Administrative lawLesson 1 of 1 in the course Administrative agencies

Administrative Agencies: Authority, Oversight, Organization, and History

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

The administrative state describes the role and authority of government agencies in modern governance. This lesson introduces the concept and examines two major sources of agency power: delegated lawmaking and judicial deference.

An administrative state exists where government agencies exercise significant authority to make rules, interpret laws, and enforce them. Agencies often develop specialized expertise in areas such as transportation, finance, health, and the environment. Their role has become an important subject in political science, constitutional law, and public administration.

All flashcards

Administrative state
A system in which government agencies exercise significant authority to make rules, interpret laws, and enforce them.
Legislative delegation
A legislature's authorization for another entity, often an agency, to exercise a specified governmental function.
Nondelegation
The principle that one branch cannot authorize another entity to exercise powers assigned to itself.
Judicial deference
A standard of review in which a court gives weight to an agency's interpretation of a law.
Civil service control
An arrangement in which agency leaders are appointed from within the career bureaucracy.

Quiz questions

  1. What did the U.S. Administrative Procedure Act of 1946 establish for federal agencies?Answer: Standard guidelines for agency decision-making and regulatory action.
  2. Which category includes both individual due-process protections and opportunities for public participation in agency rulemaking?Answer: Procedural rights.
  3. What did the U.S. Supreme Court hold in Vermont Yankee Nuclear Power Corp. v. NRDC (1978)?Answer: Courts may not add procedural requirements beyond those required by law.
  4. Under executive control, how are agency leaders generally selected or removed?Answer: Executive officials generally appoint or remove them, subject to legal limits.
  5. The U.S. Securities and Exchange Commission registers FINRA as a self-regulatory organization. What must happen before FINRA's rules take effect?Answer: The SEC must approve the rules.

Based on the Wikipedia article Administrative state, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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