Chapter 11: An Intro to Agencies

Question 1

Agency (def)

Answer 1

Each authority of the Government of the U.S. not including Congress, the courts, state governments, or POTUS.

Question 2

Independent Agencies (def)

Answer 2

Headed by members of both parties serving terms (less subject to POTUS influence)

Question 3

Independent Agency (ex)

Answer 3

Securities and Exchange Commission, Federal Trade Commission, Federal Election Commission.

Question 4

Executive Agencies (def)

Answer 4

Headed by individuals (secretaries) that POTUS appoints.

Question 5

Executive Agency (ex)

Answer 5

Environmental Protection Agency, Social Security Administration, and Small Business Administration.

Question 6

Departments (def)

Answer 6

Largest and most influential executive agencies. Have sub-agencies.

Question 7

Departments (ex)

Answer 7

Commerce Department, Justice Department, Department of Education, and DHS.

Question 8

Sub-Agency (ex)

Answer 8

Fish and Wildlife Service, National Parks Service, Bureau of Indian Affairs.

Question 9

Cabinet (def)

Answer 9

Collective heads of departments.

Question 10

Formalism (broad belief)

Answer 10

Maintain 3 distinct branches of government, each with delegated powers.

Question 11

Formalism (SoP rule)

Answer 11

Judiciary: 1. a judge will identify the power being exercised. 2. they will determine if it is being exercised by the correct branch.

Question 12

Formalism (SoP violation)

Answer 12

A branch violates SoP if it exercises a power that is not constitutionally delegated to it.

Question 13

Formalism (overlap)

Answer 13

Only allowed when constitutionally prescribed.

Question 14

Functionalism (broad belief)

Answer 14

Balancing overlap of powers to preserve core functions of branches.

Question 15

Functionalism (Judiciary)

Answer 15

Makes and interprets law.

Question 16

Functionalism (SoP violation)

Answer 16

When one branch unduly encroaches and aggrandizes a core function of another.

Question 17

Functionalism (SoP rule)

Answer 17

Tripartite system: each branch has its core function but overlaps. The cores must be kept separate and not grow at the expense of another.

Question 18

Functionalism (overlap)

Answer 18

Necessary and even desirable.

Question 19

Delegation (agencies)

Answer 19

Enforce and make law (regulations) in areas delegated to them by Congress or states.

Question 20

Delegation (Congress’s role)

Answer 20

To place boundaries on authority.

Question 21

Delegation (3rd parties)

Answer 21

Unconstitutional

Question 22

Agencies (function)

Answer 22

Regulate private conduct, administer entitlement programs, collect taxes, etc. Adjudication, creation of rules, and investigation.

Question 23

Agency Adjudication (Overview)

Answer 23

Congress may authorize this power.

Question 24

Agency Adjudication (Trial)

Answer 24

Like a civil trial but 1. takes place before a administrative law judge, and 2) evidence rules are different. Still subject to judicial review.