Chapter 6 - Law and Society

Administrative Law

a form of regulation by government in which the executive branch, through agencies and officials, creates, enforces, and adjudicates rules in the public interest, often without relying on traditional court processes.

More specifically, it involves:

• Government agencies acting on behalf of the executive to regulate areas of society

• The use of expert knowledge to address complex social, economic, or technological issues

• A focus on preventing future harm, rather than just resolving disputes after they occur

• The ability to carry out actions “from first to last without the intervention of a law court”

Limited Government

The idea that the government’s power is restricted by the Constitution and confined mainly to protecting life, liberty, and property. It operates through structures like the Bill of Rights, separation of powers, and federalism, which prevent the government from becoming too powerful or interfering excessively in citizens’ lives.

Growth of administration over time/eras

The gradual development and expansion of government agencies and regulatory power, shifting from a limited, court-based system to a complex, expert-driven administrative state focused on managing and preventing societal problems.

Administrative Absolutism

Refers to a situation in which administrative agencies gain so much power that they begin to overshadow or replace the role of courts and the traditional rule of law.

In the passage, it means:

• The rule of law (common law) is weakened

• Decision-making shifts to government agencies (“rule by government determination”)

• Power becomes centralized in administrative bodies, sometimes described as a “headless fourth branch”

• This expansion of power may operate outside or beyond normal constitutional limits

Administrative State

A system of government in which administrative agencies and officials play a central role in creating, implementing, and enforcing regulations across society.

It is characterized by:

• The expansion of government agencies beyond the original small federal structure

• The use of experts and specialized knowledge to manage complex issues (like commerce, labor, and technology)

• A shift from courts handling problems after the fact to agencies acting proactively to regulate and prevent harm

• Government authority being exercised through rules and regulations, not just laws passed by legislatures or decisions made by courts

Nondelegation

The constitutional principle that each branch of government—legislative, executive, and judicial—is limited to its own sphere of authority and is barred from delegating its powers or duties to other entities. In other words, Congress makes laws, the executive enforces them, and the judiciary interprets them, and none should hand off these responsibilities to another branch.

Declarations vs. treaties

Declarations are informal agreements between states or agencies, such as the Transatlantic Declaration of 1990, which do not rise to the level of formal treaties and thus do not require constitutional authorization from the president. In contrast, treaties are formal agreements that fall under the president’s constitutional authority to oversee as part of executive duties. The text highlights that administrative law often uses the terminology of “declaration” rather than “treaty” to maintain regulatory authority without triggering formal constitutional requirements.

Rulemaking vs. Legislation

Rulemaking is the process by which administrative agencies formulate, amend, enforce, or repeal rules within their area of oversight as authorized by Congress. A rule is an agency statement of general or particular applicability that governs how organizations provide goods or services to the public.

Legislation, on the other hand, refers to the creation of laws by the legislative branch of government, a power constitutionally reserved to Congress. Administrative agencies avoid calling their actions “laws” or “lawmaking”; instead, they issue rules, so that their regulatory authority remains within the framework permitted by the Administrative Procedure Act and does not violate the constitutional separation of powers.

Adjudication

The process of resolving disputes or determining outcomes in a legal or regulatory context:

• Under common law, adjudication is reactive, addressing a harm or injury that has already occurred, with the goal of remedying a specific wrong between parties, guided by precedent and formal legal procedures.

• Under administrative law, adjudication is preventive and technical, focused on cases with wider societal implications, aiming to prevent future harm in the public interest. Administrative adjudication is conducted by administrative law judges and generally does not follow formal rules of evidence or allow juries, giving agencies flexibility to apply expertise in specialized areas.

Federal Bureau of Labor Statistics

Established in 1884, is described as the premier commission or advisory board for collecting data on a range of social problems in work and everyday living, with the purpose of objectively identifying social ills and informing government or policy responses.

Its role emphasizes systematic data collection to provide a factual foundation for addressing societal issues, particularly those arising from technological and industrial changes during the Progressive Era.