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Agency
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An official government body empowered with the authority to direct and supervise the implementation of particular legislative acts.
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Where do agencies exist?
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Local, State, and Federal Government
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Where do agencies come from?
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Congress
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Where does agencies powers come from?
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The Federal Government
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What do agencies do?
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-Set standards.
-Make rules and regulations.
-Prosecute those who violate their rules and regulations.
-Make decisions on actions.
-Investigate complaints.
-Make rules and regulations.
-Prosecute those who violate their rules and regulations.
-Make decisions on actions.
-Investigate complaints.
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Administrative Law
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A body of law developed to control and administer an agencies behaviors and functions.
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What does Admin. Law do?
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-DEFINES the legal powers of agency.
-Tells an agency how it can USE those powers.
-Puts LIMITATIONS on those powers.
-Dictates PROCEDURES of an agency.
-Tells an agency how it can USE those powers.
-Puts LIMITATIONS on those powers.
-Dictates PROCEDURES of an agency.
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What is the first source of Admin. Law? and What's the "catch"?
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The Constitution, however, the Constitution does not mention admin. law or agencies.
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What are the 4 sources of Admin. Law?
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-Constitution
-Enabling Act
-Admin. Procedures Act
-Executive Order
-Enabling Act
-Admin. Procedures Act
-Executive Order
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Enabling Act
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The statute that creates the agency.
-Sets forth the authority of agency, responsibilities of agency, empowers agency, sets restraints or limitations on agency.
-Sets forth the authority of agency, responsibilities of agency, empowers agency, sets restraints or limitations on agency.
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Administrative Procedures Act
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Federal statute that governs the way federal agencies work.
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Executive Order
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Written, signed, and published directive from the president.
-Occasionally used to create agencies
-Same effect as a statute but they are not law
-Occasionally used to create agencies
-Same effect as a statute but they are not law
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Agency Names
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Departments, Commissions, Bureaus, Consuls, Services
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Why do we need agencies?
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The role/responsibilities of government got too big for existing 3 branches of government. Agencies are EXPERTS in their field.
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Types of Agencies (2)
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Executive & Independent
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Executive Agencies
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Part of the Executive Branch of government. Fall under control of the president. Nominated by the president, appointed by senate. Top 15 executive agencies make up the president's cabinet. Head of agency is called secretary and can be removed for any reason the president decides.
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Independent Agencies
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Do not fall under control of the president. Not included in cabinet. Head of agency called commissions. Members on board can only be removed for just cause. Nominated by the president, appointed by the senate.
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Social Welfare Agencies
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-Administer/provide assistance
-Promote the welfare of the people
-Distribute funds
-Promote the welfare of the people
-Distribute funds
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Regulatory Agencies
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Regulate certain areas of public and private interest.
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Public Service Agencies
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Provide a service to the public.
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Democracy
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A form of government in which the citizens vote on all issues.
Modern Definition: Accountability
Modern Definition: Accountability
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Democratic Republic
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The people vote for representatives and in turn the representatives vote on the issues.
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Federalism
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A form of government in which there is division between the federal and state governments.
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Horizontal Division of Authority
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The power is divided equally i.e., the three branches of government.
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Tenth Amendment (X)
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The powers not given to the federal government are reserved for the states.
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Necessary and Proper Clause (Article 1, section 8)
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Empowers congress to make any laws necessary for carrying into execution its other powers. Gives legislative branch power to make laws. This section gives congress the authority to create agencies.
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Supremacy Clause (Article VI)
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Federal Law shall preempt/trump state and local law. Federal Law is the supreme law of the land.
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The Commerce Clause
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Gives federal government the power to regulate interstate commerce. Business between states.