ADMIN LAW OUTLINE
I. IN GENERAL
A. WHAT IS ADMIN LAW?
1. It is about legal power by governmental federal/state agencies
2. How these agencies make decisions
B. THEME: THE POWER OF ADMIN AGENCIES HAS BECOME THE DOMINANT THEME IN ALL DISCOURSES
Admin Agencies exercise more raw creation of power than all legislatures and all statutes combined.
These same agencies will adjudicate disputes that vastly eclipse the adjudicatory power of courts.
a. I.e. client comes to you b/c the Medicare office tells her that they refuse to provide her the money for a much-needed operation. Your ability to represent this client will depend entirely on how well you understand the way the SS office and other bureaucratic agencies make these decisions and you attempt to fix this at the administrative agency level not the courts.
Administrative State: Market forces combine with Administrative agencies that combine to regulate and affect our ordinary lives.
C. HISTORY OF HOW THE ADMINISTRATIVE STATE AROSE
1. Populist Era
a. RR companies propelled the country into the administrative state needed billions of dollars to get tracks and locomotives
(1) needed billions of dollars to get tracks and locomotives
(2) States immediately developed state RR commissions to protect the state against these monopoly RR companies
(3) Companies went to US government à created ICC (Interstate Commerce Commission)
(a) ICC power was lukewarm – couldn’t set rates but made sure rates were fair
2. Progressive Era (1890-WWI)
a. FTC (Federal Trade Commission) established
(1) Sherman Anti-Trust act formed to break up trusts and monopolies (Taft used aggressively)
(2) Big Business went to Congress for relief à FTC established
(3) FTC created a list of what companies could and could not do (less ambiguous than Sherman Act)
b.ICC given power to establish and set rates
c. FDA forme
to provide healthcare to elderly
6. Public Interest Era (60s-70s)
a. Largely environmental
7. Current Time
a. Largely international and largely trade organizations
II. THE CONSTITUTIONAL BOUNDARIES OF ADMINISTRATIVE ACTION
A. AGENCY RULEMAKING AND THE DELEGATION PROBLEM à INTELLIGIBLE PRINCIPLE
1. The Constitution
a. Art. I à defines legislative power and commits it to Congress (make the laws)
(1) This provision has not, however, been taken to mean that Congress holds legislative power exclusively or that it cannot delegate some portion of that legislative power
Congress cannot make all legislative decisions, no matter how big or small, because it is cost-prohibitive à intricate, labor-intensive tasks should be delegated
