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Administrative Law
University of Mississippi School of Law
Hall, Matthew R.

Monday January 8, 2007
 
Introduction                                                                                                                           
 
I.        Federal Executive Branch (Main Agencies)
A.     Cabinet Agencies – There are fifteen cabinet level departments and four agencies that have cabinet rank
1.       Agriculture, commerce, defense, education, energy, health & human services, homeland security, housing & urban development, interior, justice, labor, state, transportation, treasure, veterans affairs, OMB, EPA, USTR, ODCP
 
II.     Administrative Agencies by the Numbers
A.     Government employment and payroll in 2005
1.       Federal – 2.7 million civilian employees
2.       State – 5.1 million civilian employees
B.     Employment and Payroll by Function in 2005
1.       Judicial & Legal – 61,000 (federal) & 169,000 (state & local)
2.       Social Insurance – 67,000 (federal) & 87,000 (state & local)
3.       Public Welfare – 9,000 (federal) & 235,000 (state & local)
C.     Average Business – The average business is far more affected by administrative agencies rather than the court systems
 
III.   Administrative Law – Law governing the creation, operation, and judicial review of the government bureaucracy
A.     Categories of Administrative Law
1.       Specific Administrative Law – A particular agency; to find out about a particular agency, do the following, examine:
a.       Enabling Act – The statute that gives the agency its powers, duties, etc.
b.       Statutes the Agency Administers
c.       Court decisions interpreting these statutes
d.       Read regulations and policy documents the agency has passed
e.       Know and understand the law and policy motivating particular substantive area
B.     General Administrative Law
1.       Constitution – At the federal level, this tells us how it is that administrative agencies can be set up, where they can be located, and what duties they can have
a.       Limits on organization and powers of agencies
2.       Administrative Procedures Act (APA) – In general, here is how administrative agencies work
a.       A set of general procedures that are more or less followed by a particular agency
3.       Statutes, regulations & executive orders affecting all agencies
a.       NEPA, Regulatory Flexibility Act, Paperwork Reduction Act
4.       Court Decisions
a.       Interpreting the APA
b.       Interpreting the Constitution
 
IV. Agency Purpose and Operation
A.     Regulate Business & Conduct (EPA, OSHA, SEC, IRS)
B.     Enforce the Law (Homeland Security, IRS)
C.     License & Permit Business (NRC – nuclear regulatory commission)
D.     Distribute Benefits (SSA, VA, Hom

n
2.       Securities and Exchange Commission
3.       Federal Trade Commission
4.       National Labor Relations Board
5.       Nuclear Regulatory Commission
6.       Federal Reserve Board
B.     Typical Characteristics of an Independent Agency (Four factors that typically describe an independent agency)
1.       Headed by Multi-Member Group – Headed not by an individual cabinet secretary, but by a commission or committee
a.       These agencies are independent of specifically the President (the typical agencies in the executive is under control of the President), thus the goal is to make this agency independent of politics and the President
b.       Each member on the group has a staggered term to eliminate the President’s ability to eliminate those members who disagree with him
2.       Members have Staggered Terms – President lacks the ability to immediately change the management and policy of this agency
a.       President is not able to pick whomever they want to fill the open slot
i.         Normally, the President will pick a member who agrees with his policy