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Con law admin agencies
Posted: Fri May 06, 2011 10:26 pm
by BCLS
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?
Re: Con law admin agencies
Posted: Fri May 06, 2011 11:00 pm
by Renzo
The answer to this question is basically a whole semester of admin law.
Re: Con law admin agencies
Posted: Fri May 06, 2011 11:17 pm
by BCLS
hahaha ok i wont worry about it as much for my con law 1 final then
Re: Con law admin agencies
Posted: Fri May 06, 2011 11:38 pm
by vamedic03
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).
Re: Con law admin agencies
Posted: Sat May 07, 2011 1:53 am
by smittytron3k
(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.