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Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik
Legislation and Policy Brief
The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …
Regulatory Translations: Expertise And Affect In Global Legal Fields (Symposium Introduction), Ziya Umut Turem, Andrea Ballestero
Regulatory Translations: Expertise And Affect In Global Legal Fields (Symposium Introduction), Ziya Umut Turem, Andrea Ballestero
Indiana Journal of Global Legal Studies
Regulatory Translations: Expertise and Affect in Global Legal Fields, Symposium, May 16-18, 2013, Istanbul, Turkey
Federalism And Administrative Law: Regulatory Power And The U.S. Constitution, Ashley Ruggiero
Federalism And Administrative Law: Regulatory Power And The U.S. Constitution, Ashley Ruggiero
Commonwealth Review of Political Science
This paper examines the Administrative Procedure Act (APA) and its impact on state authority and regulatory federalism. It contends that the Administrative Procedure Act of 1946 transformed traditional ideals of federalism and paved the way for the more centralized administrative process we know today. The paper begins by providing a brief history and breakdown of the act and proceeds to consider key Supreme Court cases. It concludes with an assessment of the Administrative Procedure Act's impact on the American political system, especially as it pertains to federalism, checks and balances, and the potential for fraud and corruption in vast federal …