limitations here; Congress cannot create an independent department of defense, as that interferes with the President’s power to do his job. o Brown and Williamson Tobacco Case vs. FDA Facts Brown was upset that the agency has told them how they are allowed to market their cigarettes. FDA was bothered by the targeting of teenagers, which hooked them on smoking. Therefore, no vending machines, no cigarettes to people under 18, no sponsoring of sports teams. Should the government be regulating these things? Can the government limit the sale of or ban outright cigarettes? Appeals Court - Lawsuit began in the court of appeals, which is typical. District courts are good for fact finding; here, there has been an extensive administrative proceeding detailing the facts. Therefore, the suit can begin in the court of appeals Appointing Agency Heads - FDA is a part of the Department of Health and Human Services. The commissioner of the FDA is appointed by the President and confirmed by the senate. He is an “inferior” (lower level) officer of the United States. Lower level officers can be appointed by the President or other officer without
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the senate’s consent if Congress so chooses. But here, Congress did not choose to do so, so the President needs the senate’s consent. Agencies possess the powers that Congress confers upon them. Regulations - The FDA wrote regulations, and went through an extensive process to do so. Regulations have the power of law and are gathered together like statutes. They are more detailed and flesh out open-ended things that Congress says. They must be obeyed like statutes. Enforcement of Regulations
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This note was uploaded on 02/14/2008 for the course LAW 7521 taught by Professor Stack during the Fall '04 term at Yeshiva.

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Administrative Law Notes - Good outline for admin law 54...

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