Admin Law- Exam 1 Study Guide

Admin Law- Exam 1 Study Guide - Admin Law Study Guide, Exam...

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Unformatted text preview: Admin Law Study Guide, Exam 1 Short Answer Statutory Authorization: government agencies derive their authority from statutes enacted by legislatures and they must rely on specific statutory grants of authority. They often have tremendous discretion and are required to make regulations that serve the public interest. (ex: EPA- Clean Air Act) Federal Trade Commission Act creates the Federal Trade Commission and outlines their powers. Nondelegation Doctrine: delegation doctrine- the framers did not want anyone outside of congres to have the ability to write laws. We delegated our sovereignty to representatives to pass laws on our behalf; once you delegate this power to the legislature, they cannot turn around and delegate it to someone else. This comes from John Locke and a business contract. Hampton and Co v US (1928): Tariff Act of 1922 placed a tax on incoming goods. Congress didn’t have the time to do every tariff, so it delegated it to a committee. Problem is that a tariff is policy and policy is law. Hampton & Co doesn’t want/think it should pay the tax bc it violates Article 1, Section 1. Case goes to the Supreme Ct; decides that Congress has to lay down an intelligible principle, which is something to guide the agency making the rules. In this case it was the equation to determine the cost of the tariff [T= C(f)- C(d)]. Tenth Amendment: Reserves to the states powers not delegated to the federal government. It was adopted to allay fears that the national government might attempt to exercise powers not granted by the Constitution and thereby encroach on the powers of the states. Power is reserved to the states as long as it isn’t given to the federal government. NLRB v Jones & Laughlin Steel (1937): Court upheld the National Labor Relations Act of 1935, which guaranteed the right of industrial workers to unionize and bargain collectively with management. Chief Justice Hughes took note of the “intimate relation which a manufacturing industry may have to interstate commerce…” Substantial relationship test- if there is any constitutional challenge on commercial authority based on the 10 th amendment it doesn’t matter if it is interstate commerce it can be regulated. It gives the government the power to regulate commerce. This makes a government that can regulate anything. Legislative Veto: A statutory provision under which a legislative body is permitted to overrule a decision of an executive agency. This allowed one house of Congress to invalidate agency rules by action other than a legislative enactment. Proponents claim it provides for agency by action other than a legislative enactment....
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This note was uploaded on 07/26/2011 for the course PLSC 4163 taught by Professor Kelley during the Spring '11 term at Arkansas.

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Admin Law- Exam 1 Study Guide - Admin Law Study Guide, Exam...

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