Administrative law and process Flashcards

1
Q

U.S. constitution

A

First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches
Second, it divides power between the federal government and the states.
Third, it protects various individual liberties of American citizens

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2
Q

Federal powers

A

To lay and collect taxes; pay debts and borrow money; regulate commerce; coin money; establish post offices; protect patents and copyrights; establish lower courts; declare war; and raise and support an Army and Navy

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3
Q

Regulate commerce

A

Provides that the Congress shall have the power to regulate interstate and foreign commerce

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4
Q

Levy taxes

A

Levy is a required or collected fee or tax. An example of levy is sales tax

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5
Q

Bill of rights limitations

A

You cannot shout “fire” in a crowded theater, cannot use speech meant to “incite an immediate breach of the peace” or to incite an imminent lawless action, obscenity and child pornography are limited (although subject to subjective standards) and deliberately “false statements of fact”

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6
Q

Equal protection limitations

A

It limits only the powers of government bodies, and not the private parties on whom it confers equal protection

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7
Q

State rights limitations

A

No state can ally with another country; make war; make their own money; allow private boats and vessels to catch and arrest enemy ships; or issue their own bills for credit.

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8
Q

Due process limitations

A

Limits the exercise of such authority. No state or federal court may exercise jurisdiction in a manner that would deny a defendant the fundamental rights of due process

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9
Q

State powers

A

So long as their laws do not contradict national laws, state governments can prescribe policies on commerce, taxation, healthcare, education, and many other issues within their state

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10
Q

Police power

A

The inherent power of a government to exercise reasonable control over persons and property within its jurisdiction in the interest of the general security, health, safety, morals, and welfare except where legally prohibited

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11
Q

Taxation

A

To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the U.S.

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12
Q

State power limitations

A

States cannot form alliances with foreign governments, declare war, coin money, or impose duties on imports or exports

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13
Q

U.S. constitution Supremacy clause

A

It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions

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14
Q

State constitution

A

The statement of basic principles and highest laws of a state

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15
Q

Local government authority

A

To determine and execute measures within a restricted area inside and smaller than a whole state

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16
Q

Home rule power

A

Home rule refers to the authority of a constituent part of a U.S. state to exercise powers of governance delegated to it by its state government

17
Q

Express authority

A

The authority which the principal has expressly given to the agent whether orally or in writing

18
Q

Implied authority

A

An agent’s power to act on behalf of a principal, intentionally granted by the principal as a result of the principal’s conduct, but without an express agreement

19
Q

Consequences of exceeding authority

A

The principal is liable to indemnify the agent for payments made by agent under the agency during the course of the relationship

20
Q

Delegation process

A

Choose appropriate task, choose appropriate person, set clear objects and plan, implement, monitor, evaluate or review

21
Q

U.S. congress

A

Is the legislature of the federal government

22
Q

Committee and subcommittee

A

A subdivision of the U.S. congressional committee that considers specified matters and reports back to the full committee

23
Q

U.S. congress parts

A

House and senate, committees and subcommittees, commissions

24
Q

State legislature parts

A

Upper and lower house, unicameral, committees and subcommittees, commissions

25
Q

Legislative district

A

Are areas from which members are elected to state or equivalent entity legislatures

26
Q

Legislative process

A

First, a representative sponsors a bill. The bill is then assigned to a committee for study. If released by the committee, the bill is put on a calendar to be voted on, debated or amended. If the bill passes by simple majority, the bill moves to the Senate.

27
Q

Introduction of bills

A

Any member in the House of Representatives may introduce a bill at any time while the House is in session by simply placing it in the “hopper” at the side of the Clerk’s desk in the House Chamber

28
Q

Committee hearing

A

Hearings are a method by which committee members gather information

29
Q

Environmental protection agency

A

Protects people and the environment from significant health risks, sponsors and conducts research, and develops and enforces environmental regulations

30
Q

Department of health, education and welfare

A

Mandated that educational institutions provide equal opportunity to men and women in athletic programs

31
Q

Department of agriculture

A

Provide leadership on food, agriculture, natural resources, rural development, nutrition, and related issues based on public policy, the best available science, and effective management

32
Q

Department of housing and urban development

A

Administers programs that provide housing and community development assistance

33
Q

Department of labor

A

To foster, promote, and develop the welfare of the wage earners, job seekers, and retirees

34
Q

Occupational safety and health administration

A

Assures safe and healthful working conditions by setting and enforcing standards, and by providing training, outreach, education and assistance

35
Q

Department of interior

A

Manages public lands and minerals, national parks, and wildlife refuges and upholds Federal trust responsibilities to Indian tribes and Native Alaskans

36
Q

Department of public health

A

To educate individuals and communities to make informed healthy decisions

37
Q

Health systems agency

A

Carry out health planning activities for a specific health service area