ADMINISTRATIVE LAW FINAL EXAM
QUESTIONS & DETAILED COMPLETE
SOLUTIONS ALL PASSED
Why is agency structure important? - CORRECT ANSWER agency structure is relevant
in administrative law because an advocate representing a regulated entity might seek to
block agency action by arguing that the action is invalid because the agency is
structured in an unconstitutional manner
Agencies have what type of authority? - CORRECT ANSWER rulemaking authority
The Constitution authorizes the delegation of rulemaking to agencies because of? -
CORRECT ANSWER Congress's power under the necessary and proper clause (U.S.
Const. Art.1, Sect. 8)
What has the court used to apply the non-delegation doctrine? - CORRECT ANSWER
the court has used the intelligible principle
Under the approach of using the intelligible principle, Congress does not violate what? -
CORRECT ANSWER the prohibition against delegating its legislative powers as long as
it sets the boundaries of the agency's authority
Mistretta v. United States - CORRECT ANSWER - U.S. Supreme Court, 1989
- The defendant Mistretta contended that the establishment of the U.S. Sentencing
Commission was unconstitutional as a violation of separation of powers
- The court ruled that the establishment of the U.S. Sentencing Commission was
unconstitutional
Until the legislative veto was declared unconstitutional, Congress reserved the right to?
- CORRECT ANSWER veto rules or orders in almost 200 statutes
The legislative veto violates the requirements of what two things? - CORRECT
ANSWER - Presentment
- Bicameralism
Presentment - CORRECT ANSWER a bill should be presented to the president to sign
or veto
Bicameralism - CORRECT ANSWER bills should be passed by both houses of
Congress
,Immigration and Naturalization Service v. Chadha - CORRECT ANSWER - U.S.
Supreme Court, 1989
- The defendant, Chadha challenged the constitutionality of an Immigration and
Nationality Act provision allowing either the House or Representatives or the Senate,
acting individually to overturn the Attorney General's suspension of deportation
proceedings by passing a resolution stating in substance that the deportation
suspension is not favored.
- The court ruled that where the action of either house of Congress is legislative in
nature, such action is subject to the presentment and bicameral requirements of Article
1 of the Constitution.
Congress sought to increase its influence over agency administration by participating
in? - CORRECT ANSWER their appointment or removal
The Supreme Court has declared all efforts of Congress to increase its influence over
agency administration through appointment power to be unconstitutional except? -
CORRECT ANSWER the limitations on the president's power of removal
Article II, Clause 2, of the U.S. Constitution requires that the president? - CORRECT
ANSWER "shall nominate ---- with the advice and consent of the Senate."
What is one issue regarding the appointment of "officers of the U.S."? - CORRECT
ANSWER one issue is if officers of the U.S. must be appointed by the President, are
there employees who are not officers of the U.S., and may therefore be chosen by
Congress
Buckley v. Valeo - CORRECT ANSWER - U.S. Supreme Court, 1976
- Members of the Federal Election Commission were to be appointed by a method
deviating from Article II, Cl. 2 of the Constitution.
- The Supreme Court ruled that officers of the United States must be appointed in a
manner consistent with Article II, Cl. 2 of the Constitution.
The Constitution speaks directly about the President's authority to appoint " officers of
the U.S." It is silent on the President's authority to? - CORRECT ANSWER remove
them
The Supreme Court has addressed the issue of Congress' authority to limit what in
regards to the power of appointment? - CORRECT ANSWER to limit the president's
authority to remove executive officials
The court also considered whether Congress can do what in regards to removal? -
CORRECT ANSWER whether Congress can directly remove executive officials
Myers v. US - CORRECT ANSWER - Myers v. U.S. is the first case to address the
issue of the President's removal powers. President Harding dismissed Myers
, (Postmaster) without the Senate's concurrence. He sued for back pay in the Court of
Claims.
- The court upheld Myer's dismissal on the ground that the Constitution did not assign to
Congress a role in the removal of administrators
- The court distinguished that the power to prevent removal is different from advice and
consent
Power of removal is incidental to? - CORRECT ANSWER executive power of
appointment, and express mandate to take care that the laws be faithfully executed
Humphrey's Executor v. United States - CORRECT ANSWER - U.S. Supreme Court,
1935
- The plaintiff Humphrey contended that the President could not remove him as
commissioner of the Federal Trade Commission merely because of a difference in
philosophy.
- The court ruled that the president cannot remove officials whose agency functions are
quasi-legislative and quasi-judicial in nature, and not merely extensions of the Executive
Branch of government.
Morrison v. Olson - CORRECT ANSWER - U. S. Supreme Court, 1988
- The independent counsel provisions of the Ethics in Government Act were challenged
as unconstitutional
- The plaintiff, Olson alleged that a provision of the Ethics in Government Act
impermissibly interfered with the President's exercise of his constitutionally appointed
functions
- The court ruled that the Independent Counsel provision of the Ethics in Government
Act is not unconstitutional
- The court concluded that the Constitution does not require that an independent
counsel be terminated at will by the president.
The 1960's was a period of growth in? - CORRECT ANSWER the media and an
increased interest in investigative journalism
The media called for legislation that would open the decision-making process of
agencies. From this came? - CORRECT ANSWER the first Freedom of Information Act
in 1966, it created a new right of access to government information
In what year did Congress pass amendments that strengthened the right of access to
government information from the Freedom of Information Act in 1966? - CORRECT
ANSWER 1974
What section of the APA is what is usually referred to as the Freedom of Information Act
(FOIA)? - CORRECT ANSWER Section 552 of the Administrative Procedure Act
Some of the provisions of the FOIA continue the requirements of the? - CORRECT
ANSWER APA
QUESTIONS & DETAILED COMPLETE
SOLUTIONS ALL PASSED
Why is agency structure important? - CORRECT ANSWER agency structure is relevant
in administrative law because an advocate representing a regulated entity might seek to
block agency action by arguing that the action is invalid because the agency is
structured in an unconstitutional manner
Agencies have what type of authority? - CORRECT ANSWER rulemaking authority
The Constitution authorizes the delegation of rulemaking to agencies because of? -
CORRECT ANSWER Congress's power under the necessary and proper clause (U.S.
Const. Art.1, Sect. 8)
What has the court used to apply the non-delegation doctrine? - CORRECT ANSWER
the court has used the intelligible principle
Under the approach of using the intelligible principle, Congress does not violate what? -
CORRECT ANSWER the prohibition against delegating its legislative powers as long as
it sets the boundaries of the agency's authority
Mistretta v. United States - CORRECT ANSWER - U.S. Supreme Court, 1989
- The defendant Mistretta contended that the establishment of the U.S. Sentencing
Commission was unconstitutional as a violation of separation of powers
- The court ruled that the establishment of the U.S. Sentencing Commission was
unconstitutional
Until the legislative veto was declared unconstitutional, Congress reserved the right to?
- CORRECT ANSWER veto rules or orders in almost 200 statutes
The legislative veto violates the requirements of what two things? - CORRECT
ANSWER - Presentment
- Bicameralism
Presentment - CORRECT ANSWER a bill should be presented to the president to sign
or veto
Bicameralism - CORRECT ANSWER bills should be passed by both houses of
Congress
,Immigration and Naturalization Service v. Chadha - CORRECT ANSWER - U.S.
Supreme Court, 1989
- The defendant, Chadha challenged the constitutionality of an Immigration and
Nationality Act provision allowing either the House or Representatives or the Senate,
acting individually to overturn the Attorney General's suspension of deportation
proceedings by passing a resolution stating in substance that the deportation
suspension is not favored.
- The court ruled that where the action of either house of Congress is legislative in
nature, such action is subject to the presentment and bicameral requirements of Article
1 of the Constitution.
Congress sought to increase its influence over agency administration by participating
in? - CORRECT ANSWER their appointment or removal
The Supreme Court has declared all efforts of Congress to increase its influence over
agency administration through appointment power to be unconstitutional except? -
CORRECT ANSWER the limitations on the president's power of removal
Article II, Clause 2, of the U.S. Constitution requires that the president? - CORRECT
ANSWER "shall nominate ---- with the advice and consent of the Senate."
What is one issue regarding the appointment of "officers of the U.S."? - CORRECT
ANSWER one issue is if officers of the U.S. must be appointed by the President, are
there employees who are not officers of the U.S., and may therefore be chosen by
Congress
Buckley v. Valeo - CORRECT ANSWER - U.S. Supreme Court, 1976
- Members of the Federal Election Commission were to be appointed by a method
deviating from Article II, Cl. 2 of the Constitution.
- The Supreme Court ruled that officers of the United States must be appointed in a
manner consistent with Article II, Cl. 2 of the Constitution.
The Constitution speaks directly about the President's authority to appoint " officers of
the U.S." It is silent on the President's authority to? - CORRECT ANSWER remove
them
The Supreme Court has addressed the issue of Congress' authority to limit what in
regards to the power of appointment? - CORRECT ANSWER to limit the president's
authority to remove executive officials
The court also considered whether Congress can do what in regards to removal? -
CORRECT ANSWER whether Congress can directly remove executive officials
Myers v. US - CORRECT ANSWER - Myers v. U.S. is the first case to address the
issue of the President's removal powers. President Harding dismissed Myers
, (Postmaster) without the Senate's concurrence. He sued for back pay in the Court of
Claims.
- The court upheld Myer's dismissal on the ground that the Constitution did not assign to
Congress a role in the removal of administrators
- The court distinguished that the power to prevent removal is different from advice and
consent
Power of removal is incidental to? - CORRECT ANSWER executive power of
appointment, and express mandate to take care that the laws be faithfully executed
Humphrey's Executor v. United States - CORRECT ANSWER - U.S. Supreme Court,
1935
- The plaintiff Humphrey contended that the President could not remove him as
commissioner of the Federal Trade Commission merely because of a difference in
philosophy.
- The court ruled that the president cannot remove officials whose agency functions are
quasi-legislative and quasi-judicial in nature, and not merely extensions of the Executive
Branch of government.
Morrison v. Olson - CORRECT ANSWER - U. S. Supreme Court, 1988
- The independent counsel provisions of the Ethics in Government Act were challenged
as unconstitutional
- The plaintiff, Olson alleged that a provision of the Ethics in Government Act
impermissibly interfered with the President's exercise of his constitutionally appointed
functions
- The court ruled that the Independent Counsel provision of the Ethics in Government
Act is not unconstitutional
- The court concluded that the Constitution does not require that an independent
counsel be terminated at will by the president.
The 1960's was a period of growth in? - CORRECT ANSWER the media and an
increased interest in investigative journalism
The media called for legislation that would open the decision-making process of
agencies. From this came? - CORRECT ANSWER the first Freedom of Information Act
in 1966, it created a new right of access to government information
In what year did Congress pass amendments that strengthened the right of access to
government information from the Freedom of Information Act in 1966? - CORRECT
ANSWER 1974
What section of the APA is what is usually referred to as the Freedom of Information Act
(FOIA)? - CORRECT ANSWER Section 552 of the Administrative Procedure Act
Some of the provisions of the FOIA continue the requirements of the? - CORRECT
ANSWER APA
