Chapter 38 - Administrative Law

Question 1

Creation of Agencies

Answer 1

• Agencies are created by Congress through “enabling legislation.”
• Experts in certain areas to help regulate.

Question 2

Administrative Procedures Act

Answer 2

• Provides how an agency’s procedures are to resolve problems fairly before going to court.
  1) Agency Procedure
  2) Agencies must act within the authority granted to the agency by Congress.
  3) Agency actions can’t be “arbitrary” or “capricious”. Needs to be reasonable and rational justification.
  4) General Rule: a person must exhaust all administrative remedies before going to court.

Question 3

FCC v. Fox Television

Answer 3

• Fleeting expletives were said on TV.
• FCC said you couldn’t do this.
• FCC switched between being strict and lenient.
• FCC could change policies because they had a rational reason per the S.C.

Question 4

Freedom of Information Act

Answer 4

• Intended to make gov’t as transparent as possible.
• If agency has a hearing, it is open to the public.
• Other gov’t info may be requested by the public.

Question 5

Privacy Act of 1974

Answer 5

• Prohibits govt’ agencies from sharing info. about you to other gov’t agencies without first obtaining consent from you.
• Some exceptions exist (i.e. criminals)