d. none of the above
____________ stated, “ The Congress may not delegate its purely legislative
power to a commission, but, having laid down the general rules of action under
which a commission shall proceed, it may require of that commission the
application of such rules to particular situations and the investigation of facts,
with a view to making orders in a particular matter within the rules laid down by
the Congress.”
a. William Howard Taft
b. Charles Evans Hughes
c. Thurgood Marshall
d. William R. Day
denied, that power is of an encroaching nature, and that it ought to be effectually
restrained from passing the limits assigned to it. After discriminating therefore in
theory, the several classes of power, as they may in their nature be legislative,
executive, or judiciary; the next and most difficult task, is to provide some
practical security for each against the invasion of the others. What this security
ought to be, is the great problem to be solved.
a. Thomas Jefferson
b. James Madison
c. Benjamin Franklin
d. none of the above
rules to Congress before they can take effect. The Act prevents rules that impose
significant costs on the economy from becoming effective until sixty days after
their submission to Congress.
a. Federal Power Act
b. Congressional Review of Agency Decisionmaking Act of 1996
c. Administrative Procedure Act of 1946
d. none of the above
over administrative agencies include _____________.
a. the appointment and removal powers
b. the power to issue executive orders
c. the president’s role in the budgetary process.
d. all of the above
the bureaucracy include ____________________.
a. the due process clauses
b. the eminent domain clause
c. the privilege against self-incrimination
d. the right to counsel
from a public school constituted deprivation of property within the meaning of the
Due Process Clause.
a. Mathews v. Eldridge (1976)
b. Goldberg v. Kelly (1970)
c. Goss v. Lopez (1975)
d. none of the above
ESSAY QUESTIONS
1. To what extent has the Commerce Clause in the U.S. Constitution served as the
basis for Congress to create federal agencies to promulgate and enforce far-
reaching social, economic, and environmental regulations. Cite examples of
federal agencies whose programs are based directly on legislation enacted under
the Commerce Clause.
2. What are the principal arguments advanced by proponents of delegation of
3. Why has Congress found it necessary to delegate so much of the responsibility for
public policy making to regulatory agencies? What has the Supreme Court said
about the delegation of legislative power to the executive branch? Evaluate the
position of the current Court on this subject. Finally, what means does Congress
have at its disposal to monitor and check the abuse of delegated power?
4. What are the constitutional sources of power by which the president can exercise
HYPOTHETICAL PROBLEM (FOR CLASSROOM DISCUSSION OR ESSAY EXAMINATION):
The state of Hibernia has a statute that authorizes the Alcoholic Beverage Control Board, a
body whose members are appointed by the Governor, to issue licenses for the sale and
dispensing of alcoholic under conditions provided for by law. The Board is empowered to
establish the distance requirements between alcoholic beverage vendors and places of
worship and schools. Although the statute does not specifically delegate authority to the
Board to regulate hours for sale of alcoholic beverages; it authorizes the Board to
promulgate such rules and regulations as if finds necessary for regulating the sale and
dispensing of alcoholic beverages within the state “in the interest of the public health, safety,
and welfare.” The Board recently held a public hearing to consider adopting a regulation
INTRODUCTION OF TOPIC IN LECTURE:
Introducing Students to the Concept of the Modern Administrative State:
Many students will be surprised to learn the size of the modern bureaucracy. On one
hand, students that have had experience with the bureaucracy are usually well aware of
the term “bureaucratic red tape.” On the other hand, many students will be amazed at the
size of the bureaucracy, which functions as an extension of the executive branch, but in
some instances also operates as quasi-legislative and quasi-judicial entities. One way to
illustrate the expansive scope of the executive agencies employed into today’s society is
the use of the following governmental website:
QUESTIONS FOR WEBSITE:
1. Briefly discuss the various mechanisms in which Congress can utilize to retain control
over executive agency discretion.
Sample Answer: While Congress has found it necessary or expedient to delegate
much of its legislative authority to the executive branch, it has attempted to maintain
control over executive decisions arising out of the exercise of delegated authority.
Executive agencies in many circumstances do not merely promulgate but they also
implement and enforce regulations, the traditional concept of separation of powers
notwithstanding. Thus, Congress, through a variety of mechanisms, has attempted to
retain control over agency discretion. These attempts include informal means as well as
more formal mechanisms, such as attaching riders to agency appropriations bills,
conducting oversight hearings, and reducing agency budgets. However, if Congress is
extremely dissatisfied with the performance of a particular agency, it may rewrite the
statute that created the agency in the first instance. By amending the appropriate
2. Discuss the importance of due process of law in the context of administrative actions.
Cite specific Supreme Court decisions in your response.
3. Discuss how the power entrusted to the modern administrative state increases the
likelihood that government actions will impinge on individual interests that are protected
by the Bill of Rights. Specifically, discuss such implications for the Fourth, Fifth and
Sixth Amendments. Cite specific Supreme Court cases in your discussion.
4. Briefly discuss the various philosophies that have aided in the development of the
modern administrative state.
5. The delegation of legislative powers to the executive branch is not the only separation
of powers problem arising from the structure of the modern administrative state. Discuss
the additional separation of powers concerns.
