question
federalism
answer
a system of government where power is shared or divided among multiple governmental entities
question
preemption
answer
refers to federal law taking priority over state law
question
supremacy clause
answer
states that the U.S. Constitution and the federal laws will be the supreme law of the land
question
expressly given
answer
the power that the federal government has are those expressly granted to it by the U.S. Constitution
question
tenth amendment
answer
specifically reserves those powers not delegated to the federal government by the Constitution to the states
question
true
answer
T/F: the federal government limited in scope of powers
question
false (state government)
answer
T/F: the federal government general in scope fo powers
question
interstate commerce
answer
commerce that occurs between parties in different states
question
true
answer
T/F: the federal government has power of interstate commerce
question
commerce clause
answer
gives congress the power to regulate commerce among the states; gave the federal government the power to regulate interstate commerce
question
commerce power
answer
the power to regulate
question
dormant commerce clause
answer
a constitutional theory that the commerce clause also prevents state legislation that that discriminates against or interferes with interstate commerce
question
quarantine to prevent communicable diseases
answer
the expection to the dormant commerce clause
question
communicable disease
answer
an illness caused by an infectious agent that occurs through transmission of an infected individual or object to a host
question
doctrine of preemtion
answer
found in the supremacy clause of article 6 of the U.S. Constitution
question
express preemption
answer
a status arising when congress expressly forbids the states from legislating in a particular area; written down by congress in a statute
question
clean air act
answer
example of express preemption that regulates motor vehicle emissions; states that only the federal government can regulate this
question
implied preemption
answer
a status arising when congress intends (though does not expressly state) to override, supersede, or avoid legislative activity; statute does not say that only the federal government can do something
question
conflict preemption
answer
a status arising when state and federal law actually conflict, even if congress is silent on the issue; can be inferred that the federal government can preempt a law in a certain area
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field preemption
answer
a status arising when congress intends to remove an entire area from state legislative authority
question
true
answer
T/F: field is focused on a particular area of law
question
true
answer
T/F: federal congress never expressly stated, but the way it writes its statutes implies that that congress only wants the federal government to make laws on nuclear power regulations
question
property clause
answer
gives congress the power to make rules and regulations concerning property that belongs to the U.S.
question
administrative law
answer
the area of law related to the powers, duties, and procedures of administrative agencies
question
EPA
answer
administrative agency that enforces environmental laws; handles air pollution, hazardous wastes disposals, pesticides, etc.
question
true
answer
T/F: the EPA has enormous power that comes from the delegation doctrine
question
delegation doctrine
answer
means that the legislature will delegate power to an agency by statute
question
enabling legislation
answer
when a statute establishes an administrative agency
question
legislative power in enabling legislation
answer
when agencies have the power to come up with its own rules and regulations
question
executive power in enabling legislation
answer
when agencies execute or carry out the laws in some way; administers and enforces
question
judicial power in enabling legislation
answer
when agencies can have their own judges, hold hearings, and decide disputes
question
false
answer
T/F: agencies can't make their own rules
question
substantive
procedural
interpretive
procedural
interpretive
answer
types of rules:
question
substantive rules
answer
rules establishing law or policy
question
procedural rules
answer
rules governing the organization, procedure, or practice of an agency
question
interpretive rules
answer
statements that present an agency's understanding of the meaning of language in statutes or in its regulations
question
formal rulemaking
informal rulemaking
informal rulemaking
answer
ways to make rules:
question
formal rulemaking
answer
a rule made on the record after opprotunity for an agency hearing
question
informal rulemaking
answer
also known as notice-and-comment rulemaking
question
notice
review
publication
review
publication
answer
steps of informal rulemaking:
question
federal register
answer
the official fovernment publication where public notices must be printed
question
bubble concept
answer
environmental enforcers take into account only the total amount of pollution that arises from a plant
question
rulemaking
enforcement
adjudicative powers
enforcement
adjudicative powers
answer
power of agencies:
question
rulemaking
answer
acting like a baby legislature; administrative agencies can make their own rules and laws
question
enforcement
answer
acts like a baby executive branch
- civil suits against pollution
- assists in criminal prosecutions
- cleanup enforcement
- conduct searches
- seize property
- make inspection
- civil suits against pollution
- assists in criminal prosecutions
- cleanup enforcement
- conduct searches
- seize property
- make inspection
question
adjudicative powers
answer
act like a baby judicial branch
- administrative law judge (not a court of law)
- environmental appeals board (still within the administrative agency)
- exhaustion of administrative remedies
- administrative law judge (not a court of law)
- environmental appeals board (still within the administrative agency)
- exhaustion of administrative remedies
question
exhaustion of administrative remedies
answer
legal doctrine providing that a party must seek all possible relief from an administrative body before a court will grant review of the contested agency action
question
exhaustion
answer
use up all the remedies inside the administrative agency before you come to court
- administrative law judge
- environmental appeals board
- court (last resort)
- administrative law judge
- environmental appeals board
- court (last resort)
question
limitations
answer
executive restraints
congressional restraints
judicial review
public restraints
congressional restraints
judicial review
public restraints
question
executive restraints
answer
administrative agencies are actually executive agencies; the president can hire or fire the head of these administrative agencies
question
congressional restraints
answer
congress controls the federal budget; can withhold money
question
judicial review
answer
occurs when a court reviews an agency's final action
question
final action
answer
exhaustion of administrative remedies
question
substantive evidence
answer
the standard of review for administrative agencies is whether the decision was supported by ______, which means the agency had sufficient evidence to support its decision
question
freedom of information act (FIOA)
answer
example of a public restraint
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