Administrative Law - Quiz 1

___ ___ ____ ___is the comprehensive statute governing the procedures that agencies must follow when performing their functions. The federal APA was enacted in 1946.

The Administrative Procedure Act

A governmental agency having either too little or too much discretion can have a negative effect on _____

Fairness

___ ___ _____ are responsible for promoting the general welfare of the public, often including providing services or cash distributions to persons who qualify for assistance.

Social Welfare Agencies

The ___ ____ found in Article VI of the federal Constitution provides that properly enacted federal laws are superior to all state and local laws.  

Supremacy Clause

Agencies must select cases to investigate and prosecute rather than investigating and prosecuting all possible violations due to _____ __ ______

Limitations in Resources

___ ______ are responsible for prescribing or requiring certain behavior, determining compliance with the law, and prosecuting and occasionally punishing those who violate the law

Regulatory Agencies

5. A constitutional principle or structure designed to keep any group or person in government from getting too powerful. It is the division of government into three branches: executive, legislative, and judicial.

Separation of Powers

Clinton v. City of New York, 524 U.S. 417 (1998),

In _____ v. ______the U.S. Supreme Court held that the Line Item Veto  Act was unconstitutional because it gave the president the power to amend or repeal statutes without opportunity for Congress to exercise its constitutional power to override such action by 2/3 vote.

7. ___ exercises control over federal agencies in that it has the power to create, disband, and reorganize agencies; it establishes agency budgets; it sets agency policy objectives and governing rules; it engages in oversight through committees; it can reverse or amend agency-created rules and administrative decisions; and it must approve appointment of agency officers.

Congress

 The ___ is the federal agency enforcing the National Labor Relations Act, which guarantees the right of most private sector employees to organize.

NLRB

One of the constitutional principles or structures designed to keep any group or person in government from getting too powerful. It is the division of governmental powers between the federal government and state governments.

Federalism

Loper Bright v. Raimondo

Now instead of giving deference to agency interpretations

of agency-administered statutes, courts are to give

agency interpretations of agency-administered statutes

"respectful consideration."

 In the 2024 decision _____ v_____, the U.S. Supreme Court overruled its 1984 decision in Chevron.     

____ _______ are not involved with the redistribution of money nor do they regulate, instead they provide services to the public. The National Science Foundation is an example.

Service Agencies

The ___ _______ has exclusive power over, among other things, making treaties, regulating naturalization, and regulating immigration and bankruptcy.

Federal Government

Necessary and Proper

__ _______ ___ _____ clause is a provision in Article I, section 8, clause 18 of the federal Constitution. It provides that Congress may enact all laws ______ ___ _____ to carry out Congress's other enumerated powers.

United States v. Morrison, 529 U.S. 598 (2000)

In _____ v _____, the U.S. Supreme Court held that the U.S. Congress does not have the authority to “regulate noneconomic, violent criminal conduct based solely on that conduct's aggregate effect on interstate Commerce.”        

____ _________ is a federal system that recognizes both federal and state governments, but where state authority is limited to those authorities not exercised by the federal government or reserved to the people.

Dual Federalism

An intergovernmental model that describes a relationship between the federal government and state governments that is characterized by close, collaborative relations and a common objective, while respecting legal jurisdictional boundaries.

Cooperative Federalism

16. A ________ ___ is the administrative equivalent of a judicial declaratory judgment. An agency may issue a _______ ___ to terminate a controversy or remove uncertainty.

Declaratory Order

_________ ___ is a body of law that defines the powers, limitations, and procedures of administrative agencies.

Administrative Law

19. An ___ _______ is an administrative agency that was to some degree separate from the president. Various degrees of independence were common arrangements when Congress wanted to limit the presidential power of removal of agency heads.

Independent Agency

Most government agencies are created via ____ enacted by Congress or a state legislature.

Statutes

An ___ ______ is an opinion issued by an agency, upon request, that offers the agency's interpretation of law or asserts the agency's policy, practices, or procedures.

Advisory Opinion

Trump v. Slaughter

____ v. ___ (June 2026) overturned Humphreys Executor (1935).

21. Increasing interdependence between people, growing expectations of the public for more regulation, growing expectations that the government will provide services and benefits, and increasing mobility of people have all contributed to the expansion of the number and authority of administrative agencies.

Administrative State

 Most of the work of administrative agencies is ____, rather than ____, actions.

Informal, rather than formal

22. In the administrative law context, ___ refers to an agency's authority, in performance of its duties, to choose between two or more actions with few limitations.

Discretion

 A governmental agency operating under either too few or too many rules can result in an increase in the _____ __ _______

exercise of discretion

23. The federal and state governments have ___ jurisdiction over, among other things, taxation and punishing crimes.

Concurrent

___ governments have exclusive power over, among other things, police and fire protection, providing education, and most professional licensing.

Local

NFIB v. Sebelius, 567 U.S. (2012)

In _____ v. _____, the U.S. Supreme Court held that the Affordable Care Act's requirement that individuals pay a financial penalty for not obtaining health insurance is a tax and therefore a permissible exercise of Congress's authority to “lay and collect taxes ... to provide for the ... general Welfare of the United States.”

The ___ ____ is a provision in Article I, section 8, clause 3 of the federal Constitution. It provides that Congress has the power to regulate interstate commerce, commerce with foreign nations, and commerce with Indian tribes.

Commerce Clause

29. INS v. Chadha, 462 U.S. 919 (1983)

29. In ____ v. _____ the U.S. Supreme Court held that a law enabling Congress to invalidate an action delegated to an executive agency, through an action of only one House of Congress, violates the presentment clause and the requirement of bicameral congressional action and was therefore unconstitutional.

The president exercises ___ over federal agencies in that the president is the direct or indirect head of most agencies, can recommend to Congress agency reorganizations and amendments to enabling laws, has some authority to establish policy through executive orders and exerted policy oversight, and by appointing and removing agency heads.

Control