List of legislation relevant to procedural rights
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| Five Pillars of the Administrative State |
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| Procedural rights |
| Read more about the administrative state on Ballotpedia. |
Procedural rights encompass 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 rights and due process are core concepts within the Public Control pillar, one of the five pillars Ballotpedia uses to understand the main areas of debate about the nature and scope of the administrative state.
The following page contains two tables. The first table lists major laws governing due process rights within the administrative state. The second table contains laws related to standing.
The laws listed in this table relate to due process within the administrative state.
| Laws relevant to due process | |||
|---|---|---|---|
| Law | Year | State or Federal | Impact |
| Magna Carta, Chapter 39 | 1215 | English | This section says no free man will be prosecuted or harmed except by the lawful judgment of his peers and by the law of the land |
| Maryland Constitution Declaration of Rights, Article 21 | 1776 | State | Contained a provision restricting punishments for people “by the judgment of his peers, or the Law of the Land” |
| North Carolina Constitution Declaration of Rights, Section 12 | 1776 | State | Contained a provision restricting punishments for people “but by the law of the land” |
| Pennsylvania Constitution Declaration of Rights, Section 9 | 1776 | State | Contained a provision restricting punishments for people "except by the laws of the land, or the judgment of his peers" |
| Virginia Constitution Bill of Rights, Section 8 | 1776 | State | Contained a provision restricting punishments for people "except by the law of the land or the judgment of his peers" |
| South Carolina Constitution, Article 41 | 1778 | State | Contained a provision restricting punishments for people “but by the judgment of his peers or by the law of the land” |
| Massachusetts Constitution Declaration of Rights, Article 12 | 1780 | State | Contained a provision restricting punishments for people “but by the judgment of his peers or the law of the land” |
| Vermont Constitution, Chapter 1, section 11 | 1786 | State | Contained a provision restricting punishments for people "except by the laws of the land, or the judgment of his peers" |
| Pennsylvania Constitution, Article 9, Section 9 | 1790 | State | Contained a provision restricting punishments for people “unless by the judgment of his peers or the law of the land” |
| Delaware Constitution, Article 1, section 7 | 1792 | State | Contained a provision restricting punishments for people “unless by the judgment of his peers or the law of the land” |
| Illinois Constitution, Article 8, section 8 | 1818 | State | Contained a provision restricting punishments for people “but by the judgment of his peers or the law of the land” |
| New York Constitution, Article 7, Section 1 | 1821 | State | Contained a provision restricting punishments for people “unless by the law of the land, or by the judgment of his peers” |
| South Carolina Constitution, Article 1, Section 14 | 1868 | State | Contained a provision restricting punishments for people "but by the judgment of his peers or the law of the land" |
| Section 1983 (Title 42 U.S. Code) | 1871 | Federal | Part of the Civil RIghts Act of 1871 and the primary means of enforcing all constitutional rights |
| Civil Rights Act of 1957, Pub. L. No. 85-315, 71 Stat. 634 | 1957* | Federal | Required the Civil Rights Commission to hold investigative hearings before a subcommittee of two or more members with at least one from each major political party and 1964 amendments provided more access to counsel |
| Georgia Code Ann. §92A-729 | 1958 | State | Georgia was the only state at the time that provided for the presence of counsel during inquisitions by officials looking into suspicious fires |
| 5 U.S.C. § 7531 | 1966* | Federal | Defined agency broadly and empowered agency heads to suspend or remove employees when they determined that removal or suspension was necessary or advisable in the interest of national security; employees with permanent appointments who were suspended were entitled to a written statement of the charges against them before removal |
| Crime Control Act of 1970, Codified in part in 18 U.S.C. § 1968(a) | 1970* | Federal | Empowered the U.S. Attorney General to require people suspected of racketeering to produce materials for investigation prior to the start of an official civil or criminal proceeding; another provision created a special grand jury to report to the court on organized crime |
| Administrative Procedure Act 5 U.S.C. § 555(b) | 1946* | Federal | Section 6a says that a person who must appear before an agency or its representative has the right to an attorney or another qualified representative if permitted |
| 50 U.S.C. § 833(a) | 1970* | Federal | Gave the Secretary of Defense the power to dismiss employees of the National Security Agency without a hearing, the right to cross-examination, the right to have the information against the employee revealed, or the right to an appeal |
| Civil Service Reform Act of 1978, 5 U.S.C. § 2301 | 1978* | Federal | Gave applicants the right to an oral hearing |
| Notes: * - These descriptions reflect the state of the law at the listed date. | |||
The laws listed in this table relate to standing within the administrative state.
| Laws relevant to standing | |||
|---|---|---|---|
| Law | Year | State or Federal | Impact |
| U.S. Constitution, Article III, §2 | 1787 | Federal | Extended the judicial power to certain cases and controversies |
| Act of July 31, 1789, ch. 5, § 29, 1 Stat. 29 | 1789 | Federal | Allowed lawsuits against private violators of law in addition to executive officials |
| Act of Mar. 3, 1791, ch. 15, § 44, 1 Stat. 199 | 1791 | Federal | Allowed qui tam** suits to enforce a ban on importing liquor without paying duties |
| Act. of Feb. 20, 1792, ch. 7, § 25, 1 Stat. 232 | 1792 | Federal | Allowed qui tam suits to enforce compliance with postal requirements |
| Act of Mar. 22, 1794, ch. 11, § 2, 1 Stat. 347 | 1794 | Federal | Allowed qui tam suits to enforce the criminalization of the foreign slave trade |
| Act of May 19, 1796, ch. 30, § 18, 1 Stat. 469 | 1796 | Federal | Allowed qui tam suits to enforce a ban on trade with certain Indian tribes |
| Administrative Procedure Act, Act of June 11, 1946, ch. 324, 60 Stat. 237, 243, 5 U.S.C. § 702 | 1946* | Federal | Section 702 describes who may sue administrative agencies in court and on what grounds |
| Interstate Commerce Act, 49 U.S.C. § 1(20 | 1976* | Federal | Granted standing to parties in interest |
| Federal Aviation Act, 49 U.S.C. § 1486(a) | 1976* | Federal | Granted standing to persons disclosing a substantial interest |
| Federal Communications Act, 47 U.S.C. § 402(b)(6) | 1982* | Federal | Gave any person aggrieved or whose interests were adversely affected standing to sue the government acting under that law |
| Toxic Substances Control Act, 15 U.S.C. § 2619 | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1270 | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Clean Water Act of 1976, 33 U.S.C. § 1365 | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Marine Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. § 1415(g)(1) | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Safe Drinking Water Act, 42 U.S.C. § 300j-8 | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Noise Control Act of 1972, 42 U.S.C. § 4911 | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Energy Policy and Conservation Act, 42 U.S.C. § 6305 | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Solid Waste Disposal Act, 42 U.S.C. § 6972 | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Clean Air Act, 42 U.S.C. § 7604 | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9659 | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Powerplant and Industrial Fuel Use Act of 1978, 42 U.S.C. § 8435 | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11046(a)(1) | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Outer Continental Shelf Lands Act, 43 U.S.C. § 1349 | 1988* | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C. § 2014 | 1988 | Federal | Example of a law in which Congress used a citizen-suit provision to expand standing and control inadequate enforcement of the law |
| Notes: * - These descriptions reflect the state of the law at the listed date.
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Explore more pillars
- Five pillars of the administrative state: nondelegation
- Five pillars of the administrative state: judicial deference
- Five pillars of the administrative state: executive control of agencies
- Five pillars of the administrative state: agency dynamics
See also
- List of scholarly work pertaining to procedural rights
- Administrative state
- Ballotpedia's administrative state coverage
- Administrative State Index
Footnotes
