Educational Opportunities Explore the five pillars of the administrative state
Explore the five pillars of the administrative state
If you're looking to expand your understanding of the administrative state, these concepts are key to understanding the main areas of debate about the nature and scope of administrative agency action. The concepts are:
Ballotpedia has a series of Learning Journeys designed to guide you through each pillar. Each Learning Journey is a short, digestible email series providing the key information you need to know about important aspects of the administrative state.
What is nondelegation?
The nondelegation doctrine is a principle of constitutional and administrative law that holds that legislative bodies cannot delegate their legislative powers to executive agencies or private entities. In other words, lawmakers cannot allow others to make laws.
Learning about the nondelegation doctrine
The Nondelegation Doctrine
Over the course of this journey, we take a look at the origins of the nondelegation doctrine, notable milestones in its development, and contemporary arguments supporting and opposing its application.
Separation of Powers
The separation of powers refers to a system of government that distributes the powers and functions of government among separate and independent entities. The separation of powers is one of the foundational principles used to argue for the existence of a robust nondelegation doctrine.
Enumerated Powers
The term enumerated powers refers to the specific actions that, in the federal context for example, Congress alone is authorized to take and to which its authority is limited by Article 1, Section 8 of the Constitution. Along with the separation of powers, the interpretation of the enumerated powers is central to understanding debates around the nondelegation doctrine.
The Congressional Review Act
The Congressional Review Act (CRA) is a federal law passed in 1996 that affords Congress a check on the rulemaking activities of federal agencies. The law creates a review period during which Congress, by passing a joint resolution of disapproval later signed by the president, can overturn a new federal agency rule and block the issuing agency from creating a similar rule in the future.
What is judicial deference?
Judicial deference to administrative agencies is a principle of judicial review that applies when a court yields to an agency's interpretation of either a statute or regulation promulgated by the agency. In other words, when a law or regulation is challenged in court, the agency's interpretation is upheld if it is considered to be reasonable, even if the court would prefer a different interpretation.
Learning about judicial deference
Judicial Deference
This Learning Journey guides you through the basics of judicial deference,the three major deference doctrines, notable cases, and arguments for and against its use.
Judicial Review
In this three-part series, we discuss how the judicial branch interprets the law and has the power to overturn government actions. We also look at how judicial review influences the administrative state and functions as a theoretical check on executive branch rulemaking activities.
The Separation of Powers
Separation of powers refers to a system of government that distributes the powers and functions of government among separate and independent entities. In the context of judicial review, the separation of powers is one of the foundational doctrines on which the relationship between the agencies (controlled by the executive branch) and the judiciary rests.
Chevron Deference
Chevron deference, or Chevron doctrine, is an administrative law principle that compels federal courts to defer to a federal agency's interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer. The principle derives its name from the 1984 U.S. Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and is one of the main forms of judicial deference in the United States.
The Many Types of Deference
In addition to Chevron deference, there are other standards of deference which may apply in cases of judicial review. This Learning Journey guides you through other major types of deference doctrines as well as selection of lesser-known doctrines applied by federal courts when reviewing federal agency actions.
What is executive control of agencies?
Executive control of agencies is primarily exercised through appointment and removal power—the authority of an executive to appoint and remove officials in the various branches of government. In the context of the federal government, the president has the authority to appoint officers of the United States, including federal judges, ambassadors, and Cabinet-level department heads.
Learning about executive control of agencies
Executive Control
This Learning Journey guides you through the current state of executive control, the various mechanisms by which it is exercised, and the leading arguments in the debate over the appropriate degree of executive control over agencies.
Appointment and Removal Power
Appointment and removal power, in the context of administrative law, refers to the authority of an executive to appoint and remove officials in the various branches vested in its authority to do so. In the context of the federal government, the Appointments Clause of the United States Constitution vests the president with the authority to appoint officers of the United States, including federal judges, ambassadors, and Cabinet-level department heads.
Executive Reorganization Authority
Presidential reorganization authority, in the context of administrative law, refers to the president's authority to reorganize the structure and responsibilities of federal agencies. The president has the independent authority to reorganize federal agencies within existing statutory limits. However, Congress must delegate reorganization authority in order for the president to implement statutory changes to federal agencies.
Executive Authority Over Regulatory Review
In federal administrative law, regulatory review refers to processes used by Congress, the president, and the courts to oversee the rules, regulations, and other policies issued by federal agencies. Regulatory review may involve an examination of the content or effect of a rule, its estimated economic costs and benefits, or the adherence of the rule and the rulemaking agency to procedural requirements.
Civil Service
The civil service is made up of individuals other than military personnel who are employed by the federal government. These individuals, also known as civil servants, are sometimes referred to as government bureaucrats or career administrators. In the context of administrative law, a civil servant is a civilian who is employed by a federal administrative agency.
Notable Court Cases Related to Executive Power
This Learning Journey guides you through the judicial cases that have shaped the executive appointment and removal power, giving you an understanding of how executive appointment and removal power has evolved through time as well as an overview of how arguments over executive appointment and removal power have been used in a legal context.
What are procedural rights?
Procedural rights encompasses debates about individual due process and standing before administrative agency adjudication and enforcement actions. Procedural rights also include citizen access agency rulemaking processes and decision making proceedings. Procedural due process addresses the government's obligation to ensure that legal procedures are carried out in a fair and just manner (e.g., the right to a trial by a jury of one's peers). Standing is a legal doctrine applied by Article III courts to determine whether a prospective plaintiff in a case has suffered a legal injury as the result of an action by the defendant. Plaintiffs must first demonstrate standing in order to obtain judicial review of their complaint.
Learning about procedural rights
Due process in the context of the administrative state
In this Learning Journey, you will learn how the concept of due process is applied within the administrative state. You will be guided through an explanation of procedural due process and how due process applies in both adjudication and administrative lawmaking.
Procedural due process in administrative standing.
For a case to obtain judicial review, it must first demonstrate standing. In this series, we guide you through how standing is granted as well as the major arguments for both broad and narrow applications of standing.
Procedural due process in administrative adjudication
Adjudication, in the context of administrative law, is defined by the Administrative Procedure Act as an "agency process for the formulation of an order." Adjudication proceedings include agency determinations outside of the rulemaking process that aim to resolve disputes between either agencies and private parties or between two private parties. This Learning Journey will guide you through how procedural due process rights are applied in administrative adjudication.
Procedural due process in judicial review
Judicial review refers to the power of courts to interpret the law and overturn any legislative or executive actions that are inconsistent with the law. Procedural rights address the government's obligation to ensure that legal procedures are carried out in a fair and just manner (e.g., the right to a trial by a jury of one's peers). This Learning Journey will guide you through how these rights are applied when the courts review laws or legislative or executive actions.
Notable court cases pertaining to procedural due process and the administrative state
Join us as we guide you through court cases that have shaped the scope of procedural due process rights in the context of the administrative state. We'll review court cases that have defined the concept of due process over time as well as that have clarified the scope of liberty and property interests. We will also explore court cases that have shaped the concept of due process in the context of administrative rulemaking, adjudication, enforcement, standing, and judicial review.
What are agency dynamics?
Agency dynamics is a term used to refer to the structure and function of administrative agencies. While the majority of agencies are housed under the executive branch, others are established as independent federal agencies or are housed under the legislative or judicial branches. These structural variations impact agency oversight as well as agency interactions across branches.
Learning about agency dynamics
What is an Agency?
The American government possesses numerous federal agencies that oversee almost every aspect of life. This Journey will take you through the structure and function of administrative agencies within a constitutional framework as well as debates about agency dynamics at play.
An Overview of Agency Dynamics
"Agency dynamics" is a term used to refer to the structure and function of administrative agencies as well as the nuts and bolts of agency functions, including rulemaking and adjudication proceedings. We will guide you through the types of agencies and their functions as well as introduce you to the main areas of discussion and debate around these dynamics.
Agency Dynamics in Adjudication
This Learning Journey guides you through one of the main functions of agencies, the adjudication of disputes between agencies, members of the public, and other entities. Adjudication is a quasi trial-like process that aims to resolve regulatory disputes between agencies and private parties or between two private parties.
The Administrative Procedure Act
The Administrative Procedure Act (APA) is a federal law passed in 1946 that established uniform rulemaking and adjudication procedures for federal agencies. The APA also addresses procedures for policy statements and licenses issued by agencies and provides for judicial review of agency adjudications and other final decisions. This Learning Journey guides you through the history of the Administrative Procedure Act, its processes, and related debates.
