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Statutory authorization
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A statutory authority is a body set up by law which is authorized to enforce legislation on behalf of the relevant country or state. Gives the agency the power to do anything at all
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Statutory ambiguity
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When language is capable of being understood in more than one way by a reasonable person, ambiguity exists. When interpreting legislation in courts there might be vagueness in words
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Ultra vires
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beyond one's legal power or authority, for example a doctrine in the law of corporations that holds that if a corporation enters into a contract that is beyond the scope of its corporate powers, the contract is illegal
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Open records law
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The most effective way to prevent government corruption is to make the activities of public officials transparent to the American people. Federal open records laws, such as the Freedom of Information Act (FOIA), provide access to government documents and public records.
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Federal Advisory Committee act
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became law in 1972 and is the legal foundation defining how federal advisory committees operate. The law has special emphasis on open meetings, chartering, public involvement, and reporting
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Privacy act
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requires that agencies give the public notice of their systems of records by publication in the Federal Register.
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Nondelegation doctrine
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describes the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself
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Hampton & Co. v. U.S
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In a unanimous decision, the Court held that Congress, within "defined limits," could vest discretion in Executive officers to make public regulations and direct the details of statutory execution. This is an example of NonDelegation doctrine
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Tenth Amendment
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It expresses the principle of federalism, which undergirds the entire plan of the original Constitution, by stating that the federal government possesses only those powers delegated to it by the states or the people
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NLRB v. Jones & Laughlin steel
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declared that the Wagner act was constitutional. It effectively spelled the end to the Court's striking down of New Deal economic legislation, and greatly increased Congress's power under the Commerce Clause. This requires congress to be essential or appropriate to protect that commerce from burdens and obstructions
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Legislative veto
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Congress can veto an action of a legislative agency, an example of this is INS vs Chadha which was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers
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INS v. Chadha
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United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.
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Administrative Procedure act
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United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations.
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Freedom of Information act
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a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. (law that gives you the right to access information from the federal government)
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Fourth Amendment
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prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause
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Strict Scrutiny
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a form of judicial review that courts use to determine the constitutionality of certain laws. When a very important right is being threatened like free speech. The solution to the problem has to minimize the scope of what government is trying to do.
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Equal Protection Clause
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The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws
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Substantive Due Process
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a principle which allows federal courts to protect certain fundamental rights from government interference under the authority of the due process clauses of the Fifth and Fourteenth Amendments to the Constitution
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Procedural due Process
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Principle required by the Constitution that when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard.
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Camara v. Municipal Court
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a United States Supreme Court case that overruled a previous case (Frank v. Maryland) and established the ability of a resident to deny entry to a building inspector without a warrant.
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