After the court’s decision in Morrison v. Olson, Congress’s power to restrict presidential removal depends on whether the officer is engaged in purely executive functions.
The Appointments Clause provides for the appointment of Officers of the United States by the President with Senate confirmation or, for inferior officers when specified by Congress, by the President alone, by a department head, or by the courts of law.
What is the name of your professor?
Administrative law derives mainly from five sources. The first two are the Constitution and the Administrative Procedure Act. All of the following are other sources, except:
A _______ rights dispute is a dispute between two private parties.
The “administrative state” as we know it today originated with the creation of the Interstate Commerce Commission in 1787. Agencies and administrative law did not exist before 1787.
For agency adjudication of private rights to be constitutional, there must be effective judicial review, and the essential attributes of judicial power must remain in the courts.
This theory holds that because the Constitution vests all executive power in the President, any attempt by Congress to insulate officials and agencies from complete presidential control is suspect and probably unconstitutional.
The ______________ doctrine holds that Congress may not delegate its legislative power to the President, an agency, or any entity inside or outside of government.
The Constitution directly mentions the “separation of powers.”
The public _______ analysis of administrative law analyzes regulation from the perspective of the public policy goals sought to be achieved such as cleaning the air and water, preventing abusive business practices, and producing an optimal level of public goods.
Which one of the following types of agencies is not located within any department and are not considered under the direct supervision of the President?
Administrative agencies perform a wide variety of functions including distributing benefits, licensing and regulating numerous businesses and industries, granting permits for a wide variety of activities, and making and enforcing health and safety rules.
Much of administrative law involves a struggle among Congress, the President, and even the federal courts to control the administrative process.
The National Industrial Recovery Act, which granted the President broad powers to regulate the economy during the Great Depression, was the first statute declared to violate this doctrine.
A _______ rights dispute is a dispute between the government and a private party.
The author of our textbook explains that “…it is impossible to capture the constitutional principle of separation of powers in any simple formula.” Then, he proceeds to provide a framework of four elements that may help analyze the range of separation of powers problems. List the four elements.
Under this method, Congress reserved the power to reject agency action with a vote, depending on the particular provision, of both houses of Congress, by one house of Congress, or in some cases even by a single congressional committee.
Congress has institutionalized its oversight rule by establishing the _________________ and granting it broad power to oversee agencies.
The textbook cites Federalist No. 47, written by James Madison. Madison explains the importance of separation of powers in a famous quote. What is that quote?
Administrative law is the branch of law that regulates the exercise of authority by officials and agencies executing the law under authority granted by the legislature.
The public _______ analysis of administrative law analyzes regulation from the perspective of the political forces that result in regulation and the structure of agencies, such as how narrow but organized interests seem to capture the attention of agencies while unorganized broad interests such as the public at large have difficulty advancing their interests in the administrative process.
Except for Senate confirmation and removal under the impeachment process, Congress may not participate directly in the appointment or removal of Officers of the United States.
The Constitution creates three branches of government and assigns to each the exercise of one of the three main powers of government.
This Article of the Constitution vests the judicial power of the United States in the Supreme Court and in lower federal courts as established by Congress, which are staffed by judges with life tenure and protected compensation.