Chapter 17

The U.S. Supreme Court has recognized that the president has _____ power over administrative agencies by virtue of the Appointments Clause of the Constitution.


executive

explicit

enumerated

inherent

express

Which of the following are necessary for Congress to override a final rule by an administrative agency?

I. Both houses must agree.
II. An overruling resolution must be presented to the president.
III. There must be a two-thirds majority to approve.
IV. There must be an agreement of the executive branch.


III and IV.

I and II.

II and IV.

I, II, and III.

II, III, and IV.

SmallCo is regulated by an administrative agency. Last year the agency abruptly changed course without explanation and changed its policy toward SmallCo's compliance efforts. SmallCo may challenge the agency's action if it was __________.


unrelated to the agency's goals

reasoned

arbitrary and capricious

based on scientific data

not published

Which of the following factors are not used by courts when applying the arbitrary and capricious standard?

I. If the agency relied on factors that Congress had not intended it to consider.
II. The amount of time that the agency spent during the rulemaking process.
III. Whether the final rule is a logical outgrowth of the enacting statute.
IV. Whether the agency is independent or not.


I and II.

I and IV.

III and IV.

I, III, and IV.

II, III, and IV.

Many enabling statutes contain provisions authorizing any member of the public at large who is directly affected by a particular agency action to file a court challenge to the agency's action. These court challenges are known as ________.


citizen suits

public litigation

due process provisions

public provisions

hearing rights

Which of the following are considered to be federal disclosure statutes?

I. Disclosure to the Public Act.
II. Right to Public Information Act.
III. Freedom of Information Act.
IV. Government in the Sunshine Act.


I and II.

III and IV.

II and IV.

II, III, and IV.

I, II, and III.

As a way to limit the authority of the executive branch, Congress has designated certain agencies, such as the Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC), as independent of the president's __________ powers.


executive

rulemaking and adjudication

direct

advice and consent

enumerated

__________ are authorized by enabling statutes that give any member of the public at large who is directly affected by a particular agency action the right to file a court challenge.


Due process provisions

Public litigation

Public provisions

Hearing rights

Citizen suits

The _______________ is a federal disclosure statute.


Open Meeting Adjustment Act

Freedom of Information Act

Disclosure to the Public Act

Access to Government Records Act

Right to Public Information Act