Chapter 11 Flashcards
What is one primary responsibility of administrative agencies?
To create and enforce rules and regulations that bind the public.
What constitutional basis supports Congress’s authority to create administrative agencies?
The Constitution implicitly allows Congress to create “departments of an executive nature” and provides Congress with legislative powers and the authority to establish offices and roles.
In what way can Congress exert control over administrative agencies by prescribing the procedures agencies must employ when exercising delegated powers?
By requiring or authorizing the use of alternative or substitute procedural mechanisms to subject agencies’ actions to increased transparency and public accountability.
What nonstatutory tool does Congress have to influence and control agency action?
Investigative oversight: allows Congress to uncover and publicize agency abuse of authority or maladministration.
According to the nondelegation doctrine, what limitation is imposed on the Congress’s power to delegate its legislative authority to administrative agencies?
Congress cannot delegate any of its legislative powers to executive agencies or private entities.
When creating a federal agency, which of the following is NOT an action that Congress may take, subject to certain constitutional considerations?
Providing for an agency official to be removed without cause at any time.
According to the federal Administrative Procedure Act (APA), what entity would not qualify as an “agency”?
A panel of nongovernmental consultants who advise an agency but do not make binding decisions.
Why does Congress delegate rulemaking authority to administrative agencies?
To allow the agencies to fill in technical details in programs created by Congress due to their expertise.
What is one limitation on Congress’s ability to delegate authority to a federal agency?
The nondelegation doctrine, which limits the extent to which Congress may bestow legislative authority on other entities, including the executive branch.
