BULE 303 – Test 1

a person can choose any religion beliefs or not beliefs

The provisions in the Fifth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law. State constitutions often include similar clauses.

process requires that any government decision to take life, liberty, or property must be made fairly. This means that the government must give a person proper notice and an opportunity to be heard, and that it must use fair procedures in determining whether a person will be subjected to punishment or have some burden imposed on him or her.

focuses on the content of legislation rather than the fairness of procedures. Substantive due process limits what the government may do in its legislative and executive capacities.

include interstate travel, privacy, voting, marriage and family, and all First Amendment rights. Thus, a state must have a substantial reason for taking any action that infringes on a person's free speech rights.

The provision in the Fourteenth Amendment that requires state governments to treat similarly situated individuals in a similar manner.

Equal protection, like substantive due process, relates to the substance of the law or other governmental action.

If a law or action prohibits or inhibits some persons from exercising a fundamental right, the law or action will be subject to "strict scrutiny" by the courts. A classification based on a suspect trait—such as race, national origin, or citizenship status—will also be subject to strict scrutiny. Under this standard, the classification must be necessary to promote a compelling government interest.

intermediate scrutiny," is applied in cases involving discrimination based on gender or legitimacy. Laws using these classifications must be substantially related to important government objectives.

In matters of economic and social welfare, a classification will be considered valid if there is any conceivable "rational basis" on which the classification might relate to a legitimate government interest. It is almost impossible for a law or action to fail the rational basis test.

The body of law created by administrative agencies in order to carry out their duties and responsibilities.

A federal or state government agency established to perform a specific function.

When Congress—or a state legislature—enacts legislation, it typically adopts a rather general statute and leaves the statute's implementation to an administrative agency, which then creates the detailed rules and regulations necessary to carry out the statute.

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created.

An administrative agency rule that carries the same weight as a congressionally enacted statute.

An administrative agency rule that explains how the agency interprets and intends to apply the statutes it enforces.

the courts interpret these passages as granting Congress the power to establish administrative agencies and delegate to them the power to create rules for implementing those laws.

The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws.

sets forth rules and regulations that govern the procedures administrative agencies follow in performing their duties.

Failed to provide a rational explanation for its decision.
Changed its prior policy without justification.
Considered legally inappropriate factors.
Failed to consider a relevant factor.
Rendered a decision plainly contrary to the evidence.

rulemaking, enforcement, and adjudication

Notice of the proposed rulemaking.
A comment period.
The final rule.

A proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation.

One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.

The role: The ALJ presides over the hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact. Technically, the ALJ is not an independent judge and works for the agency prosecuting the case. Nevertheless, the law requires an ALJ to be an unbiased adjudicator (judge).