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administrative law
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the body of law that defines the limitations, powers, and procedures of administrative agencies
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quasi-legislative
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the power given to agencies to enact rules and regulations without having the constitutional authority to do so
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quasi-judicial
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the power given to agencies to interpret disputes by creating tribunals/administrative courts to adjudicate disputes
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enabling laws
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laws that create agencies and sets forth the responsibilities/authority of that agency
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APA (administrative procedures act)
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the law governing the procedures agencies must use in the performance of their functions
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executive orders
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a lawfully issued order that comes from the president and has the effect of a statute
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signing statements
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a signed sworn statement of the president's opinion on a law
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proclamations
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announcements made by the president with little legal significance
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social welfare agency
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agencies responsible for promoting the general welfare of people
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regulatory agency
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agencies that are responsible for prescribing/requiring certain behavior, determining compliance with the law, and prosecuting (and punishing if necessary) those who violate it
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public service agency
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agencies that provide services to the public with little to no regulatory powers
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cabinet level department
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agencies that serve the pleasure of the president
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independent executive agency
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agencies that are independent of a cabinet department
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independent regulatory board/commission
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agencies that do NOT serve the pleasure of the president
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special courts
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courts NOT authorized by the constitution
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direct democracy
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direct participation of citizens in decision making
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indirect democracy
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indirect participation of citizens, through chosen representatives, in decision making
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republic
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the authority to govern is in the hands of the people and is exercised through representatives
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democracy
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accountability in government
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constitution
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an instrument of fundamental/extraordinary law
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federalism
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the division of authority between the two governments (federal and state)
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separation of powers
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the division of all governmental entities into three branches: legislative, judicial, and executive
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supremacy clause
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states that all properly enacted federal laws are supreme to state/local laws
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necessary and proper clause
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states that congress may enact all laws necessary and proper to carry out its enumerated powers
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commerce clause
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states that congress has the power to regulate all interstate commerce, commerce with foreign nations, and commerce with Indian tribes
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preemption doctrine
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if federal law preempts state law, the state law is invalid
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concurrent jurisdiction
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where the federal and state government coregulate
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dormant commerce clause
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states that states may NOT excessively burden interstate commerce, even if the area is NOT regulated by federal law
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judicial review
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the power of the courts to declare laws unconstitutional
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formal actions
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actions that fall within the prescribed procedures as dictated by legislation/court rulings/agency rules and regulations
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informal actions
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actions NOT governed by statute
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adjudication
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formal quasi-judicial action
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rule making
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formal quasi-legislative action
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discretion
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the authority to chose between 2+ options
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administrative discretion
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the exercise of professional expertise or judgment, as opposed to strict adherence to regulations/statutes, in decision making/performing official duties/acts
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chevron doctrine
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courts must follow lawful agency interpretations
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prosecutorial/enforcement discretion
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executive agencies performing law enforcement functions
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rule making and policy discretion
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agencies empowered by congress to promulgate regulations in areas congress as NOT directly addressed in order to further the agency's mandate
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ultra vires
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agency exceeding its statutory authority
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claims and applications discretion
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each agency has the right to determine its processing methods of claims and applications
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protective actions
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agencies charged with the protection of the health/safety/economic well-being of individuals and the public
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test and inspection discretion
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agencies often establish testing/inspection requirements
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advisory order
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opinions issued by the agency on its interpretation of the law or assessing the agency's public policy/practices/procedures
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declaratory order
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written to resolve questions of the law that have arisen but NOT yet been contested
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mediation
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agency acts as a neutral third party to help find a resolution
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arbitration
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agency acts as the deciding party
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5th amendment
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"no person shall be deprived of life, liberty, or property without due process"
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14th amendment
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"no state shall deny any persons life, liberty, or property without due process of the law nor deny any persons within its jurisdictions equal protection of the laws"
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equal protection
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requires the government to treat all persons equally under the law
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due process
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requires the government to treat all persons with the minimum amount of fairness when taking life, liberty or property
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procedural due process
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the process where laws/rules/regulations/statutes are enforced and must be fair
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substantive due process
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the fairness of the substance of the law/decision
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