Pols 442 Final
__________ is the process by which agencies settle disputes or determine the rights of parties that have dealings with agencies.
Adjudication
Adopted in 1946, the ___________ has been called the Magna Carta of the administrative state.
Administrative Procedure Act
Corporations that hold permits for legalized gambling are always subject to administrative audit.
True
Courts generally defer to an agency's construction of its own rules and regulations, because the agency's expertise makes it uniquely qualified to interpret its own rules.
True
Federal law requires employers to make "reasonable accommodations" for religious expression by employees.
True
The earliest age at which the Age Discrimination in Employment Act protects workers from age discrimination in employment is ____ years old.
40
The U.S. District Courts are the intermediate appellate courts in the federal judicial system.
False
The common-law maxim caveat emptor means ____________.
Buyer beware
The substantive rules that federal agencies produce are codified in the ________________.
Code of Federal Regulations
In Webster v. Doe (1988), the Supreme Court insulated the _____________ from any lawsuits related to wrongful termination of an employee.
Central Intelligence Agency
In 1974 Congress created the __________to provide Congress with objective, timely, nonpartisan analyses needed for making budgetary decisions.
Congressional Budget Office
The Office of Management and Budget is located within the ___________________.
Executive Office of the President
In Gonzaga Univ. v. Doe (2002), the U.S. Supreme Court held that FERPA affords private parties the opportunity to sue for monetary damages under 42 US Code § 1983.
FALSE
The federal statute known as _______ provides that federal funds are to be withheld from school districts that have a policy or practice of permitting the release of education records without the students' written consent, or parental consent of minor students.
FERPA
The ____________ is composed of federal judges who meet secretly in Washington, D.C. to evaluate applications for warrants to allow foreign intelligence surveillance.
FISA Court
Article I of the U.S. Constitution states that the Congress "shall take Care that the Laws be faithfully executed."
False
At the federal level judicial review of agency orders is generally before the United States Supreme Court.
False
Because the Sixth Amendment provides for the assistance of counsel only in criminal proceedings, a person has no right to hire an attorney to represent him or her in an administrative proceeding.
False
The War Powers Resolution of 1973 prohibits a president from committing troops to quell civil disorders without the prior approval of Congress.
False
The constitutional privilege against self-incrimination is not applicable to administrative subpoenas.
False
Enactment of the _______________ in 2009 was prompted by the detention of foreign nationals at the American Naval Base at Guantanamo Bay, Cuba.
Military Commissions Act
The ________________ Act establishes the legal framework for the presidential declaration of national emergencies.
National Emergencies
In Schechter Poultry Corporation v. United States (1935), the Supreme Court struck down the ______________ of 1933.
National Industrial Recovery Act
The rules governing federal appellate court procedures are set forth in ____________.
None of the above (the Administrative Procedure Act, Article III of the U.S. Constitution, the Federal Rules of Civil Procedure)
Negotiated by the Bush Administration and pushed through Congress by the Clinton administration, the _____________ was intended to create a common market among the United States, Canada and Mexico.
North American Free Trade Agreement
In a 1968 essay aptly titled "Rewriting the Constitution," _________, one of the architects of the New Deal, made a startling admission: "To the extent that these New Deal policies developed, they were tortured interpretations of a document intended to prevent them."
Rexford Tugwell
Which of the following agencies is primarily administrative rather than regulatory?
Social Security Administration
Every law passed by Congress is published in the __________ in order of the date it was enacted into law.
Statutes at Large
__________ due process is concerned with whether a law is inherently irrational, unreasonable, unfair or unjust.
Substantive
In McGrain v. Daugherty (1927), a case stemming from a Senate investigation into the ________ scandal, the Supreme Court upheld Congress's power to enforce a subpoena.
Teapot Dome
Speaking for the Supreme Court in 1941, Justice Harlan F. Stone minimized the significance of the _______ Amendment, stating: "The amendment states but a truism that all is retained which has not been surrendered."
Tenth
In Safford v. Redding (2009), the Supreme Court said which of these things?
The student's Fourth Amendment rights were violated but school officials were entitled to qualified immunity.
In 2020, the Department of Education issued a rule that altered procedural aspects of which of the following?
Title IX hearings
The Supreme Court has held that a city can be vicariously liable for actionable discrimination caused by a supervisor.
True
The Supreme Court has ruled that municipalities are "persons" that can be sued under 42 U.S.C. § 1983.
True
The diversity of citizenship jurisdiction of federal district courts applies only to civil suits and is unrelated to the presence of a question of federal law.
True
When a federal employee is sued for a wrongful or negligent act, the ____________ empowers the Attorney General to certify that the employee "was acting within the scope of his office or employment at the time of the incident out of which the claim arose."
Westfall Act
In which of these cases did the Supreme Court place limits on the "indefinite detention" of undocumented immigrants?
Zadvydas v. Davis
The 1961 Model State Administrative Procedure Act defines ________, as "a proceeding, including but not restricted to ratemaking, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing."
a contested case
The Clean Water Act makes it unlawful to discharge any pollutant from a point source into navigable waters unless _____________.
a permit is first obtained
In Plyler v. Doe (1982), the Supreme Court held that states are not permitted to deny ___________ to the children of illegal immigrants
a public-school education
Negotiation, arbitration, and mediation are forms of ___________.
alternative dispute resolution
The 1961 Model State Administrative Procedure Act defines __________, as "a proceeding, including but not restricted to ratemaking, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing."
adjudication
In formal rulemaking, the public comment that characterizes informal rulemaking is replaced by a trial-type hearing, customarily presided over by an _______________.
administrative law judge
In keeping with the __________ of the Enlightenment Era, the Framers of the American Constitution sought to create a national government of limited powers.
classical liberalism
A(An) _____________ is an order issued by a regulatory agency prohibiting a named party from continuing a specific course of conduct.
cease and desist order
In 1883 Congress established the _________, a merit system of hiring, promotion, and discharge for federal employees.
civil service
In Traynor v. Turnage (1988) the U.S. Supreme Court recognized that there is a strong presumption that Congress intends to allow judicial review of administrative action, and that this presumption may be overcome only by _________ of a contrary legislative intent.
clear and convincing evidence
Under the "independent approach" state courts interpret state constitutional provisions without relying on federal court interpretations of counterpart federal constitutional provisions. The opposite approach, sometimes dubbed the "_____________ approach," calls for the state court to simply adopt the prevailing federal interpretation.
clone
To a very great extent today, state and local agencies work with federal agencies under the model of __________.
cooperative federalism
The Supreme Court's decision in Bearden v. Georgia (1983) dealt with which of these topics?
incarceration as an inappropriate remedy for failure to pay a fine
Under the Supreme Court's doctrine of _________, actions of state and local agencies that are alleged to violate Bill of Rights protections are subject to judicial review in federal courts.
incorporation
When a statute provides for administrative review within an agency, one who seeks such review must ordinarily first pursue any available administrative remedies. The rationale is that administrative agencies should be given every opportunity to correct their own errors before courts become involved. This ________ doctrine prevents judicial review that is premature or unnecessary, protects agency autonomy, and promotes efficiency and economy.
exhaustion of remedies
Regulatory impact analysis requires federal agencies to __________.
initiate regulatory actions only when the anticipated benefits exceed the anticipated cost
In Regulation and Failure, Joseph Stiglitz observes: "No idea has had greater impact on policy than Adam Smith's notion that profit-maximizing firms interacting with rational consumers in competitive markets are led, as if by an '_________,' to society's general well-being."
invisible hand
Cozy relationships among lobbyists, agency officials and members of Congressional committees are known as _____________.
iron triangles
In March 2020, California's Gavin Newsom was the first governor to ________________ in response to the coronavirus pandemic.
issue a stay-at-home order
A loose collection of actors inside and outside government who regularly interact in a particular area of policy is often referred to as a(an) __________.
issue network
Until the Industrial Revolution, the prevailing philosophy was __________, because the public did not perceive a need for government to intervene in economic affairs.
laissez-faire
In Immigration and Naturalization Service v. Chadha (1983) the Supreme Court invalidated a congressional practice known as the ______________.
legislative veto
Constitutionalists are concerned over the extent to which the modern administrative state can be reconciled with traditional constitutional principles such as separation of powers, federalism, and _________.
limited government
As Richard Nathan pointed out in The Administrative Presidency (1983), much contemporary policy making occurs through ______.
management of the bureaucracy
Forms of ____________ include informational asymmetries, the tragedy of the commons, and monopolies.
market failure
By the close of the 1880s, there was substantial public support for federal legislation to curb ___________. This led Congress to enact the first in a series of antitrust laws.
monopolies
A case is said to be ______ if the parties have voluntarily complied with an agency decision or reached an amicable settlement of the issues involved.
moot
During the COVID-19 pandemic, Kentucky's Governor ordered his State's residents ________, which precipitated a lawsuit in federal court.
not to travel out of state
The two essential elements of the informal rulemaking process are ___________.
notice and comment
Judicial review of agency action takes place in two ways: 1) appeals from administrative tribunals; and 2) ____________.
original jurisdiction lawsuits
Political scientists in the 20th century developed the theory of ______ to take into account the proliferation and influence of interest groups in American politics.
pluralism
Which of these is not a component of Max Weber's "ideal-type" bureaucracy.
political accountability
Statutes delegating _____________ to executive agencies often provide only the most general policy direction, allowing agencies to make policy within broad parameters.
quasi-legislative authority
A _________ suit is "an action brought by an informer, under a statute which establishes a penalty for the commission or omission of a certain act, and provides that the same shall be recoverable in a civil action, part of the penalty to go to any person who will bring such action and the remainder to the state or some other institution."
qui tam
Titles II and III of the Americans with Disabilities Act require ____________ of disabled persons by state and local agencies and places of public accommodation, respectively.
reasonable accommodation
A ___________ is defined as "a rule having the force of law, prescribed by a superior or competent authority, relating to the actions of those under the authority's control."
regulation
While we often refer to the sum total of government agencies as the "bureaucracy," a basic distinction can be made between administrative agencies and _____________ agencies.
regulatory
The Taft-Hartley Act of 1947 affirmed the right of states to enact ___________.
right to work laws
The Supreme Court has said that a controversy must be "_______" for judicial resolution in order "to prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements over administrative policies, and also to protect the agencies from judicial interference until an administrative decision has been formalized and its effects felt in a concrete way by the challenging parties."
ripe
An important concept that one must understand in trying to comprehend administrative law or any branch of American law is ___________________, which is the division of functions across the legislative, executive and judicial branches of the government.
separation of powers
In Meritor Savings Bank v. Vinson (1986), the Supreme Court held that ____________ in the workplace that is so "severe or pervasive" as to "alter the conditions of employment and create an abusive working environment" constitutes a violation of Title VII.
sexual harassment
Even where ___________ immunity has not been waived, agency personnel can be found personally liable for torts and other unlawful acts.
sovereign
Under the ________________ mayors, governors and presidents had virtually total discretion in hiring and firing government employees.
spoils system
In 1987 the U.S. Supreme Court ruled that land use regulation can effectively become a(an) _______, if the regulations do not substantially advance legitimate interests of the government or deny owners use of their land.
taking
Which law provides a broad outline of procedures for federal agencies to follow in establishing rules and adjudicating disputes?
the Administrative Procedure Act
The National Security Act of 1947 Act precludes judicial review of ______________.
the CIA Director's decisions to terminate employees
__________________ immunizes the federal government from liability for injuries or death of servicepersons that arise out of or are in the course of activity incident to their military service.
the Feres doctrine
Homeland Security regulations require that, in order to receive disaster relief through FEMA, state and local governments must have emergency management plans in place that meet standards specified in ______________.
the National Incident Management System
When it becomes necessary to enforce compliance with an administrative subpoena, an agency must generally petition for enforcement through ______________.
the appropriate federal or state court
"When an activity raises threats of harm to the environment or human health, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically." This is a statement of _____________.
the precautionary principle
Global deforestation and depletion of international fisheries can be viewed as examples of _____________.
the tragedy of the commons
Under a strict application of the theory of ______________, Congress cannot remove executive agencies or officers from Presidential control.
the unitary presidency
Agency actions beyond the scope of legislatively delegated authority are regarded as __________ and are subject to being invalidated by the courts.
ultra vires
One can track a federal agency's rulemaking process by consulting the _____________.
Federal Register
Whenever a person's liberty or property rights are implicated, state and local administrative proceedings must comport with constitutional requirements of due process of law, as required by the ______ Amendment to the U.S. Constitution.
14th
In Bob Jones Univ. v. United States (1983), the Supreme Court held that to warrant a tax exemption as a _________, an institution must "demonstrably serve and be in harmony with the public interest."
501(c)(3)
The doctrine of laissez-faire received strong support in classical economics as it developed in Great Britain under the influence of economist and philosopher _________.
Adam Smith
Section 551 of the ______________ defines an agency rule as: "the whole or 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 ..."
Administrative Procedure Act
Section 702 of the ____________ states: "A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof."
Administrative Procedure Act
The _________________ was designed to achieve uniformity in agency procedures and allow for public involvement in agency decisions.
Administrative Procedure Act
Throughout history, presidents have claimed inherent powers to deal with emergencies. This idea can be traced to _____________, who wrote: "Energy in the executive is the leading character in the definition of good government.
Alexander Hamilton
Presidents can use executive orders to ______________.
All of the above (Create or terminate advisory boards and councils, Delegate authority within the Executive Branch, Set the agenda for executive agencies)
The federal Privacy Act of 1974 ___________.
All of the above (requires that personal information files held by federal agencies are limited to those that are clearly necessary, prohibits secret record keeping systems, requires that individuals must be afforded the opportunity to see what information about them is kept and to challenge its accuracy)
A notice of proposed rulemaking must include ____________.
All of the above (the time, place, and nature of public rule making proceedings, the legal authority under which the rule is proposed, either the terms or substance of the proposed rule or a description of the subjects and issues involved)
Title I of the ___________, which prohibits employment discrimination against persons with disabilities, is enforced primarily by the Equal Employment Opportunity Commission (EEOC), which is empowered to promulgate regulations under the statute.
Americans with Disabilites Act
Congress established the Office of the ___________ in 1789 and authorized this official to "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments."
Attorney General
In ________________________ (1971) the Supreme Court ruled that federal officers who violate the Fourth Amendment are subject to civil suits holding them personally liable for such constitutional torts.
Bivens v. Six Unknown Federal Narcotics Agents
In ___________ (1984) the Supreme Court held that a court, in reviewing an agency's interpretation of a statute it administers, must perform a two-step analysis. First, it must give effect to the congressional intent if it is clear on the precise question at issue. Second, if the statute is silent or ambiguous on that point, the court must sustain the agency's interpretation if it is based on a permissible construction of the statute.
Chevron v. NRDC
In __________________ (1984), the Supreme Court held: "With regard to judicial review of an agency's construction of the statute which it administers, if Congress has not directly spoken to the precise question at issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute."
Chevron v. NRDC
In Tennessee, the _____________ adjudicates claims involving tax recovery, state employee workers' compensation, and alleged negligence by state officials or agencies.
Claims Commission
Which of the following statutes established prohibitions and requirements concerning closed and abandoned hazardous waste sites?
Comprehensive Environmental Response, Compensation, and Liability Act
To assure that banks insured by the FDIC function properly, Congress has provided that the __________ "shall have access to, and the right to examine and copy, all records and other recorded information in any form, and to examine any property, within the possession or control of any agency or person which is subject to audit."
Comptroller General
Article I, Section 8 of the U.S. Constitution enumerates the powers of _____________.
Congress
Article III of the United States Constitution provides that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the _________ may from time to time ordain and establish."
Congress
The _____________ allows Congress to use expedited congressional procedures to pass joint resolutions disapproving of almost all executive agency regulatory actions.
Congressional Review Act of 1996
Which of these officials holds primary power for ordering a quarantine in the U.S.?
Director of the CDC
The Amendment to the United States Constitution prohibits federal courts from entertaining suits by individuals against a state.
Eleventh
Federal law requires that that a notice of proposed rule making be published in the ______________.
Federal Register
The U.S. Fish and Wildlife Service is responsible for promoting conservation of the nation's plants and animals and their habitats and has enforcement authority under the______________.
Endangered Species Act
In 2016, the Office of Management and Budget issued Circular A-123, which discussed something called "ERM". What does that signify?
Enterprise Risk Management
Congress has amended the Federal Tort Claims Act to prohibit agency heads from settling tort claims against their agencies.
False
Congress has discouraged the use of negotiated rulemaking by federal agencies.
False
In 1798, the Supreme Court held that presidents have inherent powers to deal with national emergencies.
False
In DeShaney v. Winnebago County Department of Social Services, the Supreme Court held that a local social services agency violated the Fourteenth Amendment by failing to protect a child from domestic abuse.
False
In January 2017, President Trump invoked the Posse Comitatus Act in issuing a controversial executive order restricting travel to the USA from a number of predominantly Muslim countries.
False
In Perry v. Sinderman (1972) the Supreme Court adopted a narrow view of "property" for the purposes of due process analysis.
False
In Seminole Tribe of Florida v. Florida (1996), the Supreme Court upheld a federal statute that allowed Indian tribes to bring federal lawsuits against states to require them to engage in good faith negotiations to establish "Tribal-State Gaming Compacts."
False
In Westfall v. Erwin (1988), the Supreme Court held that federal employees acting within the scope of their office or employment are absolutely immune from tort liability.
False
In general, courts are more likely to defer to agency interpretations of statutes where such interpretations allow agencies to act in ways that generate serious constitutional concerns
False
It is a civil offense, but not a criminal one, to sell a product in excess of prevailing market prices if that product has been designated by the president as "critical" under the Defense Production Act.
False
Once a federal agency rule has been finalized, it is published in the ______________.
Federal Register
Long before he became President, Woodrow Wilson argued against the "politics/administration dichotomy."
False
Once Congress has passed a bill it is published in the Code of Federal Regulations.
False
President Trump's "travel ban" was declared unconstitutional by the Supreme Court in 2017.
False
TV personality Martha Stewart was found guilty of insider stock trading as well as perjury and obstruction of justice.
False
The Administrative Procedure Act (APA) of 1946 requires a federal agency to show "a compelling government interest" to justify an emergency regulation.
False
The Civil Service Reform Act of 1978 created the Civil Service Commission and gave it supervisory power over the hiring, firing, and discipline of federal civil servants.
False
The Lloyd-La Follette Act of 1912 authorized presidents to fire federal civil service employees at will.
False
The Smith Act defines the role that the military should play in domestic affairs.
False
The Social Security Administration must afford claimants a formal hearing prior to terminating their disability benefits.
False
The Supreme Court has held that the Fourth Amendment imposes no limitations on agency inspections of closely regulated industries.
False
The Supreme Court has said that the mere fact that a business is involved in interstate commerce makes it a "closely regulated industry."
False
The U.S. Coast Guard is an agency within the Department of Defense.
False
Under the "spoils system," mayors, governors, and presidents had virtually no role in hiring and firing government employees.
False
Under the Hatch Act, federal employees are barred from making contributions to candidates for elective federal offices.
False
Unlike their state and local counterparts, federal executive agencies have the authority to initiate criminal prosecutions by filing charging documents directly in federal district courts.
False
To alleviate the injustices to citizens that occurred as a consequence of sovereign immunity, Congress enacted the _____________ of 1946.
Federal Tort Claims Act
Followers of Thomas Jefferson argued for limited government and opposed efforts of the ___________ to expand the powers, functions and machinery of the national government.
Federalists
Under the Food, Drug and Cosmetic Act the ____ has the authority to regulate "drugs" and "devices."
Food and Drug Administration
The ______ Amendment to the United States Constitution protects people from "unreasonable searches and seizures," not only by police, but by all government officials and their agents.
Fourth
In his first inaugural address, President _____________ said, "I ... shall ask the Congress for the one remaining instrument to meet the crisis—broad Executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe."
Franklin D. Roosevelt
The purpose of the _______ is to prevent the bureaucracy from shrouding itself in a cloak of secrecy, which is something that agencies, left to their own devices, are prone to do.
Freedom of Information Act
A properly worded __________warning enables agency managers to question employees and require that they respond, while protecting the employees' constitutional right to be free from compulsory self-incrimination.
Garrity
What statement about Chief Justice Roberts' majority opinion in Trump v. Hawaii is true?
He explicitly stated that the Korematsu case was wrongly decided.
The __________ enables members of Congress to target a particular bureaucrat for firing and then build the firing into a vote on an appropriations bill.
Holman Rule
The Paperwork Reduction Act of 1980 created the Office of _____________ within the Office of Management and Budget (OMB).
Information and Regulatory Affairs
President Trump invoked the ________to impose tariffs on goods imported from Mexico to pressure the Mexican government to take steps to reduce illegal migration to the United States.
International Emergency Economic Powers Act
In ______________ the Supreme Court recognized that "in every well-ordered society . . . the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand."
Jacobson v. Massachusetts (1905)
_____________, the English political philosopher whose ideas were highly influential among the American founders, wrote that "the Legislative cannot transfer the Power of Making Laws to any other hands. For it being but a delegated Power from the People, they who have it, cannot pass it over to others."
John Locke
The Rehnquist Court's philosophy of protecting states' rights by limiting congressional power to abrogate state sovereign immunity was dramatically illustrated in the Court's 5-4 decision in ________________.
Kimel v. Florida Board of Regents
__________ is a common-law doctrine that holds that one who unreasonably delays asserting a right and thereby prejudices another party, is barred from asserting a claim in court.
Laches
____________ believe that social progress is best achieved by unleashing the potential of the individual and by allowing maximum freedom in social relations and in the marketplace.
Libertarians
In language echoing the __________, the Tennessee Constitution provides: "That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the judgment of his peers or the law of the land.
Magna Carta
In 1788, _________ wrote: "A feeble Executive implies a feeble execution of the government. A feeble execution is but another phrase for a bad execution; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government."
None of the above (George Washington, John Jay, James Madison)
Although judicial review is not explicitly provided for in the United States Constitution, the doctrine has firm constitutional underpinnings emanating from Chief Justice John Marshall's historic opinion in _______.
Marbury v. Madison
In _______________ (1976), the Supreme Court delineated the factors to be considered in determining the extent of due process of law that must be afforded to a person whose liberty or property interests are to being adversely affected by government action.
Mathews v. Eldridge
___________ argued that bureaucracy is an essential part of modern life because it is the most rational way for society to achieve collective goals.
Max Weber
In the landmark case of ____________, the Supreme Court upheld Congress's power to establish a national bank and, implicitly, its power to create a host of administrative and regulatory agencies.
McCulloch v. Maryland (1819)
Which of the following programs is administered by the U.S. Department of Health and Human Services?
Medicare
In 1935, Congress a created the ___________ to investigate allegations of unfair labor practices and issue orders to remedy violations.
National Labor Relations Board
Which of the following statements is false?
Neither the FCC nor the Department of Education has ever issued a fine of more than $1 million.
The Clean Air Act authorizes the _________ to establish and enforce National Ambient Air Quality Standards.
None of the above
The constitutional division of authority and responsibility between the national government and the fifty states is known as ________.
None of the above
Most of the U.S. Supreme Court's cases come to the Court via the writ of __________.
None of the above (certiorari)
In terms of controlling the bureaucracy, the most important office within the Executive Office of the President is the ___________.
Office of Management and Budget
In 1915, in Bi-Metallic Investment Co. v. State Board of Equalization, the Supreme Court rejected the contention of property owners that Denver's across-the-board revaluation of real estate without a prior hearing violated their rights to due process of law. Writing for the Court, Justice ______________ distinguished Bi-Metallic from Londoner by pointing out that whereas in Londoner only a small number of property owners were affected, Bi-Metallic involved numerous people broadly affected by action closely akin to general legislative enactments that do not require notice and hearing.
Oliver Wendell Holmes
In Tennessee, a(an) _____________ employee is one who holds a position in an agency in the state service, in which the employee has successfully completed the requisite probationary period.
Preferred Service
The Tennessee, the _________ is charged with setting the rates and service standards of privately owned telephone, natural gas, electric, and water utilities.
Public Utility Commission
Writing for the Supreme Court in Beers v. Arkansas (1858), Chief Justice _______________ wrote: "It is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission...."
Roger B. Taney
Essential to President _____________'s conservative philosophy was the idea that the federal government had imposed excessive regulation on American business, thereby depressing economic activity and stifling innovation.
Ronald Reagan
Writing for the Supreme Court in Food & Drug Administration v. Brown & Williamson Tobacco Co. (2000), Justice ___________ observed that "an administrative agency's power to regulate in the public interest must always be grounded in a valid grant of authority from Congress."
Sandra Day O'Connor
What statement about administrative searches is true?
The Colonnade and Biswell decisions stand for the proposition that the Fourth Amendment imposes only a basic standard of reasonableness with respect to searches and inspections of closely regulated industries.
Which statement about Department of Labor rules for interns is true?
The assessment of whether an intern should be treated as an employee for the purposes of federal labor laws turns on an analysis of whom the "primary beneficiary" is from the perspective of an "economic reality."
The ____________ of 1976 was enacted by Congress to give EPA the ability to track the 75,000 industrial chemicals currently produced or imported into the United States.
Toxic Substances Control Act
The First Congress created three major executive departments—State, _________, and War—as well as a number of lesser offices, including an Attorney General and a Postmaster General.
Treasury
A party can challenge a subpoena duces tecum issued by an administrative agency on the ground that it requires the disclosure of trade secrets.
True
A public employee who commits illegal acts under "color of office" is guilty of malfeasance.
True
Although a state constitution may afford greater due process protection than what is required by the federal Constitution, it cannot afford less.
True
Banks are required to report cash transactions exceeding $10,000 and it is illegal to break up a single transaction into two or more separate transactions "for the purpose of evading the reporting requirement."
True
Historically the Supreme Court defined property rights subject to due process of law in the restrictive common-law context of real estate, chattels, and money. The modern Supreme Court has taken a much broader perspective, going so far as to recognize welfare benefits as a form of property.
True
Hybrid rulemaking can result from statutory mandate or agency discretion.
True
In Federal Maritime Commission v. South Carolina State Ports Authority (2002), the Supreme Court held that the Eleventh Amendment precludes a federal administrative agency from adjudicating a case in which a state is a party.
True
In a tort action against the United States under the Federal Tort Claims Act, a plaintiff cannot seek damages in excess of the claim presented to the federal agency unless there is newly-discovered evidence that was not reasonably discoverable when the claim was first presented to the agency or where there have been intervening facts relating to the amount of the claim.
True
In the case of In re Neagle (1890), the Supreme Court suggested that presidential authority to protect the public safety implicit is in the very nature of executive power.
True
President Trump's first emergency declaration came in December 2017, when he issued an executive order entitled, "Blocking Property of Certain Persons Involved in Serious Human Rights Abuse or Corruptions."
True
Qualified immunity protects public officials in instances unless they violate "clearly established statutory or constitutional rights of which a reasonable person would have known."
True
State Administrative Procedure Acts are generally applicable to the executive, but not to legislative or judicial branches of state government.
True
The Administrative Procedure Act does not apply to matters subject to a subsequent trial of the law and the facts in a court of law.
True
The Civil Rights Act of 1871 permitted injured parties to bring federal civil suits to redress injuries resulting from the deprivation of constitutional rights.
True
The Civil Rights Act of 1964 authorizes the U.S. Department of Justice to file suit to vindicate citizens' civil rights.
True
The Clean Water Act provides for formal adjudicatory hearings in cases where the EPA sets effluent limitations on offshore oil platforms.
True
The Defense Production Act of 1950 empowers the President to require private companies to accept and prioritize government contracts.
True
The Merit Systems Protection Board is charged with hearing appeals from federal employees who are terminated or subjected to other major personnel actions.
True
The Pendleton Civil Service Reform Act of 1883 created a "classified" civil service and required people seeking to enter the civil service to take a competitive examination.
True
The Supreme Court held in 1971 that the victims of a constitutional violation by a federal agent had a right to recover damages against the official in federal court despite the absence of any statute conferring such a right.
True
The federal open meetings law applies only to meeting of multimember commissions and advisory committees.
True
The ______________ Act denies corporate entities the right to contest a property forfeiture if their principal shareholder is a fugitive from justice.
USA PATRIOT
The _____________ allowed confiscation of property located in the United States for a range of crimes committed in violation of foreign law.
USA PATRIOT Act
In _______________ (1942), under the reinterpreted Commerce Clause, the Supreme Court sustained a regulatory regime established by the Department of Agriculture under which farmers were penalized for producing commodities in excess of their quotas, even if the surplus was for personal consumption.
Wickard v. Filburn
President ______________ held that the president can "exercise no power which cannot be fairly and reasonably traced to some specific grant of power or justly implied and included within such express grant as proper and necessary to its exercise."
William Howard Taft
According to ____________, "The informing function of Congress should be preferred even to its legislative function."
Woodrow Wilson
In Goldberg v. Kelly (1970), the Supreme Court noted the importance of ___________ in an administrative hearing.
an impartial decision maker
In J.W. Hampton & Co. v. United States (1928), the Supreme Court held that as long as "Congress shall lay down by legislative act _________ to which [the agency] is directed to conform, such legislative action is not a forbidden delegation of legislative power."
an intelligible principle
In FDA v. Brown and Williamson (2000) the Supreme Court rejected the Food and Drug Administration's decision to regulate tobacco products as "_______________."
drug delivery devices
Under the doctrine of _____________, there was thought to be a bright line between the domain of the national government and that of the states.
dual federalism
In Londoner v. Denver (1908) the Supreme Court ruled that individual property owners in Denver, Colorado were denied _________ when the city refused to grant them a hearing to allow each property owner to challenge a special assessment for street paving.
due process
At the federal level, __________ oversees the selection of administrative law judges.
each agency in the executive branch
Both the federal government and the government of each state have the power of __________, that is the right to take private property for public use.
eminent domain
In 1933, Congress established the Tennessee Valley Authority. Using its power of __________, TVA acquired lands along the Tennessee River in order to construct a series of dams and reservoirs.
eminent domain
Presidents sometimes withhold certain information from Congress using what is termed ______________.
executive privilege
An agency order or rule is generally considered _______ when it is reduced to writing and filed as provided by law.
final
Which of these represents the primary enforcement mechanism used by the Department of Education in remedying serious violations of the Clery Act?
fines
When __________ is mandated by a statute, an agency must conduct a trial-type hearing and afford interested parties an opportunity to testify, present witnesses and documentary evidence, cross-examine opposing witnesses, and present arguments.
formal rulemaking
In the 1970s federal courts developed the "___________" doctrine, under which courts closely examine the record of an agency's decision to determine whether the agency made a "clear error of judgment."
hard look
A __________ error is one that does not affect the substantive rights of a party or affect the outcome of a judicial or administrative proceeding.
harmless
Kenneth Culp Davis, the author of a leading treatise on administrative law and a strong supporter of administrative government, once observed that ___________ is "one of the greatest inventions of modern government."
informal rulemaking
Under modern constitutional doctrine, federal statutes, and federal regulations promulgated pursuant to those statutes, can _______ state laws and regulations.
preempt
In Lorillard Tobacco Co. v. Reilly (2001), the Supreme Court held that Massachusetts' regulation of cigarette advertising was _________ by federal law.
preempted
Which of these standards of proof is most likely to be used in an administrative adjudication proceeding?
preponderance of the evidence
In the early days of the Republic, the only recourse available to private claimants seeking monetary relief against the federal government was to petition Congress to pass a (an) _________________.
private act
In Board of Regents v. Roth (1972) the Supreme Court noted that "the range of interests protected by _______________ is not infinite.
procedural due process
In Goss v. Lopez (1975) the Supreme Court held that the Due Process Clause requires basic procedural safeguards when _______________.
public schools suspend students for misconduct
The notion that a regulation must be designed to achieve the maximum technologically possible reduction in harm is referred to as ________.
regulatory absolutism
In contrast to the traditional model of policymaking, the involvement model stresses the role of _____________.
stakeholders
A party filing suit to challenge an agency order must have ________.
standing to sue
In 2002, the General Accounting Office (GAO) filed suit to obtain records of meetings between Vice President Dick Cheney and various energy industry executives who helped the Bush Administration develop a national energy policy during 2001. A federal district court dismissed the case, holding that the GAO lacked __________.
standing to sue
The 1981 Model State Administrative Procedure Act provides for establishing a bipartisan committee composed of state legislators to review ____________.
state agency rules
In its landmark Bakke decision of 1978, the Supreme Court upheld the use of race as a factor in educational admissions, citing the need for ______________ in higher education.
student diversity
A _____________ requires a party to produce specified documents or records.
subpoena duces tecum
Courts will defer to administrative agency findings of fact when such findings are based on "_______" evidence.
substantial
Congress and all fifty state legislatures have enacted laws requiring agencies to hold certain meetings in public. These _________ laws, as they are generally known, do not necessarily allow members of the public or media to speak at such meetings, but they do allow attendance.
sunshine
The term _________ refers to a situation where individual users acting independently according to their own self-interest behave contrary to the common good of all users by depleting a shared resource.
tragedy of the commons