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Admin Law '23 Chs. 1, 2, 3 vocab/concept review

Across
___ ___ are responsible for prescribing or requiring certain behavior, determining compliance with the law, and prosecuting and occasionally punishing those who violate the law.
In NFIB v. Sebelius, 567 U.S. (2012), the US Supreme Court held that the Affordable Care Act's requirement that individuals pay a financial penalty for not obtaining health insurance is a ___ and therefore a permissible exercise of Congress's authority to "lay and collect taxes ... to provide for the ... general Welfare of the United States."
Increasing interdependence between people, growing expectations of the public for more regulation, growing expectations that the government will provide services and benefits, and increasing mobility of people, have all contributed to the expansion of the number and authority of administrative agencies.
The ___ doctrine instructs that courts generally defer to agencies in the interpretation of statutes that govern them, where Congress has delegated rulemaking authority and the agency interpretation arises in the exercise of that authority.
In the administrative law context, ___ refers to an agency's authority, in performance of its duties, to choose between two or more actions with few limitations.
The ADMINISTRATIVE PROCEDURE ___ is a comprehensive statute governing the procedures that agencies must follow when performing their functions. The federal APA was enacted in 1946.
___ ___ agencies are not involved with the redistribution of money nor do they regulate, instead they provide services to the public. The national science foundation is an example. It promotes research and provides information to the public.
An __ opinion is an opinion issued by an agency, upon request, that offers the agency's interpretation of law or asserts the agency's policy, practices or procedures.
An intergovernmental model that describes a relationship between the federal government and state governments that is characterized by close, collaborative relations and a common objective, and a lessened focus on legal jurisdictional boundaries.
In United States v. Morrison, 529 U.S. 598 (2000) the US Supreme Court held that that the ___ Clause does not give Congress the authority to "regulate noneconomic, violent criminal conduct based solely on that conduct's aggregate effect on interstate ___.
The ___ clause found in Article VI of the federal Constitution provides that properly enacted federal laws are superior to all state and local laws.
An __ agency is an administrative agency that is to some degree independent of the president. Various degrees of independence exist; a common arrangement is to limit the presidential power of removal of the agency heads to good cause. Often led by a group of individuals called a board or a commission.
___ of the work of administrative agencies are informal, rather than formal, actions.
___ governments have exclusive power over, among other things, police and fire protection, providing education, and most professional licensing.
___ exercises control over federal agencies in that it has the power to create, disband, and reorganize agencies; it establishes agency budgets; it sets agency policy objectives and governing rules; it engages in oversight through committees; it can reverse or amend agency-created rules and administrative decisions; and it must approve appointment of agency officers.
The necessary and ___ clause is a provision in Article I, section 8, clause 18 of the federal Constitution. It provides that Congress may enact all laws necessary and ___ to carry out Congress's other enumerated powers.
___ welfare agencies are responsible for promoting the general welfare of the people, often includes providing services or cash distributions to persons who qualify for assistance.
A governmental agency operating under either too few or too many ___ can result in an increase in the exercise of discretion.
Down
A constitutional principle or structure designed to keep any group or person in government from getting too powerful. It is the division of government into three branches: executive, legislative, and judicial.
An administrative agency whose head answers to the president and may be disciplined or terminated at the president’s will. Highest officer is called the secretary and is typically a cabinet level position.
Agencies must select cases to investigate and prosecute rather than investigating and prosecuting all possible violations due to limitations in ___.
The ___ is the independent federal agency enforcing the National Labor Relations Act, which guarantees the right of most private sector employees to organize, to engage in group efforts to improve their wages and working conditions, to determine whether to have unions as their bargaining representative, to engage in collective bargaining, and to refrain from any of these activities. It acts to prevent and remedy unfair labor practices committed by private sector employers and unions.
The federal and state governments have ___ jurisdiction over, among other things, taxation and punishing crimes.
ADMINISTRATIVE ___ is a body of law that defines the powers, limitations, and procedures of administrative agencies.
One of the constitutional principles or structures designed to keep any group or person in government from getting too powerful. It is the division of governmental powers between the federal government and state governments.
Most government agencies are created via ___ ___ enacted by Congress or a state legislature.
___ federalism is a federal system that recognizes both federal and state governments, but where state authority is limited to those authorities not exercised by the federal government or reserved to the people.
In INS v. Chadha 462 U.S. 919 (1983) the US Supreme Court held that a law enabling Congress to invalidate an action delegated to an executive agency, through an action of only one ___ of Congress, violates the presentment clause and the requirement of bicameral congressional action and was therefore unconstitutional.
The _____ exercises control over federal agencies in that the ___ is the direct head of executive agencies, can recommend to Congress agency reorganizations and amendments to enabling laws, has some authority to establish policy through executive orders and exerted policy oversight, and by appointing agency heads.
A governmental agency having either too little or too much discretion can have a negative effect on ___.
The ___ government has exclusive power over, among other things, making treaties, regulating naturalization, and regulating immigration and emigration.
The ___ clause is a provision in Article I, section 8, clause 3 of the federal Constitution. It provides that Congress has the power to regulate interstate commerce, commerce with foreign nations, and commerce with Indian tribes.
___ federalism is a federal system of government where both the federal and state governments are sovereign with different and occasionally concurrent, jurisdictions.
In Clinton v. City of New York 524 U.S. 417 (1998) the US Supreme Court held that the Line Item ___ Act was unconstitutional because in effect it gave the president the power to amend or repeal statutes without opportunity for Congress to exercise its constitutional power to override such action by 2/3 vote.
A declaratory ___ is the administrative equivalent of a judicial declaratory judgment. An agency may issue a declaratory __ to terminate a controversy or remove uncertainty.