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39 Cards in this Set
- Front
- Back
Non-Delegation Doctrine
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- A boundary to what Congress can delegate to agencies
-Agency must be based on an intelligible principle -Judiciary does not receive these challenges well |
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Misretta
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Represents a signal that non-delegation will not be well received
-Deals with the Federal Sentencing Guidelines -Blackmun writes the opinion |
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Appropriations Clause
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-Is a semi-influential way for Congress to influence agencies or decrease their effectiveness, seemingly no limit on how specific these instructions can get(Case?)
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Statutory Overrides
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=Most straight-forward way for Congress to control agency discretion
-Override or amend the statute |
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Legislative Vetoes
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-Makes agency discretion conditional on approval by Congress, House or Senate, or Legislative committees
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Kinds of Agency Employees
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-Mere Employees
-Inferior Officers (Subject to some Executive Removal) -Officers (Removal by Executive) |
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Congressional Regulation Enforcement Act
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-Statutory Override
-Complies with article I reqs -Clunky, rarely used |
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Morrison
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-Functionalist Opinion by Rehnquist
-Do the removal restrictions unduly hamper POTUS ability to exercise executive authority -SCALIA DISSENT -Formalist -Unitary Executive |
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ALJs
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Not inferior officers, just mere employees
-Make suggestions and recommendations, do not hand down final decisions -Landry |
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Buckley
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-When an employee is involved with agency decisions which require discretion and affect individual rights through rules or adjudications, considered an officer
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Encroachment v. Aggrandizement
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Encroachment: Congress limits POTUS power and doesn't give it to anyone, ultimately falls to the courts
Aggrandizement: Congress limits POTUS power and takes it for themselves Examples? |
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Unitary Executive
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-Scalia likes the idea
-Any impingement on the executive power is unacceptable -In terms of removal or otherwise |
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OMB/OIRA
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-Way for executive to control all agencies
-Was abused after first instituted -Subjects everything to a cost-benefit analysis, fight becomes about how you do it |
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SCHOR Factors
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-Evaluate permissibility of Agency Adjud.
-Four Factors- Power within the jurisdiction Breadth of the jurisdiction Origins/Importance of the adjudicated right Purpose behind Congress' choice |
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Adjudications vs. Rulemaking
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Londoner (Adjudication)
-Fairly small group of people are affected -Ruling depends on their facts -Triggers US Con Rights (DP) Bi-Metallic -General applicability, prospective outlook -Citizens do not have a right to participate in the legislative process |
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Sources of Law Regulating Agency Procedure
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US Constitution
APA Organic Statutes Agency Self-Regs Court Decisions: Sup. Ct., DC |
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APA Main Subjects
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Disclosure (552-552(b))
Availability/Timing/Form of Jud. Rev. (701-705) Scope of Rev (706) Procedural Reqs (553.556,557) |
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706(a)
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Arbitrary and Capricious
Catch All Used to review informal adjudications/rulemakings as well as all other actions Eventually spawns hard look rev (see overton park) |
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706(c)
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-In Excess of Statutory Jurisdiction
-Typically comes down to Chevron Analysis -Touchy Separation of Powers situation, Congress writes the statutes, Courts review them -Chevron Step II is the edge of the world here, could stir some shit up |
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706(d)
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-Without observance of procedure required by law
Pre-FECR, pretty tough on agencies, having to do a lot of formal rulemaking |
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706(e)
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-Substantial Evidence
-Only applies to Formal Proceedings -Anything where a record is produced -Addresses pure questions of fact -Real deferential standard, see Universal Camera |
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Rulemaking (APA)
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551(4)
Rulemaking is as “an agency process for formulating, amending, or repealing a rule Rules are a “whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency.” |
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Adjudications (APA)
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551(6-7)
'Adjudication' means the agency process for the formulation of an order 'Order' means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing |
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556,557 Rulemaking
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-Some type of hearing is required
-Central Component is Record Creation -Enables effective judicial review -Encourages an equitable outcome by giving a chance to be heard -FECR coins magic phrase "hearing on the record" |
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553
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-Often Referred to as Notice & Comment Rulemaking
-3 Steps, debate over how much each should entail, see Vermont Yankee -Notice, published in Federal Register of a proposed rule of issue to regulate -Comment Period: People and interested parties can submit concerns and qualms about the rule, usually in written form -Issue the rule, provide a general statement of basis and purpose |
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554
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Applies to Formal Adjudication
Creation of a record Looks pretty much like a jury trial However, Agencies can write some of their own rules of evidence No definite triggering language |
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Informal Adjudications
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No APA statute
Some constitutional implications: see Londoner |
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Seminal Rock Doctrine
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Old Standard, City of West Chicago
When courts review an agency's interpretation of their own statute Agency interpretation is controlling unless clearly erroneous “No clear intention that Congress intended to trigger formal adjudication process here based |
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Seacoast Protection League
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Adjudication must be a full one unless the statute specifies otherwise
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Hybrid Rulemaking
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See D.C. Circuit Vermont Yankee
Increased Process under N&C Rulemaking Notice, Portland Cement Doctrine (Requires any science in the notice include the methodology, survives after Sup. Ct.) Proceeding, Whatever the court believes is required, oral challenges, etc. General Purpose and Statement, Needs to enable judicial review, respond to meaningful comments (survives after the Sup. Ct. Decision) |
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Logical Outgrowth Doctrine (N&C Rulemaking)
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-Connecticut Light and Power Co. v. NRC
-If a final rule is logical outgrowth of the original noticed rule, it merely has responded to the comment period and is acceptable -Rule must be close enough to encourage meaningful participation and reflect reasoned decision making |
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Exceptions to N&C Requirements
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-Interpretive Statements
-Policy Statements -Agency rules relating to military, agency administration |
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Citizens to Preserve Overton Park v. Volpe
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DOT decides to build a highway through a park
Statutes require the administrator jump through some hoops Verify there are no “feasible and alternative routes” Engage in all possible planning to minimize harm to the park Beginning of the Hard-Look Review |
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ADAPSO v. Board of Governors of the Federal Reserve
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SCALIA OPINION
Deals with finding of facts arising from an informal proceeding APA indicates that 706(e) “Arbitrary and Capricious” is the standard of review Operates as a catchall, providing courts with a basis on which to conduct review of minor agency actions in case of abuse or inequity Pretty deferential standard for the Agency |
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Universal Camera v. NLRB
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FRANKFURTER OPINION
-Substantial Evidence Review -Requires a balance of the positive and negative evidence on the record -Cannot examine the positive evidence in isolation -Standard of Review can turn into an infinite cycle of reinterpretation |
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Skidmore v. Swift & Co.
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JACKSON OPINION
Looks at it as a question of application The agency has not exercised any real statutory authority here Thus, views of the administrator should play into the court decision However, is merely persuasive |
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Chevron Doctrine 3 Part Frame Work
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(1) Has Congress spoken directly on the issue/ Is the statute ambiguous?
(0) Has the agency exercised their legal authority to promulgate the decision? If not, skidmore persusasion (2) Is the agency's interpretation reasonable? (Statutory fit vs. Reasoning Process) -Statutory fit is a bald assertion by the judiciary |
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AT&T v. Iowa Communications
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SCALIA OPINION
-One of the only decisions where a decision gets killed at step II -Statutory Fit analysis under CV II |
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State Farm
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JUSTICE WHITE OPINION
-Deals with seat belt regs -Post Vermont Yankee -Justifies the hard look review conducted by lower courts |