Administrative Law
Chapter 5 -
Part 3
ADVANCED STUDIES
Outline and/or List
1. Locate in the Federal Register a final rule like that illustrated in Exhibit 5.3 (page 161) and outline it.
This will vary depending on the Final Rule located by the student. It’s outline should include the agency, the summary, date, addresses, discussion, examination, comments, if available.
2. In Document 3 (Chadha), outline the actions of Congress and Justice White’s
dissent in §244 (c )(2). (pages 183-185)
House of Representatives passed a resolution without debate, recorded vote, and without a Senate vote
White dissented saying Congress has no legislative veto over agency rules, while agencies make their rules that have effect of law
3. List the factors the Commission must consider in fixing compensation for car service by common carriers on page 181.
The factors are the national level of ownership of such type of freight car and to other factors affecting the adequacy of the national freight car supply,
Analyzing Documents
1. In Document 1 (Vermont Yankee), write the facts in the case. (pages 179-180)
Nuclear power plant, agency discretion does not need formal hearings
2. In Document 1, explain the Supreme Court’s decision. (page 179-180)
Agency follows the statute
3. In Document 3, what did the Court state that the House of Representatives had no right to invalidate the deportation suspension in Chadha? (pages 183-185)
The House had no right to veto Attorney General and INS suspension of deportation because of separation of powers; House is legislative
4. In Document 5, choose one of the fields impacted (page 187) that have a case in this Advanced Studies section. Explain the issue in that case.
a) Immigrants – legislative veto – separation of powers – no legislative
review of agency rule
b) Nuclear Power – informal rule – agency makes own rules (APA
Standards)
c) Railroads – formal rule – formal rules aren’t necessary