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bill
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proposed statute that must be voted on and approved by both the Senate and House of Representatives
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veto
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after it has been approved by the legislature, it is sent to the president; if he disapproves, he vetoes the bill and it will not be law
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committee work - why bill's proposed
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new issue, new worry; unpopular judicial ruling; criminal law
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new issue, new worry
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if society begins to focus on a new issue, Congress may respond with legislation
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unpopular judicial ruling
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if Congress disagrees with a judicial interpretation of a statute, the legislators may pass a new statute to modify or "undo" the court decision
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criminal law
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is statutory; a court cannot announce that something has been a crime before; everyone must know the rules in advance because the consequences are so harsh
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override
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Congress has one chance to make it a bill a law if the president vetoes it; if both houses repass the bill, each by a two-thirds margin, it becomes law over the president's veto
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executive-independent agencies
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president has no such removal power over independent agencies as he does for executive agencies; FCC (independent agency)
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enabling legislation
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Congress creates federal agency by passing this; describes the problems that Congress believes need regulation, establishes an agency to do it, and defines the agency's powers
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Administrative Procedure Act (APA)
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Congress passed this in an effort to bring uniformity and control to the many federal agencies; major limitations on how agencies do their work
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how rules are made
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informal and formal; to establish fair and uniform behavior for all businesses in the affected area; to create a new rule is to promulgate it
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legislative rules
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most important agency rules; before obtaining private data, you must let them know who you are, how to contact site operators, precisely what you are seeking, and how it will be used
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interpretive rules
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agency's interpretation of what the law already requires; do not change the law
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informal rulemaking
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must publish a proposed rule in advance and permit the public a comment period. during this period, the public may submit any objections and arguments with supporting data
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formal rulemaking
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Congress may require that an agency hold a hearing before promulgating rules, makes the agency more accountable to the public
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subpoenas
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an order to appear at a particular place and time; requires the person to appear and bring specified documents
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adjudication
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to hold a formal hearing about an issue and then decide it; most began with a hearing before administrative law judge (losing party has right to appeal to an appellate board); after all evidence, ALJ makes decision
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de nove decision
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the power of an appellate court or board to ignore a lower judge's ruling and make its own decision
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statutory control
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may require the agency use the formal rulemaking or investigate only certain issues
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political control
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president = greatest with executive agencies, congrols = controls the purse; no agency can spend money it doesn't have
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judicial control
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an individual or corporation directly harmed by an administrative rule, investigation, or adjudication may generally have that action reviewed in federal court
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