49.5/50
Quiz 1- Administrative Agencies
1. Which one of the following types of agencies is not located within any
department and are not considered under the direct supervision of
the President?
a. Independent Agencies
2. The National Industrial Recovery Act, which granted the President
broad powers to regulate the economy during the Great Depression,
was the first statute declared to violate this doctrine.
a. Nondelegation
3. For agency adjudication of private rights to be constitutional, there
must be effective judicial review, and the essential attributes of
judicial power must remain in the courts.
a. True
4. The textbook cites/Federalist No. 47, written by James Madison.
Madison explains the importance of separation of powers in a famous
quote. What is that quote?
a. "The accumulation of all powers, legislative, executive, and
judiciary, in the same hands, whether of one, a few, or many,
and whether hereditary, selfappointed, or elective, may justly be
pronounced the very definition of tyranny." Jack M.
Beermann,/Administrative Law: What Matters and Why/17 (2nd
ed. 2020).
5. The public _______ analysis of administrative law analyzes
regulation from the perspective of the public policy goals sought to be
achieved such as cleaning the air and water, preventing abusive
business practices, and producing an optimal level of public goods.
a. Interest
6. This Article of the Constitution vests the judicial power of the United
States in the Supreme Court and in lower federal courts as
established by Congress, which are staffed by judges with life tenure
and protected compensation.
a. Article III
7. Administrative law derives mainly from five sources. The first two are
the Constitution and the Administrative Procedure Act. All of the
following are other sources, except:
a. State statutes directed at controlling federal agencies
8. Administrative agencies perform a wide variety of functions including
distributing benefits, licensing and regulating numerous businesses
and industries, granting permits for a wide variety of activities, and
making and enforcing health and safety rules.
a. True
9. After the court’s decision in/Morrison v. Olson, Congress’s power to
restrict presidential removal depends on whether the officer is
engaged in purely executive functions.
a. False
10. Much of administrative law involves a struggle among
Congress, the President, and even the federal courts to control the
administrative process.
a. True
11. The “administrative state” as we know it today originated with
the creation of the Interstate Commerce Commission in 1787.
Agencies and administrative law did not exist before 1787.
a. False
12. Congress has institutionalized its oversight rule by establishing
the _________________ and granting it broad power to oversee
agencies.
a. Government Accountability Office
13. The Constitution directly mentions the “separation of powers.”
a. False
14. What is the name of your professor?
a. Susan Patrick
15. The author of our textbook explains that “…it is impossible to
capture the constitutional principle of separation of powers in any
simple formula.” Then, he proceeds to provide a framework of four
elements that may help analyze the range of separation of powers
problems. List the four elements. 1.5/2pts
a. Function- there are 3 branches of government which are the
executive (President), judicial (Supreme Courts), and legislative
(Congress and Senate). "Attitude the supreme court generally
takes when confronted with separation of powers questions."
Jack M. Beermann,/Administrative Law: What Matters and
Why/16, 17 (2nd ed. 2020).
b. Structural and procedural provisions- "...understand that in most
situations, the court does not apply a conceptual understanding
of the powers of the branches of the government, but rather
mainly ensures that each branch observes the procedures that
apply."/Id/at 18.
c. Separation of Powers- "...recognize that no branch may
exercise a power that is constitutionally assigned to another
branch unless the Constitutional specifically allows it."/Id/at 19.
d. Checks and Balances- "separation of powers must be
understood as a system of separated powers."/This prevents
any one branch of becoming too powerful./Id/at 21.
e. Feedback: that all specific procedures and structures spelled
out in the Constitution must be followed;
16. The Constitution creates three branches of government and
assigns to each the exercise of one of the three main powers of
government.
a. True
17. The ______________ doctrine holds that Congress may not
delegate its legislative power to the President, an agency, or any
entity inside or outside of government.
a. Nondelegation
18. The public _______ analysis of administrative law analyzes
regulation from the perspective of the political forces that result in
regulation and the structure of agencies, such as how narrow but
organized interests seem to capture the attention of agencies while
unorganized broad interests such as the public at large have difficulty
advancing their interests in the administrative process.
a. Choice
19. A _______ rights dispute is a dispute between the government
and a private party.
a. Public
20. Except for Senate confirmation and removal under the
impeachment process, Congress may not participate directly in the
appointment or removal of Officers of the United States.
a. True
21. Under this method, Congress reserved the power to reject
agency action with a vote, depending on the particular provision, of
both houses of Congress, by one house of Congress, or in some
cases even by a single congressional committee.
a. Legislative Veto
22. This theory holds that because the Constitution vests all
executive power in the President, any attempt by Congress to
insulate officials and agencies from complete presidential control is
suspect and probably unconstitutional.
a. Unitary Executive Theory
23. The Appointments Clause provides for the appointment of
Officers of the United States by the President with Senate
confirmation or, for inferior officers when specified by Congress, by
the President alone, by a department head, or by the courts of law.
a. True
24. Administrative law is the branch of law that regulates the
exercise of authority by officials and agencies executing the law
under authority granted by the legislature.
a. True
25. A _______ rights dispute is a dispute between two private
parties.
a. Private
