{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

ch43

West's Business Law with Online Research Guide, 9th Edition

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
ADMINISTRATIVE LAW: AN INTRODUCTION Administrative Law is the body of rules, orders, and decisions issued by administrative agencies, such as the federal Securities and Exchange Commission or a state’s public utilities commission. Enabling Legislation: Legislative action specifying the name, purpose(s), function(s), and power(s) of the agency created by the legislation. As a general rule, an agency lacks the power to act beyond the scope of its enabling legislation. Administrative Agencies: Agencies authorized by federal or state legislation to make and enforce rules to administer and enforce legislative acts ( e.g. , the Social Security Administration). Executive Agencies: Agencies formed to assist the President or, at the state level, the Governor, in carrying out executive functions ( e.g. , the Justice Department). Independent Regulatory Agencies: Agencies neither designed to aid nor directly accountable to the legislative or executive branches ( e.g. , theSecurities and Exchange Commission). Ch. 43: Administrative Law - No. 1 West’s Business Law (9th ed.)
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
AGENCY POWERS AND THE CONSTITUTION Delegation Doctrine: Article I, Section 8 of the Constitution empowers Congress to make all laws necessary for executing its specified powers. The courts have interpreted this passage as empowering Congress to establish administrative agencies and vest them with rulemaking, enforcement, and adjudicative powers. Rules vs. Statutes: While the Constitution empowers only Congress to make statutory laws, administrative agencies, to whom Congress delegates the responsibility for enforcing many of its statutory laws, are empowered to make rules , which are as legally binding as the statutes passed by Congress (and, perhaps, more likely to be vigorously enforced because the power to enforce agency rules generally lies with the same agency that made the rule in the first place, whereas the power to enforce Congressional statutes generally rests with some arm of the Executive Branch).
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern