Con law admin agencies

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BCLS
Posts: 567
Joined: Mon Aug 23, 2010 9:40 am

Con law admin agencies

Postby BCLS » Fri May 06, 2011 10:26 pm

Quick question guys,

Where do AA's get their power from? Also, when they make a rule or regulation, is it presented to the president for a veto? Otherwise, wouldn't this be a way for congress to get around the presentment clause?

Renzo
Posts: 4265
Joined: Tue Dec 02, 2008 3:23 am

Re: Con law admin agencies

Postby Renzo » Fri May 06, 2011 11:00 pm

The answer to this question is basically a whole semester of admin law.

BCLS
Posts: 567
Joined: Mon Aug 23, 2010 9:40 am

Re: Con law admin agencies

Postby BCLS » Fri May 06, 2011 11:17 pm

hahaha ok i wont worry about it as much for my con law 1 final then

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vamedic03
Posts: 1579
Joined: Mon Sep 29, 2008 9:50 am

Re: Con law admin agencies

Postby vamedic03 » Fri May 06, 2011 11:38 pm

BCLS wrote:Quick question guys,

Where do AA's get their power from? Also, when they make a rule or regulation, is it presented to the president for a veto? Otherwise, wouldn't this be a way for congress to get around the presentment clause?


(1) Good question
(2) No
(3) No, agencies are theoretically part of the executive

As Renzo said, the answer to this is Admin law. Honestly, even admin law doesn't really resolve question (1).

smittytron3k
Posts: 197
Joined: Fri Nov 06, 2009 4:32 pm

Re: Con law admin agencies

Postby smittytron3k » Sat May 07, 2011 1:53 am

(1) AA's exercise executive authority pursuant to their statutory mandate, which restricts the scope of the agency's discretion so as to make the exercise of its authority executive rather than impermissibly delegated legislative authority.
(2) No.
(3) The relevant legislation granting the AA authority to execute the law has to satisfy bicameralism and presentment, but the actual exercise of their authority doesn't. It's not technically lawmaking authority, but executive authority exercised pursuant to an "intelligible principle" found in the statute. See A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495

edited to add: you might want to read http://en.wikipedia.org/wiki/Nondelegation_doctrine, not that I read this page or can vouch for its accuracy.




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