B judicial review requires 2 elements i agency has

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b. Judicial Review requires 2 elements: i. Agency has issued a final order in the case. ii. Doctrine of exhaustion of administrative remedies is satisfied. This doctrine is that a party can appeal to the courts only after having taken the case through all possible administrative procedures and appeals. NOTE: A court reviewing an administrative agency’s action (rulemaking or adjudicatory) can typically only overturn the action if the action was arbitrary and capricious (“arbitrary and capricious” test – an action is arbitrary and capricious if there is no rational basis for the action), unconstitutional, violative of statutory authority or agency procedural rules, or if there was an abuse of discretion. XX. Ethics Discussion Facts: After Dave Conley died of lung cancer, his widow filed for benefits under the Black Lung Benefits Act. To qualify for benefits under the act, she had to show that exposure to coal dust was a substantial contributing factor to her husband’s death. Conley had been a coal miner, but he had also been a longtime smoker. At the benefit’s hearing, a physician testified that coal dust was a substantial factor in Conley’s death. No evidence was presented to support this conclusion, however. The administrative law judge awarded benefits. Discussion: On appeal, should a court defer to this decision? Holding: In Conley v. National Mines Corp., 595 F.3d 297 (6th Cir. 2010), the Sixth Circuit Court of Appeals upheld a Benefit’s Review Board reversal of the administrative law judge’s decision. Constitutional Law I XXI. Key Constitutional Provisions – Federal Enumerated Powers Rule: Congress can exercise powers enumerated in the Constitution plus all auxiliary powers necessary and proper to carry out all powers vested in the federal government. Article I, Section 8, Clause 1 – Taxing/Spending Power: “The Congress shall have Power To lay and collect Taxes” as well as to “provide for the common Defence and general Welfare of the United States.” Article I, Section 8, Clause 3 – Commerce Clause
Article I, Section 8, Clauses 11, 12, 13, 14 and 15 – War Powers Clause 11: “To declare War.” Clause 12: “To raise and support Armies.” Clause 13: “To provide and maintain a Navy.” Clause 14: “To make Rules for the Government and Regulation of the land and naval Forces.” Clause 15: “To provide for calling forth the Militia to execute the Law of the Union, suppress Insurrections and repel Invasions.” War Powers Resolution of 1973: Requires the President of the United States to notify Congress within 48 hours of military action involving the United States Armed Forces. It also requires a congressional authorization to use military force (AUMF) or a declaration of war in cases where armed forces are utilized in a military action for more than 60 days (with a 30-day withdrawal period included).

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