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10 Cards in this Set
- Front
- Back
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Skidmore Low-Level Deference for Statutory Interpretation Factors |
- (1) The degree of thoroughness of the agency's consideration of the matter/decision-making process -(2) The validity of the agency's reasoning -(3) The consistency of the agency's position on the issue over a period of time -(4) Another other factor relevant to deciding how much judicial deference to give the agency's determination |
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Chevron Analysis for Statutory Interpretation Deference: Stage 1 |
Stage 1: Did Congress have a clear and specific, unambiguous intent, clearly expressed, on the specific legal question/issue at stake in this particular case? -Yes? Case is over, defer to Congressional intent -No? Chevron Stage 0 |
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Chevron Analysis for Statutory Interpretation Deference: Stage 0 |
Stage 0: Should the reviewing court apply Skidmore low-level or Chevron Stage 2 high-level deference? (1) Did the agency go though some serious/formal process when interpreting the term? (Christensen) -Yes? Chevron II -No? Skidmore (2) Did Congress expressly or implicitly delegate authority to the agency to interpret? (Mead) -Express or implicit? Chevron -No? Skidmore (3) Barnhart Factors -(a) What kind of interpretation; broad or narrow -(b) Administrative complexity -(c) Administrative importance -(d) Agency's expertise -(e) Carefulness of consideration |
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Chevron Analysis for Statutory Interpretation Deference: Stage 2 |
How did Congress grant interpretive authority? -If expressly: The agency's interpretation must merely not be arbitrary -If implicitly: The agency's interpretation must be reasonable in the particular case |
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Nader v. Allegheny Airlines |
-PRIMARY JURISDICTION -Airlines intentionally overbooks, Nader is bumped. -Nader sues for fraudulent misrepresentation/ consumer fraud tort theory - Airline argues it's a technical question and should be a matter of primary jurisdiction for the agency - Court says the issues to be decided by the court and the agency are not absolutely inconsistent, and does not invoke primary jurisdiction (Court's determination will not infringe upon the CAB's determination) -The Court is better equipped to determine a standard tort issue than the Civil Aeronautics Board |
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State ex rel R.R. |
-POWER OF AGENCIES TO LEGISLATE/NON-DELEGATION -Legislation provided that freight rates had to be "equal and reasonable," but agency was actually setting the rates -The legislature is not delegating its power to make law, it is delegating the discretion as to how to implement the law -Practical and pragmatic reasons justify the ruling |
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Schechter Poultry |
-LIMITS OF NON-DELEGATION - SP was indicted with violating the Live Poultry Code, per the National Industrial Recovery Act, and enforced by the committee. -Act did not limit to define the scope of committee's authority, only that the purpose was to promote fair competition--> unconstitutional delegation -Congress can only delegate power to promulgate rules in furtherance of a duly enacted statute; a statute cannot be so broad as to delegate the power of establishing standards governing legal obligations -Used Non-Delegation Doctrine to strike down an overly-broad statute |
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Amalgamated Meat Cutters |
-LIMITS OF NON-DELEGATION - Nixon instituted temporary wage and price freezes -Amalgamated argued Nixon had unfettered power to prefer some interests over others because the Act didn't require price controls to be fair and equitable --> unconstitutional delegation -Congress must articulate an intelligible, guiding principle that enables determination whether the agency was within its scope |
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Industrial Union/Benzene |
- LIMITS ON NON-DELEGATION -OSHA promulgated standards for lowering the max. extent of worker exposure. OSHA goes through notice/comment procedure -Said no level is safe, and set max. level as low as possible, without considering the significant health risk (despite Act requiring a showing of sig. risk/ reasonably necessary. and appropriate to protect worker health or safety) -Court said agency expanded its own authority by ignoring procedural requirements -Violates non-delegation because authority is too broad without showing need |
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Myers |
-LIMITS ON NON-DELEGATION/REMOVAL -Statute allows postmasters to be appointed/removed by President with consent on Senate. -Wilson removed Myers without Senate consent -Government said limiting a President's power to remove executive branch officer would be uncon. -Court says the power of the President to remove purely executive branch subordinates is inherent in the con. power of the President, otherwise violation of separation of power |
