Nondelegation
This case established the intelligible principle test for determining whether Congress has constitutionally delegated its authority.
J.W. Hampton Jr. & Co. v. United States
This case held that Congress may create federal offices but cannot itself appoint officers exercising significant federal authority.
Buckley v. Valeo
This case reinforced the hard look doctrine, requiring agencies to justify their decisions through reasoned decision-making.
Motor Vehicle Manufacturers Association v. State Farm
This case held that Congress cannot require Senate consent before the President removes a purely executive officer.
Myers v. United States
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
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.
What constitutional process is ordinarily required to appoint a principal officer?
Presidential nomination and Senate advice and consent.
Which APA provision requires courts to set aside arbitrary and capricious agency action?
APA § 706(2)(A).
Which constitutional clause requires the President to ensure that laws are faithfully executed?
Article II, § 3 — the Take Care Clause.
What section of the APA establishes ordinary notice-and-comment rulemaking procedures?
APA § 553.
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
This case identified limited jurisdiction, tenure, duties, and subordination as considerations for classifying an inferior officer.
Morrison v. Olson
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.
What is the main constitutional argument supporting nondelegation?
Article I vests legislative powers in Congress, so Congress cannot surrender its lawmaking responsibility.
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.
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
This case emphasized that inferior officers must be directed and supervised by principal officers.
Edmond v. United States
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.
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.
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.
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.
This case held that two layers of for-cause removal protection unconstitutionally insulated officers from presidential control.
Free Enterprise Fund v. PCAOB
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.
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.
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.