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How Do Learning Journeys Work?

1. Click on the links below to be taken to a page where you can sign up for the learning journey that interests you.
2. Check your inbox! We'll send you an email each day of the series.
3. Read, click around, and explore. We'll pack the email with examples, ways to interact with the content, and opportunities to connect with the Ballotpedia team.
4. Celebrate and share your newfound knowledge.

Explore Our Educational Opportunities

Ballotpedia offers something for everyone. Already know what you're interested in? Click a topic in the list below to jump to the educational opportunities that are right for you, or continue scrolling to see everything we have to offer.

• Our Learning Journeys
  • The Administrative State
    • Nondelegation
    • Judicial Deference
    • Executive Control of Agencies
    • Procedural Rights
    • Agency Dynamics
    • Federalism
  • Other Ballotpedia Learning Journeys
  • Partnership Learning Journeys
• Our Expeditions

Our Learning Journeys

The Administrative State

Our administrative state coverage is organized around five key themes, called pillars, which are necessary to understand the administrative state. For each pillar, we offer several Learning Journeys designed to help you understand that pillar and its impact on the administrative state. Click here to learn more about the pillars and their related journeys.

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.

• 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.
• The 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. 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.
• Enumerated Powers- The term enumerated powers refers to the specific actions that, in the federal context, Congress alone is authorized to take. Its authority is limited to these powers 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.

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.

• 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 a selection of lesser-known doctrines applied by federal courts when reviewing federal agency actions.

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.

• Executive Control of Agencies- 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.
• What is the 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.

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.

• 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 Adjudiciation- 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 in the Context of 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.

Agency Dynamics

• 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.
• What is an Agency?- This Learning Journey guides you through the structure and function of administrative agencies within the constitutional framework as well as debates about agency dynamics at play.
• Agency Dynamics in Adjudication- Adjudication is a quasi trial-like process that aims to resolve regulatory disputes between agencies and private parties or between two private parties. 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.
• 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.

Federalism

• Federalism- "Federalism" refers to a system of government that divides power between member units and a common governing authority; the term can also be used to refer to the theory of or advocacy for this form of government. In the United States, the federal government is the common governing body to which the individual state governments belong. This Learning Journey provides background on federalism, explains what federalism is, and examines how it has changed.
• Unfunded Mandates- "Unfunded Mandates" Unfunded mandates are regulations or other requirements imposed by a higher level of government on a lower one without accompanying funding to cover the costs of compliance. Discover how unfunded mandates reveal the complex power dynamics between federal, state, and local governments in the American federalist system.

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Other Learning Journeys

• The Presidential primaries in Iowa and New Hampshire- This Learning Journey guides you through the history of why these state primaries matter, as well as how the results of the early primaries can affect the rest of the presidential election cycle.
• K-12 Education Curriculum Authority- This Learning Journey unveils the core principles that govern the American educational landscape. This knowledge will help you understand the significance of curriculum authority in shaping the future of our educational system.
• K-12 Education Content Standards in the States- This Learning Journey unveils the core principles that govern the American educational landscape. This knowledge will help you understand the significance of content standards in shaping the future of our educational system.
• Criminal Justice: Collective Bargaining Agreements- This Learning Journey guides you through an introduction to police collective bargaining agreements and takeaways from Ballotpedia’s research on police CBAs in the 50 states and top 100 U.S. cities.
• Criminal Justice: Arguments and reform approaches to policing policy- This Learning Journey guides you through an introduction to the main areas of debate and reform proposals related to hiring, training, and discipline of police officers. This Learning Journey presents general overviews of a selection of arguments and proposals in these areas.
• Environmental, Social, and Corporate Governance (ESG)- This Learning Journey provides you with an understanding of what ESG is, why it matters, as well as key terms and arguments around this investment approach.

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Partnership Learning Journeys

Ballotpedia has partnered with other nonprofits to bring you the following Learning Journeys:

The Bill of Rights Institute

Since its founding in 1999, the Bill of Rights Institute (BRI) has published 22 curricula for elementary, middle, and high school classrooms including a \U.S. History textbook entitled Life, Liberty, and the Pursuit of Happiness. In addition, BRI hosts professional development events throughout the country and provides scholarship opportunities for students. All of the Institute’s resources are completely free and accessible in digital forms and designed to drive students to the Constitution as the foundation of their analysis of American history.

• Baker v. Carr- Baker v. Carr was a landmark United States Supreme Court case which enabled federal courts to hear redistricting cases. This Learning Journey will guide you through the background of the case, the merits of each side involved, as well as the lasting impact the decision had on our constitutional system.
• Marbury v. Madison- Marbury v. Madison is one of the most important foundational court cases of the American judiciary system. This Learning Journey will guide you through the founding principles of the American judiciary, the details of the Marbury case, and its lasting impacts on American society.

The Center for Free, Fair, and Accountable Democracy

CFFAD provides nonpartisan civic education for adults age 18 and above, focused on the benefits of representative democracy, the foundations of trust in representative democracy, and the role of citizens in defending their democracies.

• Liberal, Republican Democracy- When discussing our system of government, many people use the words “democracy,” “republic,” “republican,” and “liberal”. Clarity of definitions is essential for understanding the U.S. form of government. This short Learning Journey will help you sort things out.
• The Presidency and the Constitution- In this Learning Journey, we take you through which of the president's powers are explicitly guaranteed by the Constitution and help you learn about why the founders created the executive branch.
• The Evolution of the Presidency- The role of the president in American politics has evolved and changed over America's history. This Learning Journey will guide you through how presidential elections have changed over time as well as which laws, court cases, and legal theories have influenced the development of the presidency.

Common Sense Media

Common Sense Media is a nonprofit organization dedicated to improving the lives of children and families by providing trustworthy information, education, and an independent voice.

• News Literacy- News literacy is a subset of media literacy focused on helping people to process and understand news media messages, to locate more factual and credible information, and to think critically about what counts as news. This Learning Journey is made for students and anyone who wants to brush up on their news literacy.

Our Expeditions

Want to learn even more? Try one of our Expeditions. Ballotpedia's Expeditions are designed for anyone who wants to dive deeply into one of the pillars of the administrative state. In Ballotpedia Expeditions, we explore these pillars through carefully curated readings in order to introduce you to the concepts that matter in government today.

Nondelegation

In this Expedition, you’ll have the opportunity to learn about what the nondelegation doctrine is and why it’s so important to constitutional and administrative law scholarship.

Judicial Deference

The Judicial Deference Expedition and will guide you through the nuances of judicial deference. You’ll learn about different types of deference, how scholars view the intersection of deference and the Constitution, and the different ways judges apply deference in court cases.

Looking for new horizons?

Have a journey you would like to take? Email us at editor@ballotpedia.org.