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Administrative Law Flashcards

2.13 2.14 2.15

0 min read
Posted on 
May 22nd, 2023
Home Administrative Law Flashcards 2.13 2.14 2.15
question
Independent Regulatory Agencies
answer
Enforce industry-specific laws
Could have a director or a board with a chairperson
Staggered terms mean no ONE president can appoint too many
Are appointed and confirmed, but CANNOT be removed by President i.e. independent

Congress allows the agency to create some of the procedures and regulations as Congress can not keep up with all of the changing agencies. Power towards regulatory agencies changes over time.
question
Bureaucracy Rule Making
answer
bureaucracies are consistently looking to create new rules and redefine old ones. News ones get created by new technology or societal needs as well. With the rise of Social Media, the Federal Elections Commission is addressing new rules on political advertisements that are online in general.
question
Administrative Procedures Act
answer
federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making by agencies

It makes it so the rule-making process is transparent, fair, and formalized. Also assures a formal way for businesses and people affected by the new rule to have some say in it.
question
Why does Congress delegate authority to the bureaucracy?
answer
One of the reasons could be to kind of point blame towards the department versus at themselves when the regulation is unpopular. Like having to close a factory on the basis of safety violations.
question
Quasi-Legislative power of Bureaucratic agencies
answer
act just like a legislative bodies when issuing policies, which have the effect of law.
question
Quasi-Judicial power of Bureaucratic agencies
answer
act like a judge when enforcing penalties for violating regulations
question
Compliance monitoring
answer
making sure firms and companies subject to regulations are following those standards and provisions
question
Delegated Discretionary Authority
answer
The extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws.
question
Oversight
answer
Supervision and investigations by committees
question
Power of the Purse
answer
Constitutional power given to Congress to raise and spend money, Must be passed by a committee or subcommittee has authorization of spending measures.
question
Committee Hearings
answer
For example, Hose and Senate committees hold oversight hearings to address agency action or inaction or their relationship with the agency. To discuss what the agency has done or hasn't done. Agencies a lot of times have matching committees and sub-committees. It connects the agencies and departments to Congress and the bureaucrats.
question
Legislative Authority
answer
Pass laws to limit or terminate an agency
question
Regulatory and Review Process
answer
Under this, all regulations that have a large effect on the economy, public health, and other major and important aspects of policy undergo close review. Then regulations that go against the president's policy views may be revised and even eliminated.
question
Policy Goals and Streamlining
answer
Reorganizing agencies
Restructuring goals
Reducing redundancies
question
Why do some groups have little oversight?
answer
They need high security.
Ex. CIA, FBI, NSA
question
Deregulation
answer
The government bureaucratic group decides to reduce the government's role by relaxing policy enforcement or Congress simply changes laws

Positive results: elimination of bureaucracy, promotes competition, measurable standards
Negatives: Promotes maybe lower quality of some gov services like airlines, maybe looser policies can have negetive effects with the little amount of info on some drugs. Like Thalidomide.
question
Legislative Veto
answer
Created to control Executive Agencies. It is a requirement that certain agency decisions must wait for a defined period of either 30 or 90 days. Really it is a way for Congress to stop what an agency is doing or does. The Constitutionality of it was questioned in court. The got ruled it was only for the President and not the legislative branch.
question
"Going Native"
answer
Sometimes presidents and the Executive can set goals that are too difficult to achieve. So an appointed bureaucrat may decide to go native". This basically means siding with his or her own department or agency instead of siding with the President. A risky move.
question
Whistle Protection Blower Act
answer
Prohibits a federal agency from retaliating against or threatening an employee who has disclosed acts that he or she believes were illegal or dishonest.
question
Chevron deference
answer
Agencies can not only determine the law but can also change the interpretation at any time
question
U.S. Circuit Court of Appeals
answer
the courts where parties who are dissatisfied with the judgment of a U.S. District court may take their case
1 of 21
question
Independent Regulatory Agencies
answer
Enforce industry-specific laws
Could have a director or a board with a chairperson
Staggered terms mean no ONE president can appoint too many
Are appointed and confirmed, but CANNOT be removed by President i.e. independent

Congress allows the agency to create some of the procedures and regulations as Congress can not keep up with all of the changing agencies. Power towards regulatory agencies changes over time.
question
Bureaucracy Rule Making
answer
bureaucracies are consistently looking to create new rules and redefine old ones. News ones get created by new technology or societal needs as well. With the rise of Social Media, the Federal Elections Commission is addressing new rules on political advertisements that are online in general.
question
Administrative Procedures Act
answer
federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making by agencies

It makes it so the rule-making process is transparent, fair, and formalized. Also assures a formal way for businesses and people affected by the new rule to have some say in it.
question
Why does Congress delegate authority to the bureaucracy?
answer
One of the reasons could be to kind of point blame towards the department versus at themselves when the regulation is unpopular. Like having to close a factory on the basis of safety violations.
question
Quasi-Legislative power of Bureaucratic agencies
answer
act just like a legislative bodies when issuing policies, which have the effect of law.
question
Quasi-Judicial power of Bureaucratic agencies
answer
act like a judge when enforcing penalties for violating regulations
question
Compliance monitoring
answer
making sure firms and companies subject to regulations are following those standards and provisions
question
Delegated Discretionary Authority
answer
The extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws.
question
Oversight
answer
Supervision and investigations by committees
question
Power of the Purse
answer
Constitutional power given to Congress to raise and spend money, Must be passed by a committee or subcommittee has authorization of spending measures.
question
Committee Hearings
answer
For example, Hose and Senate committees hold oversight hearings to address agency action or inaction or their relationship with the agency. To discuss what the agency has done or hasn't done. Agencies a lot of times have matching committees and sub-committees. It connects the agencies and departments to Congress and the bureaucrats.
question
Legislative Authority
answer
Pass laws to limit or terminate an agency
question
Regulatory and Review Process
answer
Under this, all regulations that have a large effect on the economy, public health, and other major and important aspects of policy undergo close review. Then regulations that go against the president's policy views may be revised and even eliminated.
question
Policy Goals and Streamlining
answer
Reorganizing agencies
Restructuring goals
Reducing redundancies
question
Why do some groups have little oversight?
answer
They need high security.
Ex. CIA, FBI, NSA
question
Deregulation
answer
The government bureaucratic group decides to reduce the government's role by relaxing policy enforcement or Congress simply changes laws

Positive results: elimination of bureaucracy, promotes competition, measurable standards
Negatives: Promotes maybe lower quality of some gov services like airlines, maybe looser policies can have negetive effects with the little amount of info on some drugs. Like Thalidomide.
question
Legislative Veto
answer
Created to control Executive Agencies. It is a requirement that certain agency decisions must wait for a defined period of either 30 or 90 days. Really it is a way for Congress to stop what an agency is doing or does. The Constitutionality of it was questioned in court. The got ruled it was only for the President and not the legislative branch.
question
"Going Native"
answer
Sometimes presidents and the Executive can set goals that are too difficult to achieve. So an appointed bureaucrat may decide to go native". This basically means siding with his or her own department or agency instead of siding with the President. A risky move.
question
Whistle Protection Blower Act
answer
Prohibits a federal agency from retaliating against or threatening an employee who has disclosed acts that he or she believes were illegal or dishonest.
question
Chevron deference
answer
Agencies can not only determine the law but can also change the interpretation at any time
question
U.S. Circuit Court of Appeals
answer
the courts where parties who are dissatisfied with the judgment of a U.S. District court may take their case

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