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The Administrative Procedures Act and the Separation of Powers, Exams of Law

Indiana University EastLaw

An overview of the administrative procedures act, which governs the way federal administrative agencies can propose and establish new regulations. It also discusses the concept of preemption, where federal law overrides state law, as well as the commerce clause and the tax and spend powers of congress. Key supreme court cases that have shaped the understanding of these constitutional principles, such as chevron, arizona v. United states, wickard v. Filburn, and nfib v. Sebelius. Additionally, it touches on the differences between substantive and procedural law, as well as the distinction between common law, statutory law, and executive action. Overall, this document offers a comprehensive examination of the complex interplay between the legislative, executive, and judicial branches of the federal government, and how they shape the development and implementation of laws and regulations.

Typology: Exams

2024/2025

Available from 10/07/2024

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SPEA V 184 Examination Questions with
Answers 2024/2025 Exam A+ Graded.
1. What is case law? - ✔✔How judges interpret the law and apply it to
a case
2. Moore v. State had 2 legal questions - what do they reference? -
✔✔Public policy and the right to consume alcoholic beverages
3. A decision that is a minority - (4) of Supreme Court justices approve -
is sent back to Congress. True or false? - ✔✔False
4. What is the Administrative Procedures Act? - ✔✔A statute that
governs the way federal administrative agencies can propose and
establish new regulations
5. Federal judges are appointed by - ✔✔the president and confirmed
by the senate
6. Federal judges serve - ✔✔during good behavior "for life" - until they
resign, die, or are removed from office
7. State judges serve - ✔✔terms that vary across the states - most trial
judges are elected
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SPEA V 184 Examination Questions with

Answers 2024/2025 Exam A+ Graded.

  1. What is case law? - ✔✔How judges interpret the law and apply it to a case
  2. Moore v. State had 2 legal questions - what do they reference? - ✔✔Public policy and the right to consume alcoholic beverages
  3. A decision that is a minority - (4) of Supreme Court justices approve - is sent back to Congress. True or false? - ✔✔False
  4. What is the Administrative Procedures Act? - ✔✔A statute that governs the way federal administrative agencies can propose and establish new regulations
  5. Federal judges are appointed by - ✔✔the president and confirmed by the senate
  6. Federal judges serve - ✔✔during good behavior "for life" - until they resign, die, or are removed from office
  7. State judges serve - ✔✔terms that vary across the states - most trial judges are elected
  1. Which judges are appointed by the President and confirmed by the Senate? - ✔✔Supreme Court Justices, court of appeals Circuit judges, and district court judges
  2. What is the Administrative Procedures Act and what does it do? - ✔✔A Congressional statute that gives federal agencies the power to issue rules and regulations - they must give notice and comment period for new rules
  3. Explain how agencies have quasi-legislative authority. - ✔✔Congress has legislative power, but leaves it up to agencies (NASA, FDA, etc) to "fill in the details" - realistically, Congress has to delegate
  4. Explain the basics of establishing an agency. - ✔✔Congress creates an agency, and then that agency is empowered to act according to its "creation" statute - the actions of a federal agency must be within the bounds of the statute and, of course, Constitutional
  5. What are the two primary restrictions on a federal agency? - ✔✔It is 1) bound by the Constitution and 2) bound by the agency's authorizing statute

way that seems more than a little difficult to square with the Constitution of the framers' design"

  1. "Can Congress really delegate its legislative authority - its power to write new rules of general applicability - to executive agencies?"
  2. Gorsuch and others were upset that the EPA even had the authority to enforce this regulation.
  3. What is preemption? - ✔✔The overriding of state law by federal law.
  4. What clause is the basis for preemption? - ✔✔The Supremacy Clause
  5. What is the Supremacy Clause? - ✔✔Constitution is the supreme law of the land (federal law preempts state law)
  6. What are the 3 types of preemption? - ✔✔1) Direct Express Preemption
    1. Implied Conflict Preemption
    1. Implied Field Preemption
  1. Define direct express preemption. - ✔✔In a particular case, federal law says we mean to replace any state laws on this topic.
  2. Define implied conflict preemption. - ✔✔In a case of conflict, we cannot meet both state and federal law requirements, so what do we do? Federal law is supreme.
  3. Define implied field preemption. - ✔✔Federal law sets up a comprehensive scheme and these federal laws should supplant state laws because Congress has "occupied the field".
  4. What are the 3 questions we can ask to determine preemption type? - ✔✔1) Did it expressly say "this federal law overrides state laws"? - if so, direct express preemption
    1. Did it imply that federal law should "trump" state laws? - if so, implied conflict preemption
    1. Does Congress regulate the entire subject matter - is the "field" preempted? - if so, implied field preemption
  7. What Supreme Court case reflects the concept of preemption of state law? - ✔✔Arizona v. United States (Arizona SB 1070)
  1. Explain the basics of appellate courts. - ✔✔Appellate courts do not retry facts of cases, they handle questions of the law only.
  2. No jury, three judges.
  3. What is Commerce Clause? - ✔✔Gives Congress power to regulate commerce within foreign nations, among states, and with the Indian tribes
  4. Explain the difference between interstate commerce and intrastate commerce. - ✔✔Interstate: between states
  5. Intrastate: within one state
  6. What Supreme Court cases reflect the concept of Commerce Clause? - ✔✔Wickard v. Filburn and United States v. Lopez
  7. Briefly explain Wickard v. Filburn, what the Supreme Court ruled, and any concurring or dissenting opinions. - ✔✔Congress set limits on wheat production. Filburn was found to be growing too much wheat, and was fined. When fined, he challenged Congress.
  1. The Supreme Court held that when you add up all the small wheat crops on farms, there was an aggregate affect on interstate commerce.
  2. Judge Rehnquist had a dissenting opinion, stating that "one of the greatest 'fictions' of our federal system is that Congress only has enumerated powers" (very critical of this expansion)
  3. What effect did Wickard v. Filburn have on Congress and the Commerce Clause? - ✔✔After this case, Congress regulated all types of subject matter under the Commerce Clause - carjacking, loansharking, racial discrimination, food sales, minimum wage, etc
  4. This case VERY much expanded what was controlled under the Commerce Clause
  5. Briefly explain United States v. Lopez, what the Supreme Court ruled, and any concurring or dissenting opinions. - ✔✔Federal law criminalized gun possession within 1,000 feet of a school under the 1990 Gun-Free School Zones Act. Lopez brought a loaded gun to school and was charged under Texas state law with possession of a firearm on school premises. The next day, the state charges were dismissed and he was charged with violating a federal criminal statute (1990 GFSZA). Lopez argued that the GFSZA overstepped Congress' use of the Commerce Clause. The question for the Supreme Court: Is the 1990 Gun-Free School Zones Act
  1. What Supreme Court cases reflect the concept of the tax and spend powers of Congress? - ✔✔NFIB v. Sebelius (Affordable Care Act)
  2. South Dakota v. Dole (underage drinking)
  3. Briefly explain NFIB v. Sebelius, what the Supreme Court ruled, and any concurring or dissenting opinions. - ✔✔Congress passed the ACA to address the millions of Americans without insurance taking advantage of health care services. In short, those who failed to purchase and maintain a minimum level of health insurance had to pay a tax penalty. The ACA also had an expansion of Medicaid, which states had to accept to receive federal funds for Medicaid, and a mandate that employers had to obtain health coverage for employees. After this, 13 states brought actions to the US District Court saying the ACA was unconstitutional on several grounds, and were subsequently joined by 13 additional states, the NFIB, and individual plaintiffs. They argued that 1) the individual mandate exceeded Congress' enumerated powers under the Commerce Clause; 2) the Medicaid expansions were unconstitutionally coercive; and 3) the employer mandate impermissibly interfered with state sovereignty. The Court ruled that the individual mandate provision was not a valid exercise of Congress' commerce or taxing powers, and held the entire act invalid because the mandate could not be taken away on its own. The Court granted judgment to the Medicaid expansions, as they did not find sufficient evidence to support that it was unconstitutionally coercive.
  1. The Court held unanimously that the Anti-Injunction Act did not bar the suit - Congress did not intend that the payment for non- compliance with the Individual Mandate be a tax for purposes of the Anti-Injunction Act
  2. Briefly explain South Dakota v. Dole, what the Supreme Court ruled, and any concurring or dissenting opinions. - ✔✔In 1984, Congress enacted legislation ordering the Secretary of Transportation to withhold five percent of federal highway funds from states that did not adopt a 21-year-old minimum drinking age. South Dakota, which allowed people of age 19 to purchase alcohol, challenged the law. The question involved Congress exceeding its spending powers or violating the 21st amendment by passing legislation conditioning the award of federal highway funds on the states' adoption of a uniform minimum drinking age.
  3. The Court held that Congress acting indirectly to encourage a uniform drinking age was within Constitutional bounds, as the legislation was in pursuit of "general welfare" and the 5% loss of high was funds was not unduly coercive
  4. Explain enumerated powers. - ✔✔Limited powers of the United States Congress, listed in Article I Section 8 of the US Constitution
  5. FEDERAL

framers indicated they didn't want their intent to control; we also need flexibility to protect governmental roles.

  1. What are some problems with non-originalism? - ✔✔When comparing historical meaning and contemporary opinions and views, there could be disconnect and decisions would depend solely on good judgment; outcomes depend on the political views of the judges and are unmoored from historical intent.
  2. What Supreme Court case reflects the problems with originalism and non-originalism interpretation? - ✔✔Carpenter v. United States
  3. Briefly explain Carpenter v. United States, what the Supreme Court ruled, and any concurring or dissenting opinions. - ✔✔In 2011, 4 men were arrested in connection with a series of armed robberies. One of the men confessed to the crimes, giving the FBI his cell phone number and the numbers of the other participants. The FBI used this to apply for 3 orders to obtain "transactional records", which magistrate judges granted. These records included date and time of calls as well as approximate locations, leading to the government charging Timothy Carpenter with aiding and abetting robbery. Carpenter moved to suppress this evidence on the grounds of the Fourth Amendment, arguing that the FBI needed a warrant. The district court denied the motion to suppress, and the Sixth Circuit court affirmed. Does the warrantless search and seizure of cell phone records (including location and movement data) violate the Fourth Amendment?
  1. Supreme Court held that it did violate his Fourth Amendment right against unreasonable searches and seizures, acknowledging that the Fourth Amendment protects reasonable expectations to privacy.
  2. Justice Gorsuch filed a dissenting opinion, emphasizing the "original understanding" of the Fourth Amendment, lamenting the Court's departure from it.
  3. What are the 3 zones of presidential authority? - ✔✔Zone 1: Acts with Congress' express of implied authorization - power is the strongest
  4. Zone 2: Acts without a Congressional grant or denial of authority - power depends on circumstances and reactions of others
  5. Zone 3: Acts in conflict with Congress' express or implied will - power is at its lowest
  6. What Supreme Court case reflects the concept of the executive action as well as the 3 zones of authority? - ✔✔Youngstown Co. v. Sawyer (1952)
  1. Reflects society's values
  2. List the sources of law. - ✔✔Natural law, positive law, and the sociological approach.
  3. What is natural law? - ✔✔Moral laws and truths of nature that cannot or should not be violated; "higher law" from a deity or fundamental moral values (ex.: murder is a sin, murder is inherently wrong).
  4. What is positive law? - ✔✔The idea that law should reflect the will of the majority.
  5. What is the sociological approach? - ✔✔Law should represent a reflection of the values, mores, and culture of the society that produces it
  6. What is substantial law? - ✔✔It is concerned with the content or substance of the law - substantive law will clearly define what behavior and elements define a crime as well as the range of punishment
  7. What is procedural law? - ✔✔Governs the process of the law - how the law is applied (such as due process - guaranteed the right to remain silent, the right to trial by jury, the right to counsel, etc)
  1. What is criminal law? - ✔✔Deals with activities formally forbidden by a society's government, from parking violations to homicide.
  2. What is civil law? - ✔✔Governs the relationships between individuals in the course of their private affairs (matters such as contracts, property, wills, torts, etc).
  3. What is constitutional law? - ✔✔The most basic fundamental law; the supreme law of the land.
  4. What is statutory law? List some examples. - ✔✔Statutes are laws created by the legislative process. When the US House and the US Senate vote to approve a draft (a bill) it becomes a law if the president does not veto; parallel procedures happen at state legislatures and local/county government.
  5. Examples include criminal law, federal programs (like Social Security), federal tax laws, federal laws establishing agencies like the FDA.
  6. What is administrative law? - ✔✔Law that controls those whom Congress has empowered to regulate on its behalf - governs administrative agencies.

public policy. Bob Jones University challenged the revocation of its tax-exempt status on three grounds: 1) that IRS had no authority to promulgate Revenue Ruling 71-447; 2) the IRS's application of the common law definition of "charitable" was inappropriate; and 3) the IRS's construction of 501(C)(3) violated the Free Exercise Clause of the First Amendment because the university's racial policy was based on sincere religious beliefs.

  1. The Supreme Court rejected all three of the university's challenges.
  2. Explain judicial review. - ✔✔Ability of courts (not just the Supreme Court) to be the arbiter of constitutionality of acts of legislature and executive - basically, the power of all courts to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the Constitution - the power to declare a law unconstitutional
  3. What Supreme Court case established judicial review? - ✔✔Marbury v. Madison
  4. Briefly explain Marbury v. Madison, what the Supreme Court ruled, and any concurring or dissenting opinions. - ✔✔Jefferson beat Adams in the 1800 presidential election. Before Thomas Jefferson took Presidential office on March 4, 1801, Adams and Congress passed the Judiciary Act 1801, which created new courts, added

judges, and gave the president more control over appointment of judges. This was an attempt to frustrate Jefferson, as Adams used this act to appoint 16 new circuit judges and 42 new justices of the peace - but even though these appointees were approved by the Senate, they were not valid until their commissions were delivered by the Secretary of State, James Madison. William Marbury had been appointed Justice of the Peace in District of Columbia, but his commission was not yet delivered. He petitioned the Supreme Court to compel Madison to deliver the documents. He and 3 other appointees petitioned for a writ of mandamus (an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion) compelling the delivery of the commissions.

  1. The Supreme Court found that Madison's refusal to deliver the commission was illegal, but did not order Madison to hand over Marbury's commission via writ of mandamus. Instead, the Court held that the provision of the Judiciary Act of 189 enabling Marbury to bring his claim to the Supreme Court itself was unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III, Section 2, established.
  2. Justice Marshall expanded that a writ of mandamus was the best way to fix the situation, but concluded that the Court could not issue it. He reasoned that the Judiciary Act of 1789 conflicted with the Constitution. Congress did not have power to modify the Constitution through regular legislation because the Supremacy Clause places the Constitution before