Gavin Howe
Administrative law is a complex area of law that governs the creation and operation of administrative agencies and their implementation of legislative statutes. It involves the interpretation of constitutional and statutory provisions that limit administrative discretion, ensuring that agencies act within their statutory authority. Researching cases in this area of law requires an understanding of the relevant agencies and their enabling statutes, as well as the ability to navigate various sources such as case law, rules, and agency decisions. This paragraph will introduce the topic of researching cases involving US administrative law, exploring the key considerations, sources, and challenges for legal practitioners and researchers.
| Characteristics | Values |
|---|---|
| Cases involving the creation and operation of administrative agencies | Mathews v. Eldridge, Goldberg v. Kelly, Whitman v. American Trucking Associations, Inc., Skidmore v. Swift & Co., Gonzales v. Oregon, Sciabba v. de Osorio, Loper Bright Enterprises v. Raimondo |
| Cases involving the delegation of powers | Panama Refining Co. v. Ryan, Whitman v. American Trucking Associations, Inc., Buckley v. Valeo, Immigration and Naturalization Service v. Chadha, Commodity Futures Trading Commission v. Schor, Morrison v. Olson, Gade v. National Solid Wastes Management Association, Printz v. United States |
| Cases involving the implementation of legislative statutes | SEC v. Chenery Corp., NLRB v. Wyman-Gordon Co., NLRB v. Bell-Aerospace Co., Richardson v. Perales, Universal Camera Corp. v. NLRB, Citizens to Preserve Overton Park v. Volpe, Motor Vehicles Manufacturers Association v. State Farm, FDA v. Brown & Williamson Tobacco Corp., Bowen v. Georgetown University Hospital, United States v. Florida East Coast Railway Co., Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., Chevron v. Natural Resources Defense Council |
| Cases involving procedural fairness and due process | Goldberg v. Kelly, Mathews v. Eldridge, Logan v. Zimmerman Brush Co., SEC v. Chenery Corp., U.S. v. Storer Broadcasting Co., Richardson v. Perales, Universal Camera Corp. v. NLRB, Citizens to Preserve Overton Park v. Volpe, Motor Vehicles Manufacturers Association v. State Farm, Loper Bright Enterprises v. Raimondo |
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What You'll Learn
- The role of the Supreme Court in interpreting constitutional and statutory provisions
- Separation of powers and the quasi-executive, quasi-legislative, and quasi-judicial functions of agencies
- The creation and operation of administrative agencies
- The scope of an agency's power
- The role of state administrative law and its sources
The role of the Supreme Court in interpreting constitutional and statutory provisions
The Supreme Court is the highest court in the United States, and it plays a crucial role in interpreting constitutional and statutory provisions. The Court's interpretations of the law have a significant impact on the country's legal system and the day-to-day lives of its citizens.
Article III, Section I of the Constitution establishes the federal judiciary, including the Supreme Court. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act according to the law. The Court's original jurisdiction also extends to certain cases, such as suits between states or cases involving ambassadors. Additionally, the Court has appellate jurisdiction, allowing it to hear appeals on a wide range of cases involving constitutional or federal law.
One of the most important roles of the Supreme Court is to ensure that each branch of the government recognizes its own limits and does not exceed its powers. This is achieved through the Court's power of judicial review, which enables it to strike down laws that violate the Constitution. The Court has the final say on whether a Constitutional right has been violated and has the authority to invalidate state laws found to be unconstitutional. This role is essential in protecting civil rights and liberties and maintaining a balance between popular majorities and minority groups.
The Supreme Court's interpretations of constitutional and statutory provisions are influenced by the ideological preferences and unique perspectives of individual justices. Studies have shown that a justice's ideology significantly predicts their votes on the Court, with justices typically described as either liberal or conservative. For example, the late Justice Antonin Scalia was a textualist, focusing solely on the text of the relevant provision when interpreting the Constitution. In contrast, Justice Ruth Bader Ginsburg took a more progressive approach, arguing for interpretations that adapt to a changing society.
In addition to ideological considerations, the Supreme Court's interpretations are shaped by precedent, judicial review, and adherence to constitutional provisions. This interplay between justices' attitudes and the law results in a conditional relationship, where judges' preferences are constrained by what they can legally do. The strategic model of judicial decision-making highlights this dynamic, where justices may need to compromise on certain aspects to achieve their desired outcome in a case.
The Supreme Court's role in interpreting constitutional and statutory provisions is a complex and dynamic process, influenced by various factors. The Court's decisions have far-reaching implications for the country's legal framework and the protection of citizens' rights and liberties.
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Separation of powers and the quasi-executive, quasi-legislative, and quasi-judicial functions of agencies
The principle of separation of powers functionally differentiates several types of state power and requires that these operations of government be conceptually and institutionally distinct, thereby maintaining the integrity of each. This model of governance is often divided into structurally independent branches, most commonly a legislature, a judiciary, and an executive branch.
Administrative agencies are sometimes referred to as the fourth branch of government as they exercise executive, quasi-legislative, and quasi-judicial functions. The executive function of administrative agencies involves enforcing laws created by the legislature and regulations created by the agency itself. These agencies are either executive agencies, directly controlled by the President, or independent agencies, which are free from presidential control.
The quasi-legislative function involves creating regulations through the agency rule-making process. When issuing rules, agencies have to follow the steps laid out in the Administrative Procedure Act of 1946, which ensures public participation and a consistent set of procedures. The Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies.
The quasi-judicial function involves adjudicatory proceedings that address violations of laws or regulations in the area overseen by the agency. Administrative law judges (ALJs) issue legally binding decisions based on their review of testimony and documentary evidence. ALJs are technically considered members of the executive branch but act independently from the agency. There is no jury in administrative hearings, so an ALJ conducts a hearing as a bench trial.
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The creation and operation of administrative agencies
Administrative law is the branch of law that governs the creation and operation of administrative agencies. Agencies are "bureaucratic institutions entrusted with the implementation, management, and administration of our law and public policy." They are created through their own organic statutes, which establish new laws and create the respective agencies to interpret, administer, and enforce those laws. Generally, administrative agencies are created to protect the public interest rather than to vindicate private rights.
Legislatures establish agencies and grant them powers through enabling statutes. Agencies are delegated power by Congress (or in the case of a state agency, the state legislature) to take on the responsibility for carrying out certain prerogatives from Congress. Most administrative agencies (including boards, commissions, and departments) are part of the executive branch of government. Some textualist scholars argue that administrative agencies are unconstitutional, particularly due to the arguably unconstitutional delegation of law-making power. Nonetheless, the current jurisprudence in administrative law deems agencies constitutional and necessary in a functional and pragmatic sense.
The Administrative Procedure Act (APA) and state analogs codify the limits on agencies' powers and the procedures they must follow. The APA categorizes administrative functions into formal and informal rulemaking and adjudication, which have binding effects, as well as guidance, which does not. The APA prescribes certain procedural rules that agencies must follow before acting in one of the functions listed. It is a remedial statute designed to ensure uniformity and openness in the procedures used by federal agencies. The federal APA and judicial interpretations of the APA require agencies to give notice of proposed rulemaking before adopting a final rule. The final rule must follow logically from the proposed rule and must display the agencies' consideration of all comments received and reviewed.
In their adjudicatory functions, agencies have their own judicial body, known as the Administrative Law Judge, who is part of their respective agency but must remain independent from the agency officials involved in certain actions. The administrative law judges are to adjudicate claims or disputes involving the agency as an impartial trier of fact and law and are prohibited by the APA from engaging in any ex parte contact with the agency, unless upon notice and with opportunities.
The U.S. Government Manual provides information on the agencies of the legislative, judicial, and executive branches, including a summary statement of the agency's purpose and role in the Federal Government, a brief history of the agency, and a description of its programs and activities.
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The scope of an agency's power
Agencies are given the authority to "legislate" through rulemaking, where they issue regulations that have the force of law. These regulations are codified in the Code of Federal Regulations (CFR) and published in the Federal Register. However, agencies must follow certain procedures during rulemaking, especially when their decisions have a broad impact on multiple parties. In such cases, agencies must use procedures designed to ensure public participation and solicit input from affected parties.
The powers granted to agencies are extensive, but they must act within Constitutional and statutory limits. The Administrative Procedure Act (APA) is a key statute that outlines the roles, powers, and procedures that agencies must follow in their functions. It categorizes administrative functions into formal and informal rulemaking, adjudication, and guidance, with binding and non-binding effects. The APA ensures uniformity and openness in the procedures used by federal agencies.
Agencies must also operate within the scope of authority delegated to them by Congress. Courts play a crucial role in interpreting and reviewing agency actions. In cases like Skidmore v. Swift & Co., it was established that agency rules and interpretations are not intended to carry the "force of law" and are not controlling on courts. Instead, courts may give deference to agency interpretations based on their persuasiveness and consistency with legal principles.
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The role of state administrative law and its sources
Administrative law is a pivotal component of public law, governing the creation and operation of administrative agencies. It serves as the mechanism by which federal agencies, state, and local governments implement and enforce laws passed by Congress or state legislatures. This process involves translating legislative directives into enforceable regulations and policies, with regulatory agencies playing a central role. These agencies can be part of the executive branch or act independently, such as the Environmental Protection Agency (EPA) or the Federal Communications Commission (FCC).
The primary sources of state administrative law include rules, agency decisions, and agency guidance. Each state maintains a government website that provides access to administrative rules and other relevant information. The Administrative Procedure Act (APA) is the major source of federal administrative agency law, outlining the roles, powers, and procedures that federal agencies must follow. State agencies, on the other hand, are governed by comparable state acts, such as Oregon's Administrative Procedure Act, which defines the powers, responsibilities, and procedures for its state administrative agencies.
State administrative law plays a crucial role in shaping a just and functional society. It aims to ensure efficient, economical, and fair administration, balancing the authority of government agencies with the rights of individuals and businesses. This delicate equilibrium is maintained through administrative procedures characterised by transparency, accountability, and public participation.
The judicial deference given to administrative agencies by the courts has evolved over time. The Chevron deference, for instance, involved courts deferring to agency interpretations of statutes unless they were deemed unreasonable. However, in 2024, the Supreme Court overturned this precedent in the case of Loper Bright Enterprises v. Raimondo. Now, courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and Chevron deference is not accorded merely due to statutory ambiguity.
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Frequently asked questions
Administrative law is the law governing the creation and operation of administrative agencies. It consists of rules and regulations that govern activities, similar to statutes, as well as orders and decisions from administrative courts that resolve disputes arising under these rules and regulations.
Some notable cases involving US administrative law include:
- Mathews v. Eldridge
- Goldberg v. Kelly
- Skidmore v. Swift & Co.
- Loper Bright Enterprises v. Raimondo
- Immigration and Naturalization Service v. Chadha
- Whitman v. American Trucking Associations, Inc.
These cases have significant implications for the interpretation and application of administrative law. For example, in Loper Bright Enterprises v. Raimondo, the Supreme Court reversed the Chevron doctrine, which had been in place since 1984 and provided a two-step analysis framework for courts reviewing agencies' interpretations of statutes. This reversal expands the avenues for challenging administrative decisions involving statutory interpretation.
To research cases involving US administrative law, you can refer to various sources, such as:
- State and federal government websites, which provide access to administrative rules and other relevant information.
- Enabling legislation for the agency involved, as it outlines the agency's purpose and scope of activities.
- Case law databases such as Lexis and Westlaw, which provide access to judicial decisions that have applied, interpreted, or negatively treated specific sections of administrative law.
