Administrative Law, Rulemaking, and Statutory Authority: Constitutional Due Process and Adjudication

• Hierarchy:

• Constitution > Congressional Statutes > SCOTUS Case Law > Administrative Rules.

• Statutes:

• Organic Statutes create agencies; Enabling Statutes grant specific operational powers (e.g., APA of 1946).

• Notice-and-Comment Rulemaking:

• Requires Advance Notice (ANPRM), Public Comment Period, OMB/OIRA Review, Agency Response, and Final Rule publication in the Federal Register and Code of Federal Regulations (CFR).

Constitutional Due Process and Adjudication

• Due Process Boundary:Bi-Metallic (1915)

• Individual due process hearings are not required for generalized, broad rulemaking.

Constitutional Due Process and Adjudication

• Due Process Boundary: Londoner (1908):

• Individualized due process notice and hearings are required when agency adjudication targets specific individuals based on unique facts.

Constitutional Due Process and Adjudication

• Due Process Boundary:Adjudication Hierarchy:

• Initial decision by Administrative Law Judge (ALJ) -> Administrative Appeal -> Final Judicial Review in Article III courts.