Question 1

What is agency discretion?

Accepted Answer

Discretion is the ability possessed by agencies to make choices in the way they do their work.

Question 2

Discuss the delegation and nondelegation doctrine.

Accepted Answer

Delegation can be seen as the transfer of power by Congress to an administrative agency Be- cause Article I of the U.S.Constitution vests leg- islative power in Congress, constitutional issues have been raised to the legitimacy of administra- tive agencies.The nondelegation doctrine recog- nizes this dilemma and concerns itself with the limits and requirements of a valid delegation of power to an administrative agency.

Question 3

State four sources of administrative law.

Accepted Answer

1.The Constitution
2.Executive orders
3.Regulations
4.Statutes

Question 4

The function of administrative agencies is:

Accepted Answer

The primary function of administrative agencies is to make and implement rules and regulations, usually within a specific area of authority or expertise, such as the Environmental Protection Agency or the Federal Communications Commission. They are not designed to provide a check on the power of Congress.

Question 5

State the names and function of five federal agencies.

Accepted Answer

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Question 6

Describe the scope of administrative law.

Accepted Answer

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Question 7

Administrative law touches and concerns most aspects of life in the United States.

Accepted Answer

Administrative law is the body of law that governs the activities of administrative agencies of the government. These agencies touch and concern most aspects of life in the United States, from healthcare to immigration to environmental protection. Therefore, the statement is true.

Question 8

The cabinet departments such as the Department of Defense can be described as follows:

Accepted Answer

Cabinet departments, including the Department of Defense, are headed by a presidential appointee who serves as the Secretary of the department.

Question 9

State three powers possessed by administrative agencies.

Accepted Answer

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Question 10

Give some reasons for the importance of admin- istrative law.

Accepted Answer

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Question 11

Which of the following is not a power of an ad- ministrative agency?

Accepted Answer

Punishment for criminal violations is not a power of an administrative agency. This is typically the role of the criminal justice system and law enforcement agencies. Administrative agencies do have the power of rulemaking, adjudication, and executive powers such as granting licenses or permits.

Question 12

What are some of the various types of agencies?

Accepted Answer

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Question 13

Delegations of power from Congress to the agen- cies are generally unconstitutional.

Accepted Answer

Delegations of power from Congress to the agencies are a common and constitutional practice. The Supreme Court has held that as long as Congress provides an "intelligible principle" to guide agency decision-making, such delegations are permissible under the Constitution's separation of powers.

Question 14

List and briefly describe the powers possessed by agencies.

Accepted Answer

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Question 15

How are agencies created?

Accepted Answer

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Question 16

The secretaries of cabinet departments are:

Accepted Answer

Cabinet secretaries are appointed by the President and serve at the pleasure of the President, making them directly accountable to the President. Therefore, both options A and B are correct. Option C is incorrect, as they are not responsible directly to the Supreme Court.

Quiz 1: Introduction to Administrative Law