SPEA V 184 Exam 1 Questions & Answers Solved 100% Correct!!

Federal judges are appointed by - the president and confirmed by the senate Federal judges serve - during good behavior "for life" - until they resign, die, or are removed from office State judges serve - terms that vary across the states - most trial judges are elected Which judges are appointed by the President and confirmed by the Senate? - Supreme Court Justices, court of appeals Circuit judges, and district court judges What is the Administrative Procedures Act and what does it do? - A Congressional statute that gives federal agencies the power to issue rules and regulations - they must give notice and comment period for new rules Explain how agencies have quasi-legislative authority. - Congress has legislative power, but leaves it up to agencies (NASA, FDA, etc) to "fill in the details" - realistically, Congress has to delegate Explain the basics of establishing an agency. - Congress creates an agency, and then that agency is empowered to act according to its "creation" statute - the actions of a federal agency must be within the bounds of the statute and, of course, Constitutional What are the two primary restrictions on a federal agency? - It is 1) bound by the Constitution and 2) bound by the agency's authorizing statute What Supreme Court case reflects the concept of administrative agencies? - Chevron USA Inc v. Natural Resources Defense Council Inc., et al Briefly explain the Chevron case, what the Supreme Court ruled, and any concurring or dissenting opinions. - Under the Clean Air Act, states that had not reached national air quality standards had to establish a permit program regulating new or modified stationary sources of pollution (acturing plants). The EPA passed a regulation under the act that allowed states to treat all pollution-emitting devices as though they were in a "bubble", meaning they did not need a permit to install or modify one piece of equipment as long as it did not increase the total emissions of the plant. Several environmental groups challenged the "bubble provision", and the US Court of Appeals set aside the provision, saying it was inappropriate, and it went to the Supreme Court, the issue being if the EPA was permitted to define the term "stationary source" to mean whole industrial plants only (which allows plants to build or modify units without the permit required in the Act). The Supreme Court unanimously held that the bubble regulation was a reasonable interpretation of the term "stationary source" and reversed the ruling. What did Justice Gorsuch say about Chevron? - "Chevron permits executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers' design" "Can Congress really delegate its legislative authority - its power to write new rules of general applicability - to executive agencies?" Gorsuch and others were upset that the EPA even had the authority to enforce this regulation. What is preemption? - The overriding of state law by federal law. What clause is the basis for preemption? - The Supremacy Clause