Module 20: Introduction to the Administrative State

The area of law governing agencies, a core concern of which is protecting against the excesses of agency power.

Agencies that are somewhat insulated from politics; instead of a single head, they are made of multiple members from different political parties who sit as a panel and vote on agency decisions.

Agencies that are headed by individual appointees nominated by the President who can be removed by the President for any reason.

President Franklin D. Roosevelt's executive program that greatly expanded federal agencies after the Great Depression, intended to build a social safety net and help the economy recover.

A federal civil rights law enacted as part of the Education Amendments of 1972, to bar sex discrimination in educational institutions that receive federal funds.

A sort of "uber" statute that governs all federal agencies and establishes the default procedures that every federal agency must follow, unless they are expressly exempted. One of the most important statutes in administrative law.

The more common type of rulemaking, otherwise known as "notice and comment" rulemaking because it allows for participation by interested parties. Governed by Section 553 of the APA.

The less common type of rulemaking governed by sections 556 and 557 of the APA, involving a trial-like process where an agency must present a case for the rule in front of an administrative law judge or other official.

The process of publishing a proposed rule in the federal register.

Statements by the public about a proposed rule, typically in written form.

Another name for informal rulemaking.

The compendium of proposed and finalized rules -- a sort of newspaper for the federal regulatory state.

The summary of an agency's consideration of the comments received on an informal rulemaking, including a concise and general statement of the rule's basis and purpose, the agency's response, and any changes made from the proposed rule.

The process by which Congress delegates power to administrative agencies.