Administrative Law Outline

Public Institutions Jenny Rivera Fall 2008
THE PRIMARY PURPOSE OF ADMINISTRATIVE LAW:
Is to keep administrative powers within their legal bounds and to protect individuals against abuse of those powers:
1. The powers vested in administrative agencies
2. The requirements imposed by law upon the exercise of those powers; and
3. Remedies against unlawful administrative action.
Each authority of the government of the United States, whether or not it is within or subject to review by another agency, but does not include:
A. the congress
B. the courts of the united states
C. the governments of the territories or possessions of the United States;
D. the government of the District of Columbia
Freytag v. Commissioner of Internal Revenue-1991:
Appointments clause:
“the congress may by law vest the Appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of departments.”
The court says that nothing in the appointments clause limits the ability of an article 1 (legislative court) to be a court of law.
Article 3 courts are set up by the constitution.
Our federal judicial branch
Article 2:
Sets up the executive branch
The court ultimately states “ the tax court remains independent of the executive and legislative braches.” The court states that the tax court is a court of law.
TYPES OF AGENCIES:
·         Regulatory:
o   Economic activities of individuals and industries
o   They can enforce/prosecute these rules
o   Licensing
o   Establishing rules that fix rates and charges
o   Setting up appropriate and permissible business practices
o   They have a version of law-making power
·         Non-regulatory:
o   Department of health
o   Pensions
o   Employee benefits
o   Public welfare/social benefits
o   Existence benefits
D. AGENCIES AND INDEPENDENCE:
Bowsher v. Synar-1986:
 What is the statute that is at issue in this case?
Balance Budget and Emergency Deficit Control Act
Does it violate the doctrine of separation of powers?
The purpose of the act is to eliminate the federal deficit.
In order to eliminate the federal budget deficit, Congress enacted the Balanced Budget and Emergency Deficit Control Act of 1985 (Act), popularly known as the “Gramm-Rudman-Hollings Act,” which sets a maximum deficit amount for federal spending for each of the fiscal years 1986 through 1991 (progressively reducing the deficit amount to zero in 1991).
If in any fiscal year the budget deficit exceeds the prescribed maximum by more than a specified sum, the Act requires basically across-the-board cuts in federal spending to reach the targeted deficit level. These reductions are accomplished under the “reporting provisions” spelled out in § 251 of the Act, which requires the Directors of the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to submit their deficit estimates and program-by-program budget reduction calculations to the Comptroller General who, after reviewing the Directors’ joint report, then reports his conclusions to the President.
The President in turn must issue a “sequestration” order mandating the spending reductions specified by the Comptroller General, and the sequestration order becomes effective unless, within a specified time, Congress legislates reductions to obviate the need for the sequestration order.
The Act also contains in § 274(f) a “fallback” deficit reduction process (eliminating the Comptroller General’s participation) to take effect if § 251’s reporting provisions are invalidated. In consolidated actions in the Federal District Court, individual Congressmen and the National T