American Constitutional Law chapter 6

administrative agencies

(1) A statute that grants new powers or authority to persons or corporations. (2) A statute that gives the government the power to enforce other legislation or that carries out a provision of a constitution. The term also applies to a clause in a statute granting the government the power to enforce or carry out that statute. Such a provision is called an enabling clause .

-Quasi-legislative (rulemaking)
-Quasi-executive (enforcement)
-Quasi-judicial (adjudication)

A term applied to the legislative functions of an administrative agency, such as rulemaking

A term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law

The transfer of power from the president to an administrative agency.

The principle in administrative law that congress cannot delegate its legislative powers to agencies. Rather, when it instructs agencies to regulate, it must give them an "intelligible principle" on which to base their regulations.

The test used to determine if Congress has provided an agency with sufficient guidance in the performance of a delegated duty.

Rule providing that if a claim is public in nature and not private, Congress may delegate its adjudication to a non-Article III tribunal

A process used by administrative agencies to create rules and regulations. The Administrative Procedure Act provides that formal rulemaking is required only when mandated by statute. Otherwise, informal rulemaking may be used by an agency. Formal rulemaking involves formal hearings and is more expensive and time consuming than informal rulemaking. This process is also known as rulemaking on the record

A process used by administrative agencies to create rules and regulations. The Administrative Procedure Act provides that agencies may use this procedure unless formal rulemaking is required by statute. Informal rulemaking is less costly and less time consuming than its formal counterpart. This process is also known as notice-and-comment rulemaking.

An act of a legislature invalidating executive action in a particular instance. Generally, legislative vetos are unconstitutional. Once power is delegated by Congress to the president, it is generally prohibited from interfering with the president's enforcement.

Part of Congress's schedule; occurs twice a month. A time specially set aside for legislation intended to amend or repeal administrative rules.