Online Instructor’s Manual & Test Bank For Administrative Law: Bureaucracy in a Democracy 5 th Edition

INTRODUCTION
1.1 ADMINISTRATIVE LAW DEFINED
• Body of law developed to control and administer agency’s behavior and function
• Administrative law defines agency’s
o Powers
o Limitations
o Procedures
1.2 SOURCES OF ADMINISTRATIVE LAW
1.2(a) Constitution
• Significant source of law in the administrative context, including;
o Separation of powers
o Federalism
o Article I (powers of the National government
o Article I (interstate commerce)
o Fifth Amendment due process
o Fourteenth Amendment equal protection
1.2(b) Enabling Laws
• Statute that establishes an agency
o Sets forth responsibilities
o Sets forth authority
1.2(c) Administrative Procedures Act
• Federal
o Passed in 1946
o Comprehensive but preempted by enabling statute
• State (uniform state APA)
o Approved in 1946 by;
• National Conference on Uniform State Laws
• American Bar Association
o Amended twice (1961 and 1981)
o Adopted by 30 states and the District of Columbia (as of 2/2005)
o 20 states have adopted another form of administrative procedures law
1.2(d) Executive Orders
• An executive order has the effect of a statute
• Sources of authority for president to issue an executive order;
o Article II (inherent authority to regulate as chief executive)
o Authorization of Congress
• Executive orders are generally preempted by statutes
o Exception – if Congress has specifically delegated authority to act to the
president
• Executive orders are published in the Federal Register
1.3 ADMINISTRATIVE AGENCIES
• May be called:
o Departments
o Commissions
o Bureaus
o Councils