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

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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.)
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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). Ch. 43: Administrative Law - No. 2
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