Exam 1 Flashcards
Independent Regulatory Commission
A federal agency created by Congress to regulate specific industries and operate independently of the executive branch.
Are Independent Regulatory Commissions Partisan or Nonpartisan
Nonpartisan
What is an example of an Independent Regulatory Commission?
Federal Trade Commission
When was the populist era?
1880-1896
What did the populist era want to do?
A period focused on returning power to the common people, particularly farmers and laborers.
What happened during the populist era?
It was the first time the government had economic regulations
What were some acts passed during the progressive era
Interstate Commerce Act
Sherman Antitrust act
What was the non-delegation Doctrine?
The principle that Congress cannot delegate its legislative power to agencies without clear guidelines.
What did Hampton and Co v. U.S. do?
allowed congress to delegate power as long as it is intelligible principle
What does the 10th amendment state?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
what is federalism and how does it apply to the 10th amendment?
Federalism is when two governments share legal jurisdiction (state, Federal)
What impact did NLRB v. Jones and Laughlin Steel 1937 have on the 10th amendment?
It weakened the 10th amendment because it gave congress power to rule labor relations instead of the states
what is legislative veto?
A mechanism where Congress could override agency decisions without passing a new law.
what is the intelligible principle?
A standard Congress must provide when delegating powers to agencies.
What is substantive due process?
The principle that laws must protect fundamental rights and not be overly broad or arbitrary.
Statutory Authorization
a law congress passed giving an agency the legal authority to do something
What is the Chevron two step?
It determines when courts should defer to administrative agencies’ interpretations of ambiguous statutes
how many people does the executive office of the president have?
3,000-4,000
what does the executive office of the president do?
Serves as a mini bureaucracy to help keep tabs on the big bureaucracy
What are the different sources of law?
constitution, common law precedent, statutes (laws passed by legislation), agency rules
what are the who and where’s of administrative law?
executive departments, independent regulatory commissions, quasi independent agencies
what is fuzzy legislation?
legislation that contains vague provisions and allows agencies to exercise considerable amounts of discretionary authority when implementing it.
what are the different era of governmental growth?
populist era, progressive era, Great Depression and world war 2, great society and civil rights, era of regulation
what did Hampton & co v. U.S. do?
SCOTUS ruled that delegation is constitutional if Congress provides an “intelligible principle” to guide agencies.
