Unit 1 Constitutional Issues - Agencies Flashcards
Talk about the Benzene Case
The direct holding was that findings were required for promulgation of the limitation of Benzene exposure.
But the significant issue is that the agency needs clear guidance from Congress to avoid a nondelegation issue
Whitman - Nondelegation
Intelligible principal required - permits congressional delegation of power to an agency when there is an intelligible principle provided in the statute
Can an agency define their own intelligible principle?
No, the intelligible principle must come from the enabling statute-from Congress. The agency cannot retroactively define or create their intelligible principle
Chadha and one house veto
One house veto of legislative action was unconstitutional because it violated bicameralism and presentment
Bicameralism and Presentment
Bicameralism - a bill must go through both the house and senate
Presentment - a bill must go before the president before it can be enacted
Line item Veto/Clinton
The line item veto was unconstitutional, as was the line item veto act.
President using the line item veto is effectively amending a bill, which violates bicameralism. Tension then becomes what happens when president does not want to enforce when there is no guidance from Congress
Youngstown and Executive Action
Three ebbs
1Congressional allowance, president is at his highest authority
2 Congress vague - zone of twilight and must go on powers given by constitution
3 acts against will of congress, president is at his lowest authority
Appointment re principal officers
Principle officers must be appointed by the president with the advice and consent of the Senate
Buckley re appointment
The 6 commissioners of the FEC were deemed to be principal officers, thus must be appointed by the president and senate, this can not be altered by congress or legislation
Appointment re inferior officers
Appointment of inferior officers can be delegated to
-president
-head of department
-judiciary
What factors are to be into consideration when determining an inferior or principal officer
- Whether the officer is subject to removal by a higher department official
- Whether the scope of the officers duties and jurisdiction is limited
Intricadies of separation of powers re Morrison
Congress vested appointment power in the judiciary and removal power in the attorney general, the executive. Therefore, Congress was not usurping the power for itself
Is it a violation of separation of powers for an agency to be headed by a single director not removeable by the president at will?
Yes. In this setup, where the director cannot be removed by the president, the director can act unilaterally without oversight. Additionally this violates the president’s removal powers of officers at will
Can an agency adjudicate a state law counterclaim?
Yes, with the consent of the parties, and as long as the claim is properly before the agency. (Schor)
What factors are considered when determining of an agency adjudicating a state law claim?
- the extent to which the essential attributes of judicial power are reserved by Article III courts
- the extent to which the non article III forum exercises the range of jurisdiction and powers normally vested in an article III court
- the origins and importance of the right to be adjudicated
- The concerns that drove Congress to depart from Article III courts
When does a person have a property interest in a benefit provided by the government
When the person has a legitimate claim of entitlement to the benefit, not simply an abstract need, desire, or expectation
What process is required to terminate welfare benefits?
The state must provide the recipient with a pretermination evidentiary hearing for the purpose of determining the validity of discontinuing public assistance in order to protect the recipient against an erroneous termination of his benefits
How are procedural due process requirements determined?
With a balancing test that weights
- the private interest at stake
- the risk of erroneous deprivation
- the government’s interest
