Chapter 4: The Executive Branch and Administrative Authority

What are some advantages of administrative agencies?

1. they can deal with large groups of citizens or entire industries 2. they respond quickly to rapidly changing needs of industries or citizens 3. staff members are more knowledgeable about specifics of an industry or group of citizens 4. they provide consistent and fair standards for citizens and instudries

Enabling Act

Congressional enactment that creates the authority in the executive to organize and oversee an administrative agency by establishing specific legislative goals and objectives.

What is an enabling act?

Congressional enactment that creates the authority in the executive to organize and oversee an administrative agency by establishing specific legislative goals and objectives.

Administrative Procedure Act (APA)

Congressional enactment that requires all federal administrative agencies to follow certain procedures in the issuance of administrative law

Administrative Regulations

Form of administrative law; a regulation that defines, clarifies, or enforces a statutory objective.

Administrative Agency

Government office created by the legislature and overseen by the executive branch. The purpose of such an agency is to apply certain specified laws created by the legislature.

What are the basic responsibilities of the president as outlined by the constitution?

Head of State, Chief Executive, Commander in Chief, Chief Diplomat, Chief Legislator, Chief Diplomat, Chief of the Party, Chief of Citizens, Chief Administrator

Delegation Doctrine

Principle that Congress may not assign its authority to create statutory law and no other government entity may assume such authority.

What is the delegation doctrine?

Principle that Congress may not assign its authority to create statutory law and no other government entity may assume such authority.

Code of Federal Regulations (CFR)

Publication that contains all current administrative regulations

Exhaustion of Administrative Remedies

Requirement that anyone having a dispute with an administrative agency must first follow all available procedures to resolve the dispute before taking the issue before the judiciary.

Describe the process of the Electoral College and discuss the effect of the 12th amendment on the process?

The 12th Amendment to the Constitution made sure that electors designate their votes for president and vice president.

Identify what an administrative agency is required to do when proposing and issuing a new regulation?

The APA generally requires agencies to provide public notice and seek comment prior to enacting new regulations.

Describe what court must consider when reviewing an administrative agency action?

The Administrative Procedure Act 1946[i] (APA) sets the standards for administrative agencies in exercising their lawmaking powers. The standards laid down by the APA also help federal courts whenever they are faced with suits challenging the rules and regulations created by the agencies.

Describe the original role of the president?

The President is responsible for implementing and enforcing the laws written by Congress and, to that end, appoints the heads of the federal agencies, including the Cabinet.

Identify the steps in the creation of an administrative agency?

To create an administrative agency, Congress passes enabling legislation, which specifies the name, purposes, functions, and powers of the agency being created

executive order

a form of procedural law that implements ans enabling act

Describe the delegation doctrine?

congress cannot give away any of its lawmaking power

Describe the minimum criteria for the creation of an administrative agency?

has to be created by a legislative enactment

What is meant by exhaustion of remedies?

means that a person who challenges the authority of an agency must first, pursue all opportunities to have the issue resolved by dealing directly with the agency before they can turn to the courts

Who appoints top federal agency officers?

president

Describe how members of the electoral college are selected?

process occurs by a vote of the party's central committee. The electors are usually state-elected officials, party leaders, or people with a strong affiliation with the Presidential candidates.

What is the purpose of an administrative agency

to help in the speedy disposal of cases, both minor and complex and thus are a big aid to US courts. The process also helps in reserving judicial resources for other significant cases. The members of administrative agencies are experts in the respective subject area. Administrative agencies can create their own rules and regulations.