amin law - United States Administrative Law United States...

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United States Administrative Law United States administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the United States Government. The executive, legislative, and judicial branches of the U.S. federal government cannot always directly perform their constitutional responsibilities. Specialized powers are therefore delegated to an agency, board, or commission. These administrative governmental bodies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets. Justice Breyer defines administrative law in four parts. Namely, the legal rules and principles that: (1) define the authority and structure of administrative agencies; (2) specify the procedural formalities employed by agencies; (3) determine the validity of agency decisions; and (4) define the role of reviewing courts and other governmental entities in relation to administrative agencies. [1] U.S. federal agencies have the power to adjudicate, legislate, and enforce laws within their specific areas of delegated power. Agencies "legislate" through rulemaking - the power to promulgate (or issue) regulations administrative law is codified as the Code of Federal Regulations. Scope of administrative authority The authority of administrative agencies stems from their organic statute, and must be consistent with constitutional constraints and legislative intent. Generally speaking, therefore, agencies do not have the power to enact a regulation where: The regulation is an unconstitutional delegation of power (under current caselaw, courts almost never invalidate a regulaton on this ground); The organic statute explicitly denies authority (but note that failure to grant
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This note was uploaded on 04/13/2009 for the course BAEN 14354 taught by Professor Morgan during the Spring '09 term at Texas A&M.

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amin law - United States Administrative Law United States...

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