WELCOME TO ADMINISTRATIVE LAW!

INSTRUCTOR: ANN SANOK

OVERVIEW OF COURSE

• Learn the basics of Administrative Law• Discussion Board• Quizzes most Units• Mid-term Unit 5• Final Project – begins in Unit 2• Final Project Due Unit 8• Final Exam Unit 9

More boring stuff ……

• Seminars are Wed @ 9:00 p.m. EST• Post at least three responses on the DB plus one

original post• Do not plagiarize, cut and paste posts. Summarize

information. okay to include an interesting link• Get your work on time! Ask for an extension if you

need one. I am reasonable!!

• First…any questions?

• Lets get going!!!

What the heck is an administrative agency?

• Examples: The Department of Revenue; Ohio Department of Motor Vehicles; Massachusetts Department of Industrial Accidents; The Veteran’s Administration; The Food and Drug Administration; The Environmental Protection Agency….

• As you can see, administrative agencies exist on both the federal and state level.

Different than the three branches

• Administrative agencies are sometimes called the 4th branch of gov’t – but they are NOT an actual “branch” of the government under the constitution.

• Quiz Alert!

Rose is a rose by any other name..

• Administrative agencies have many names, including departments, commissions, bureaus, councils, groups, services, divisions, and agencies. Agencies often also have sub-units bearing these names.

Constitutional Sources:

• Article I of the Constitution establishes the powers of the government, including creating agencies.

• Quiz Alert!

A bit of history….

• Beginning in 1933, President Franklin D. Roosevelt and the Democratic Congress enacted several statutes that created new federal agencies as part of the New Deal, designed to deliver the United States from the social and economic hardship of the Great Depression.

• However, following the Great Depression and World War II the Congress became concerned about the expanding powers that federal agencies possessed, resulting in the enactment of the APA to regulate and standardize federal agency procedures

Agencies become official..

• Congress enacted the Administrative• Procedure Act (APA)1 in 1946.

Why the growth of so many agencies?

Running this country is a big job…

• Although there is no specific Constitutional provision establishing administrative agencies, agencies exist because the job of government is too complex for Congress, the courts, and the executive branch to handle without help, and the job of governing demands a high degree of specialized expertise.

ENABLING STATUTE

A statute that establishes an agency and sets forth the responsibilities and authority of that agency is an enabling statute.

Congress enacts enabling laws at the federal level and state legislatures do so at the state level. A group of statutes may combine to constitute an agency’s enabling laws.

Other legislation aimed at all or a group of agencies may also direct an agency to do something or behave in a certain manner. One such law is the Administrative Procedure Act.

Can only Congress create agencies?• The legislature, the

president (or governor of a state) can create an executive agency.

Who runs these agencies?

• Although Congress decides how inferior federal officers are to be appointed, Congress may give this power to the president.

• Margaret Hamburg: Commission of the Food and Drug Administration

More history…

• The first federal agency with significant direct regulatory authority was the Interstate Commerce Commission

• The Interstate Commerce Commission (ICC) was a regulatory body in the United States created by the Interstate Commerce Act of 1887, which was signed into law by President Grover Cleveland.

Did you know that..

• An agency may also be characterized as either an executive agency or an independent agency.

• Executive agencies are organs of the executive branch. The highest officer in such an agency is the secretary. This person is nominated by the president of the United States and must be confirmed by the Senate of the United States. This person sits on the president’s cabinet and may be fired at the will of the president.

Remember….

• The President or Governor may issue and Executive order in regards to an agency.

• Executive orders have the same effect of statutes that are lawfully executed

More on Executive Orders….

• Despite the provisions of Article I, Section 1 of the US Constitution that reserves all federal legislative authority to congress, Presidents have increasingly used Executive Orders as if they were equivalent to an act of Congress.

• Executive Orders (EOs) are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies.

• Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies.

Examples of Executive Orders..

Many important policy changes have occurred through Executive Orders.• Harry Truman integrated the armed forces under Executive Order. • President Eisenhower used an EO to desegregate schools.

• • Presidents Kennedy and Johnson used them to bar racial discrimination in

federal housing, hiring, and contracting.

• President Reagan used an EO to bar the use of federal funds for advocating abortion.

• President Clinton reversed this order when he came into office.

One can reasonably say that…

• The increasing size and complexity of the federal bureaucracy was not anticipated by the framers of the Constitution!

BUT TIMES HAVE CHANGED..

• POPULATION:• 1775: 2,500,000• 2010: 307,006,550

THINK ABOUT IT…

• How much of your daily life is impacted by administrative agencies?

• Your work break; overtime pay; how long a tractor trailer driver can drive without sleeping; the purity of your water and air; the amount of bugs in your food..

• What else?

• This week…• The DB and a Quiz. Use this power point as a study

guide – it will help! • Read the chapters assigned! • Don’t forget to introduce yourself on the Meet Your

Classmates section. • Email me at anytime!! (last slide!)