Nondelegation
Appointment & Removal
Judicial Review
Constitutional Powers
Rulemaking
100

This case established the intelligible principle test for determining whether Congress has constitutionally delegated its authority.

J.W. Hampton Jr. & Co. v. United States

100

This case held that Congress may create federal offices but cannot itself appoint officers exercising significant federal authority.

Buckley v. Valeo

100

This case reinforced the hard look doctrine, requiring agencies to justify their decisions through reasoned decision-making.

Motor Vehicle Manufacturers Association v. State Farm

100

This case held that Congress cannot require Senate consent before the President removes a purely executive officer.

Myers v. United States

100

This case held that courts generally cannot impose additional agency rulemaking procedures beyond those required by Congress or the Constitution.

Vermont Yankee Nuclear Power Corp. v. NRDC

200

What must Congress provide to satisfy the intelligible principle test?

Guiding standards, goals, or limits that allow a court to determine whether the delegate is acting within its authority.

200

What constitutional process is ordinarily required to appoint a principal officer?

Presidential nomination and Senate advice and consent.

200

Which APA provision requires courts to set aside arbitrary and capricious agency action?

APA § 706(2)(A).

200

Which constitutional clause requires the President to ensure that laws are faithfully executed?

Article II, § 3 — the Take Care Clause.

200

What section of the APA establishes ordinary notice-and-comment rulemaking procedures?

APA § 553.

300

This case held that Congress gave the President excessive discretion to establish industry codes without an adequate guiding principle.

Schechter Poultry Corp. v. United States

300

This case identified limited jurisdiction, tenure, duties, and subordination as considerations for classifying an inferior officer.

Morrison v. Olson

300

What must an agency consider to satisfy hard look review?

 1. The agency relied on factors Congress didnt want considered. 

2. The agency failed to consider an important aspect of the problem

3. The agency offered a rationale for the decision unsupported by the evidence. 

4. The agency reached an implausible decision. 

300

What is the main constitutional argument supporting nondelegation?

Article I vests legislative powers in Congress, so Congress cannot surrender its lawmaking responsibility.

300

What are the three basic procedural requirements of informal rulemaking?

Notice of proposed rulemaking, opportunity to comment, and consideration of comments followed by a final rule with a concise general statement of basis and purpose.

400

This case upheld the EPA's authority to set air quality standards 'requisite' to protect public health, despite substantial agency discretion.

Whitman v. American Trucking Associations

400

This case emphasized that inferior officers must be directed and supervised by principal officers.

Edmond v. United States

400

Under State Farm, is rescinding a regulation exempt from arbitrary and capricious review? And why? 

No. An agency must provide a reasoned explanation for rescinding a rule.

400

What is the primary argument supporting unitary executive theory?

The President must possess sufficient authority to direct and supervise executive officers to faithfully execute the laws.


400

Under State Farm, is rescinding a regulation exempt from arbitrary and capricious review?

No. An agency must provide a reasoned explanation for rescinding a rule.

500

Why does the Court generally permit Congress to delegate significant discretion to agencies?

Congress can establish policy and governing standards while agencies handle implementation, technical details, and changing conditions. 

Congress is also limited in time and resources. 

500

This case held that two layers of for-cause removal protection unconstitutionally insulated officers from presidential control.

Free Enterprise Fund v. PCAOB

500

How do Vermont Yankee and State Farm differ?

Vermont Yankee limits judicially imposed procedures; State Farm requires a substantively adequate explanation under arbitrary and capricious review.

500

How do formalist and functionalist approaches to separation of powers differ?

Formalism emphasizes preserving the Constitution's allocation of powers; functionalism focuses on whether arrangements permit effective government without impermissibly undermining constitutional functions.

500

What is the key difference between informal and formal rulemaking?

Informal rulemaking ordinarily uses notice and written comments; formal rulemaking involves additional hearing procedures under APA §§ 556–557 when triggered by the governing statute.

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