[1] Authority of an agency Flashcards
Three Types of Authority of An Agency?
- Executive Function
- Judicial/Quasi-Judicial Functions of an Agency
- Legislative Functions of an Agency
Types of Authority
Give examples of:
- Executive functions of an agency
- Judicial/Quasi-Judicial Functions of an agency
- Legislative functinos of an agency
[1] Executive Functions of Agency
Application processing
Investigations like “sting operation
[2] Judicial/Quasi-Judicial Functions
Levying fine for non-compliance with rule.
[3] Legislative functions of agency
Rulemaking
Define: “Rule”
Promulgated articulation of public policy in legislative format
Rulemaking has the force and effect of law if
Properly follows promulgation process set forth.
Then there is bicameralism (passed by both houses) and presentment (president signature).
Define: “Law”
Passed by both houses (bimcameralism) and signed by the President (presentment).
What are the political checks on administrative agencies?
All three branches of government are checks to the authority of the administrative agency.
- Congress
- President: Through appointment of new policymakers
- Judicial Review
CONGRESSIONAL AUTHORITY OVER AGENCIES
CASE, ISSUE, RULE, OUTCOME
CASE: INS v. CHADHA
ISSUE: Legislative Veto
Attorney General is accountable to the Department of Justice and not to Congress.
FACTS: Statute provides for suspension of deportation hearing. Statute says that Attorney General can determine whether Chadha is deportable or not. Statute also sets up process where one house of Congress can pass a resolution that would change Attorney General’s determination his/her decision on deportation.
RULE: Bicameralism and presentment must be met for proposed legislation to become law. Congress cannot reserve the right to change the agency’s property authority itself.
The agency would be making a rule for the purpose of furthering the government’s policy; thereby, fulfilling the government’s interest delegating this duty.
HERE: AG’s office was delegated the authority by Congress to makea determination whether Chadha was deportable.
Agency inaction of not prosecuting Chadha was the agency action and this had the result where Chadha would be deemed a landed permanent resident because of such action.
Judicial Authority Over Agencies
Case, Issue, Rule, Result
CASE: Johnson v. Railroad Retirement Board
ISSUE: Judiciary’s authority over administrative agencies.
FACTS: Retirement board cuts off benefits for spouses and widows of railroad workers after their dependent children turn the age of 16. The Railroad Retirement Act says these benefits are guaranteed until the child is 18 years of age.
Board held that cutting off benefits was okay due to Social Security Act.
8th and 11th Circuit courts held that the board misinterpreted the statute.
Johnson challenges the court decisions.
RULE: Intra and inter-circuit acquiescence: Agency has no obligation to follow circuits.
RATIONALE: Agency says they are not obligated to follow circuit court decisions even when decision comes from their own circuit until SCOTUS rules on it.
HELD: Board not required to follow the circuit court decision because it is not a decision from their circuit. The board is located in Washington, DC.
NOTE: Litigation is only binding on parties to the litigation; claimants from two prior decisions where paid; but that is only precedent for future cases and is not binding.
AGENCY ACCOUNTABILITY AND THE PRESIDENT
CASE
CASE: HUMPHREY’S EXECUTOR V. US
FACTS: President Roosevelt removed Humphrey, appointed by President Hoover, from the FTC cause Humphrey did not support Roosevelt’s policies. Humphrey refused to resign and elected to be terminated.
ISSUE: Whether President’s unlimited power to remove executive efficers extend to those in quasi-legislative or quasi-judicial agencies?
RULE: President has power to remove Cabinet level officials (superior officers) for cause but cannot remove inferior officers accountable to superior officers.
HOLDING: President does not have authority to remove/fire inferior officers.
INDEPENDENT COUNSEL AND APPOINTMENTS
CASE I: Morrison v. Olson (Special Prosectuors)
CASE: Morrison v. Olson
FACTS: Ethics in Government Act allow appointment of independent counsel by a special court upon recommendation by the AG. Counsel investigates, prosecutes government officials for violations of federal criminal laws.
ISSUE: Was appointment of special counsel an executive branch function and infringed on executive power of removal?
RULE: Courts are allowed to have the power to appoint prosecutorial officers. Congress cannot take away executive branch right to remove. If Congress could do this, there would be no check on the bureaucracy giving them potentially excessive powers.
NOTE: No appointment clause or separation of powers problem. Special prosecutor/investigator can only be removed for cause by the Attorney General. Note that President can fire the AG if the AG doesn’t do what the President wants him to do.
INDEPENDENT COUNSEL AND APPOINTMENTS
CASE II: Free Enterprise Fund v. Public Company Accounting Oversight Board (PCAOB)
CASE: Free Enterprise Fund v. Public Company Accounting Oversight Board (PCAOB)
FACTS: Sarbanes-Oxley Legislation created the Public Copmany Accounting Oversight Board (PCAOB)
PCAOB was under SEC control and the board was appointed by the SEC. Authorized to register public accounting firms.
No rule promulgation by the board unless approved by the SEC.
President had authority to remove SEC Commissioners for cause. Chairman of the SEC served at the pleasure of the President.
SEC had appointment and removal auhtority over PCAOB.
HOLDING: Appointment was violation of Appointment Clause. President should have more authority over removal of board members.
REASONING: POTUS should have more authority because he would be restricted in his ability to remove a principal officer who was in turn restricted in his ability to remove inferior officers even though the inferior officer determined policy and enforced the laws of the US. This went against the Constitution's Separation of Powers and the POTUS could not take care that the laws be faithfully executed within the meaning of Article II.
HOW TO EXERCISE LEGISLATIVE AUTHORITY
- Rule promulgation
2. Rules have force and effect of law if administrative agency follows
