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Ch.20 Administrative Law

Authored by Brack Collier

Social Studies

University

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Ch.20 Administrative Law
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15 questions

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1.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Media Image

Dunder Mifflin pays income and other taxes collected by the federal Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by:

Congress passing an enabling statute

the Administrative Procedure Act

An amendment to the Constitution

The President issuing an excutive order

Answer explanation

Except for cabinet-level departments directly serving the President (e.g., Departments of Labor, Energy, Agriculture, etc.) Congress creates all administrative agencies using enabling statutes. The Administrative Procedure Act (APA) is NOT the statute that creates administrative agencies. Rather, we should think of the APA as a constitution for administrative law, requiring agencies to follow specific procedures and ensuring that federal courts can review their decisions.

2.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Media Image

The detailed rules that administrative agencies create to reinforce the statutory language of the enabling statute are called ____ rules because they are as binding as a statute.

legislative

executive

judicial

3.

MULTIPLE SELECT QUESTION

45 sec • 1 pt

Businesses that want a National Cyber Security Agency consolidating the various administrative agencies’ cyber units into one central agency charged with preventing hacking of federal government computer systems should concentrate their lobbying efforts on .

Congress

the various administrative agencies

Supreme Court

President

Answer explanation

The President and Congress have traditionally shared in the creation of departments that consolidate multiple agencies into one agency. The President proposes the legislation to Congress. Then Congress introduces and votes on the proposed legislation. If it receives enough votes in both houses, it is enacted into law. Congress then sends the act to the President for approval. If the President signs the legislation, it becomes law and the deparment is formally in existence. This has occurred with the Deparment of Energy Organization Act proposed by President Carter and enacted by Congress in 1977 (in response to the oil crisis). It also occured with the Department of Homeland Security Act proposed by President Bush and enacted into law by Congress in 2003 (in response to 9/11).

4.

FILL IN THE BLANKS QUESTION

0 sec • 1 pt

The mightiest weapon that Congress possesses to limit and control administrative agencies is (a)   .

5.

MULTIPLE CHOICE QUESTION

0 sec • 1 pt

A statute enacted by Congress that has become an important weapon for the judicial branch in limiting or reigning in administrative agencies is ____ because it gives businesses a basis to challenge those agencies' rules and adjudications: the arbitrary and capricious prohibition.

Enabling Statute Act

Enabling Procedure Act

Judicial Restraint Act

Administrative Procedure Act

6.

MULTIPLE CHOICE QUESTION

0 sec • 1 pt

The executive branch has a few ways to limit administrative agencies, including all of the following except:

Appointing and terminating federal officers.

Vetoing an enabling act to prevent an agency from being created.

Vetoing legislation that would increase an agency's power.

Creating an agency by executive order.

7.

MULTIPLE CHOICE QUESTION

0 sec • 1 pt

Every federal administrative agency's three basic functions include all of the following except:

making rules

adjudicating disputes between businesses and the admin agency about those rules

enforcing those rules.

enforcing court orders.

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