administrative law chapters 1-3

a written law of a legislative body

opinion issued by an agency upon request that offers the agency's interpretation of law or asserts the agencies policy, practice or procedures

administrative equivalent of judicial declaratory judgment. An agency may issue a dc to terminate a controversy or remove uncertainty.

granting permission to engage in or practice certain professions, occupations or trades

a federal system that recognizes both federal and state governments but where state authority is limited to those authorities not exercised by the federal government or reserved to the people.

a rule that a state must not excessively burden interstate commerce even if congress has not regulated the subject

pursuant to the supremacy clause, some subjects may be exclusively federal even though concurrent jurisdiction initially existed because of their national character

an administrative agency whose head answers to the president and may be disciplined or terminated at the presidents will

administrative agencies responsible for proscribing or requiring certain behavior or determining compliance with e law, and prosecuting those who violate the law

administrative agencies that provide special, non redistributive service such as research

process of having a neutral third party intervene in a dispute in an attempt to assist the parties in reaching a resolution

administrative agencies responsible for promoting the general welfare of people. often includes cash or services for people who qualify

congress has power to regulate interstate commerce, commerce with foreign nations and commerce with Indian tribes

the division of governmental power into three branches, executive, legislative and executive

an intergovernmental model that describes a relationship between federal government and state governments that is characterized by close collaborative relations and a common objective, and a lessened focus on legal jurisdictional boundaries

the division of governmental power between the federal government and state governments

the authority of government to regulate for the public welfare. usually held by state government

executive prerogative to remove individual expenditures from an approved budget

an administrative agency that is to some degree independent of the president

a federal system of government where both the federal and state governments are sovereign with different and occasionally concurrent jurisdiction

a mechanism used by congress to invalidate agency action that falls short of the constitutional method of making law

the authority to set the rates that may be charged by member of certain industries, such as utilities

may enact all laws necessary and proper to carry out congress' other enumerated powers

acting outside the scope or legal limits. an agency that exceeds its statutory mandate acts this way

provided that properly enacted federal laws are superior to all state and local laws

process of having the parties to a dispute preset their evidence and arguments to a neutral third party for decision.