question
admin state (4th branch, 90%)
answer
subverts democracy + rise of the administrative state + rationale + administrative procedure act
question
subverts democracy in admin state
answer
bicameralism + presentment
question
rationale in admin state
answer
time/capacity (60%) + specialization/expertise
question
administrative procedure act (APA)
answer
delegation + rulemaking + enforcement + adjudication
question
delegation in APA
answer
enabling legislation + judicial review of delegated rules + legislative review of delegated rules
question
enabling legislation (delegation)
answer
congress makes admin agency + delegates legislative ability
question
judicial review of delegated rules (delegation)
answer
arbitrary and capricious standard + fair notice rule
question
arbitrary and capricious standard
answer
no rational explanation + exceeds delegated authority
question
legislative review of delegated rules
answer
bicameral veto (used to be unicameral but INS v Chadha made it dead)
question
rule making
answer
impetus + notice + comment + final rule
question
impetus (rule making)
answer
congress/president + admin agency + private party
question
notice (rule making)
answer
federal register + .gov (published new rule)
question
final rule (rule making)
answer
code of federal regulations
question
enforcement (agencies enforce own rules)
answer
site inspections + subpoena + search warrants + warrantless searches
question
site inspections (enforcement)
answer
physical plant + records
question
subpoena (enforcement)
answer
testify + records
question
warrantless searches (enforcement)
answer
highly regulated industries
question
adjudication
answer
administrative law judge + chevron deference
question
administrative law judge
answer
initial order + final order
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