Deck 6: Administrative Agencies in the Constitutional Scheme

Question 1

For a delegation to be constitutional, Congress must provide the delegate agency with:

A) an intelligible principle from which to act.
B) specific guidance to direct its actions.
C) no guidance is required.
D) all the above.

Answer 1

an intelligible principle from which to act.

Question 2

Which of the following is not a reason that a legislative veto law may be unconstitutional?

A) It permits one house of Congress to invalidate administrative action.
B) It bypasses presentment to the President.
C) It encroaches upon the constitutional sphere of an administrative agency.
D) All the above.

Answer 2

It encroaches upon the constitutional sphere of an administrative agency.

Question 3

Administrative law judges are:

A) Article I judges.
B) Article II judges.
C) Article III judges.
D) Article IV judges.

Answer 3

Article I judges.

Question 4

A statute that gives the government the power to enforce other legislation or that carries out a provision of a constitution is called a(n):

A) enabling act.
B) Act of Authority.
C) delegation of authority.
D) vesting.

Question 5

The test used to determine if Congress has provided an agency with sufficient guidance in the performance of a delegated duty is called:

A) act of guidance.
B) delegation test.
C) intelligible principle.
D) agency assessment.

Question 6

The rule providing that if a claim is public in nature and not private, Congress may delegate its adjudication to a non-Article III tribunal is called:

A) public rights doctrine.
B) public access doctrine.
C) non-delegation doctrine.
D) rule of adjudication.

Question 7

Which case involved administrative regulation of the manufacture Euphoria?

A) Touby v. United States
B) Gomez v. U.S.
C) Peretz v. U.S.
D) Samuels v. U.S.

Question 8

What case involved the delegation of voir dire in criminal cases?

A) Touby v. United States
B) Gomez v. U.S.
C) Peretz v. U.S.
D) Samuels v. U.S.

Question 9

What is the name of the legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies?

A) Federal Agency Act
B) Administrative Procedure Act
C) Administrative Delegation Act
D) Federal Agency Procedure Act

Question 10

What does the acronym ALJ mean?

A) Administrative Legal Judge
B) Administrative Law Judge
C) Administrative Legal Justice
D) Administrative Law Justice

Question 11

In which U.S. Supreme Court case did the court invalidate the legislative veto?

A) Touby v. United States
B) Mistretta v. United States
C) Immigration & Naturalization Service v. Chadha
D) Arizona v. California

Question 12

In which U.S. Supreme Court case did the court uphold delegation to the U.S. Sentencing Commission?

A) Touby v. United States
B) Mistretta v. United States
C) Immigration & Naturalization Service v. Chadha
D) Arizona v. California

Question 13

In which U.S. Supreme Court case did the court find a valid delegation of authority to the Secretary of the Interior because the statute ordered the secretary to consider various factors?

A) Touby v. United States
B) Mistretta v. United States
C) Immigration & Naturalization Service v. Chadha
D) Arizona v. California

Question 14

What is the doctrine that gives agencies deference to reasonable agency interpretations of the ambiguous provisions of the statutes they administer because the agencies have greater expertise and experience in their policy areas?

A) Chevron Doctrine
B) delegation doctrine
C) public rights doctrine
D) nondelegation doctrine

Question 15

Which of the following is NOT a factor used by the Court to determine whether a congressional delegation of judicial authority to an administrative agency is constitutional?

A) The origins and importance of the right(s) to be adjudicated.
B) The extent to which the essential attributes of judicial power are reserved to Article III judges.
C) The amount in controversy.
D) The reasons Congress chose to vest the adjudicatory power in an administrative officer or tribunal.

Question 16

Who appoints the heads of executive agencies?

A) the President
B) the Vice President
C) the House
D) the Senate

Question 17

Once created, agencies fall into the ________ branch of government.

A) legislative
B) executive
C) judicial
D) fourth

Question 18

For independent agencies, presidents (or officers who report to the president) often possess "for-cause" removal authority, as defined by:

A) the agency.
B) Congress.
C) the President.
D) the U.S. Supreme Court.

Question 19

In which U.S. Supreme Court case did the court strike down legislation passed by Congress as part of President Roosevelt's New Deal based on the nondelegation doctrine?

A) Touby v. United States
B) Gomez v. United States
C) Lichter v. United States
D) Schechter Poultry Corp. v. United States

Question 20

In which U.S. Supreme Court case did the court upheld a delegation to administrative officers to recover "excessive profits" when renegotiating contracts involving war goods.?

A) Touby v. United States
B) Gomez v. United States
C) Lichter v. United States
D) Schechter Poultry Corp. v. United States

Question 21

Article III establishes federal administrative agencies.

Question 22

An independent administrative agency is one which generates its own revenues through bonds and other measures, rather than relying on appropriations from Congress.

Question 23

Federal agencies are created and defined by the President.

Question 24

A transfer of lawmaking power (rulemaking) from Congress to an administrative agency is known as delegation.

Question 25

The "nondelegation doctrine"
is rooted in federalism principles.

Question 26

Congress may limit the President's power to remove the Attorney General to good cause.

Question 27

Congress may delegate the adjudication of public rights to administrative agencies.

Question 28

With the exception of independent agencies, the president acts as the chief of the administrative state.

Question 29

For purely executive agencies, presidents can direct lower officials, within the bounds of the law.

Question 30

There are no limits to the congressional delegation power to administrative agencies.

Question 31

A delegation may be violative of the Constitution if it places control over an essential function of one branch in another branch.

Question 32

During Roosevelt's New Deal, the Supreme Court invalidated several laws as excessive delegations of legislative powers.

Question 33

Informal rulemaking is known as rulemaking on the record.

Question 34

Administrative agencies may perform both quasi-legislative and quasi-judicial functions.

Question 35

The heads of executive agencies are under control of the ________.

Question 36

Malfeasance, misfeasance, and neglect of duty are commonly recognized by Congress as ________ for removal of officers of independent agencies.

Question 37

Quasi-judicial is a term applied to the ________ functions of an administrative agency.

Question 38

Quasi-legislative is a term applied to the ________ functions of an administrative agency.

Question 39

The term legislative ________ refers to any process whereby Congress reviews, and possibly reverses, an agency decision.

Question 40

Corrections ________ is part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule.

Question 41

Formal rulemaking is process used by administrative agencies to create rules and regulations required only when mandated by ________.

Question 42

The Administrative ________ Act provides that agencies may use informal rulemaking unless formal rulemaking is required by statute.

Question 43

The Intelligible ________ Test is the test used to determine if Congress has provided an agency with sufficient guidance in the performance of a delegated duty.

Question 44

The Public ________ Doctrine is the rule providing that if a claim is public in nature and not private, Congress may delegate its adjudication to a non-Article III tribunal.

Question 45

Match the term its description .

-Mistretta v. United States (1989)

A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as rulemaking
C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling legislation
H) legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies
I) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency

Question 46

Match the term its description .

-Corrections Day

A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as rulemaking
C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling legislation
H) legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies
I) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency

Question 47

Match the term its description .

-legislative veto

A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as rulemaking
C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling legislation
H) legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies
I) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency

Question 48

Match the term its description .

-formal rulemaking

A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as rulemaking
C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling legislation
H) legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies
I) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency

Question 49

Match the term its description .

-Immigration & Naturalization Service v. Chadha (1983)

A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as rulemaking
C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling legislation
H)legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies
I) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency

Question 50

Match the term its description .

-Administrative Procedure Act

A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as rulemaking
C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling legislation
H) legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies
I) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency

Question 51

Match the term its description .

-enabling act

A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as rulemaking
C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling legislation
H) legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies
I) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency

Question 52

Match the term its description .

-quasi-judicial

A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as rulemaking
C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling legislation
H) legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies
I) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency

Question 53

Match the term its description .

-delegation of powers

A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as rulemaking
C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling legislation
H) legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies
I) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency

Question 54

Match the term its description .

-quasi-legislative

A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as rulemaking
C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling legislation
H) legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies
I) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency

Question 55

Match the term its description .

-informal rulemaking

A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as rulemaking
C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling legislation
H) legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies
I) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency

Question 56

What is the difference between executive and independent agencies?

Question 57

What is the difference between quasi-legislative and quasi-judicial functions of an administrative agency?

Question 58

What is the legislative veto?

Question 59

What did the U.S. Supreme Court hold in Arizona v. California, 373 U.S. 546 (1963)?

Question 60

In Immigration & Naturalization Service v. Chadha (1983), the U.S. Supreme Court invalidated the legislative veto by a split 7-2 decision. Discuss whether you agree with the opinion of the court or whether you agree with the dissenting opinion in the case.

Question 61

In Department of Transportation v. Association of American Railroads, the U.S. Supreme Court held that Amtrak is more like a public entity than a private entity but remanded the case back to the lower court to consider questions about how Amtrak's board is appointed and whether there are due process concerns with giving Amtrak regulatory authority over its own industry. Conduct research involving the Amtrak litigation and explain your position on the issues.