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18 Cards in this Set
- Front
- Back
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Historical Era of Federal Regulatory Agencies |
1887-1932 Aimed at specific industries (railroads, drug companies, securities) |
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New Deal Era of Federal Regulatory Agencies |
FDR's administration Used to get out of Depression |
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Socially Conscious Era of Federal Regulatory Agencies |
1960s-1970s Aimed at activities across several industries (pollution control, workplace safety, product safety, hiring and firing practices in employment) |
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ICC |
Interstate Commerce Commission - regulate railroads |
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SEC |
Securities and Exchange Commission - regulate securities industry |
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FCC |
Federal Communication Commission - regulate communication industry |
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industry-specific regulatory agencies |
agencies meant to regulate one business |
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economy-wide regulatory agencies |
agencies that regulate problems that are not isolated in one particular industry |
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National Labor Relations Board |
governs the organizing and bargaining rights of labor unions in most industries |
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Executive Agencies (Dependent Agencies) |
Part of the executive branch, placed within the hierarchy of an executive department, headed by a cabinet member, can have subparts, identified by "department", "administration", "division", usually created by executive order, receive most power from Congress in enabling statutes |
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Independent Executive Agencies |
created similarly to executive agencies but not placed under a cabinet, president can appoint and remove head |
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Independent Agencies |
created by Congress, given broad powers over regulation in a particular area, headed by a board or commission whose members are appointed by the president and require confirmation from the senate, members appointed for staggered terms and cannot be removed by president, only removed for cause. don't answer directly to anyone, but congress funds them |
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Schechter Poultry Corp v. US |
ruled that the law setting prices in most industries during the depression was invalid as an unconstitutional delegation of legislative authority |
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Yakus v. United States |
As long as an agency has sufficient standards and limited power, then they are constitutional |
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Administrative Procedures Act |
procedural requirements/rule book for agencies |
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steps to informal rule-making |
1. identify need for rule/regulation 2. Draft rule and publish in Federal Registrar 3. Comment can be made by public 4. Final draft written at least 30 days after publication |
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steps to formal rule-making |
1. identify need, draft, publish (notice 30 days+ prior to proceeding) 2. hearing with exhibits and expert witnesses 3. final draft 4. goes into effect no less that 30 days later |
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Dow Chemical Co v United States |
Dow had free-standing items in an open field and the Environmental Protection Agency (EPA) flew over Dow's land and took pictures after a refused search. Ruled Their rights hadn't been violated because it was an "open field" |
