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| 1. In 1937, the President’s Committee on Administrative Management reported critically to President Roosevelt that Congress had created more than a dozen major independent regulatory agencies since 1887, and went on to complain that “Congress is always tempted to turn each new responsibility over to a new independent commission.” Discuss that complaint. |
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| 2. Discuss the growth of independent commissions and agencies since World War II. (Read ch 2) |
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| 3. Discuss the Administrative Procedure Act of 1946: the reasons for its passage, the success or lack of success toward meeting its goals, and the 21st Century legal community’s attitude toward the Act. (read ch 2) |
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| 4. Describe the constitutional authority under which Congress delegates its powers to administrative agencies. |
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| 5. How do the various, and contradictory, opinions of the Supreme Court regarding the nondelegation doctrine mesh with the concept of intelligible principles? |
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| 6. Describe the concept and process of post-delegation review, also called the legislative veto. |
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| 7. Define: Certiorari, Mandamus, Injunctions, Declaratory Relief |
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| 8. What are prerogative writs? |
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| court orders directed to government agencies, public officials or another court such as certiorari and mandamus. |
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| 9. What was the view of nineteenth-century case law on the question of presumption of reviewability/unreviewability? |
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| 10. There are two bases for denying review under the APA. Name and define them. |
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| 11. Statutory preclusion case law is divided into two categories: implied and express. Explain and discuss these two categories of statutory preclusion. |
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| 12. Define: Standing, Ripeness, Exhaustion, Primary jurisdiction |
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| These are terms dealing with the threshold question. |
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| 13. Describe the varying positions of the Supreme Court on the subpoena power of administrative agencies beginning with the case of Federal Trade Commission v. American Tobacco Co. in 1924. (related to number 3). (p. 121) |
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| 14. Does the power of administrative inspection of premises differ from the subpoena power of administrative agencies, and if so, how does it vary? |
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| 15. Discuss the Supreme Court’s view of the relationship between the Fourth Amendment to the U.S. Constitution and the power of administrative inspection of premises. |
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| 16. Discuss the “open fields exception” to Fourth Amendment requirements for search warrants. |
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| 17. Explain the law-fact distinction under the concept of scope of judicial review. |
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| 18. Describe and explain Lon Fuller’s prohibition against retroactive laws. |
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| 19. Discuss Lon Fuller’s statement that “On the other hand, it is a serious mistake – and a mistake made constantly – to assume that, though the busy legislative draftsman can find no way of converting his objective into clearly stated rules, he can always safely delegate this task to the courts or to special administrative tribunals.” (The Morality of Law, p. 64) |
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| 20. Describe and explain Lon Fuller’s insistence on congruence between official action and declared rule. |
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