SPEA-V 184 Exam 1 Questions and Answers(A+
Solution guide)
Federal judges are appointed by - ANSWER the president and confirmed by the
senate
Federal judges serve - ANSWER during good behavior "for life" - until they resign,
die, or are removed from office
State judges serve - ANSWER terms that vary across the states - most trial judges
are elected
Which judges are appointed by the President and confirmed by the Senate? -
ANSWER Supreme Court Justices, court of appeals Circuit judges, and district
court judges
What is the Administrative Procedures Act and what does it do? - ANSWER A
Congressional statute that gives federal agencies the power to issue rules and
regulations - they must give notice and comment period for new rules
Explain how agencies have quasi-legislative authority. - ANSWER Congress has
legislative power, but leaves it up to agencies (NASA, FDA, etc) to "fill in the details"
- realistically, Congress has to delegate
Explain the basics of establishing an agency. - ANSWER 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
What are the two primary restrictions on a federal agency? - ANSWER It is 1)
bound by the Constitution and 2) bound by the agency's authorizing statute
What Supreme Court case reflects the concept of administrative agencies? -
ANSWER Chevron USA Inc v. Natural Resources Defense Council Inc., et al
Briefly explain the Chevron case, what the Supreme Court ruled, and any concurring
or dissenting opinions. - ANSWER Under the Clean Air Act, states that had not
reached national air quality standards had to establish a permit program regulating
new or modified stationary sources of pollution (ex. manufacturing plants). The EPA
passed a regulation under the act that allowed states to treat all pollution-emitting
devices as though they were in a "bubble", meaning they did not need a permit to
install or modify one piece of equipment as long as it did not increase the total
emissions of the plant. Several environmental groups challenged the "bubble
provision", and the US Court of Appeals set aside the provision, saying it was
inappropriate, and it went to the Supreme Court, the issue being if the EPA was
, permitted to define the term "stationary source" to mean whole industrial plants only
(which allows plants to build or modify units without the permit required in the Act).
The Supreme Court unanimously held that the bubble regulation was a reasonable
interpretation of the term "stationary source" and reversed the ruling.
What did Justice Gorsuch say about Chevron? - ANSWER "Chevron permits
executive bureaucracies to swallow huge amounts of core judicial and legislative
power and concentrate federal power in a way that seems more than a little difficult
to square with the Constitution of the framers' design"
"Can Congress really delegate its legislative authority - its power to write new rules
of general applicability - to executive agencies?"
Gorsuch and others were upset that the EPA even had the authority to enforce this
regulation.
What is preemption? - ANSWER The overriding of state law by federal law.
What clause is the basis for preemption? - ANSWER The Supremacy Clause
What is the Supremacy Clause? - ANSWER Constitution is the supreme law of the
land (federal law preempts state law)
What are the 3 types of preemption? - ANSWER 1) Direct Express Preemption
2) Implied Conflict Preemption
3) Implied Field Preemption
Define direct express preemption. - ANSWER In a particular case, federal law says
we mean to replace any state laws on this topic.
Define implied conflict preemption. - ANSWER In a case of conflict, we cannot meet
both state and federal law requirements, so what do we do? Federal law is supreme.
Define implied field preemption. - ANSWER Federal law sets up a comprehensive
scheme and these federal laws should supplant state laws because Congress has
"occupied the field".
What are the 3 questions we can ask to determine preemption type? - ANSWER 1)
Did it expressly say "this federal law overrides state laws"? - if so, direct express
preemption
2) Did it imply that federal law should "trump" state laws? - if so, implied conflict
preemption
3) Does Congress regulate the entire subject matter - is the "field" preempted? - if
so, implied field preemption
What Supreme Court case reflects the concept of preemption of state law? -
ANSWER Arizona v. United States (Arizona SB 1070)
Solution guide)
Federal judges are appointed by - ANSWER the president and confirmed by the
senate
Federal judges serve - ANSWER during good behavior "for life" - until they resign,
die, or are removed from office
State judges serve - ANSWER terms that vary across the states - most trial judges
are elected
Which judges are appointed by the President and confirmed by the Senate? -
ANSWER Supreme Court Justices, court of appeals Circuit judges, and district
court judges
What is the Administrative Procedures Act and what does it do? - ANSWER A
Congressional statute that gives federal agencies the power to issue rules and
regulations - they must give notice and comment period for new rules
Explain how agencies have quasi-legislative authority. - ANSWER Congress has
legislative power, but leaves it up to agencies (NASA, FDA, etc) to "fill in the details"
- realistically, Congress has to delegate
Explain the basics of establishing an agency. - ANSWER 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
What are the two primary restrictions on a federal agency? - ANSWER It is 1)
bound by the Constitution and 2) bound by the agency's authorizing statute
What Supreme Court case reflects the concept of administrative agencies? -
ANSWER Chevron USA Inc v. Natural Resources Defense Council Inc., et al
Briefly explain the Chevron case, what the Supreme Court ruled, and any concurring
or dissenting opinions. - ANSWER Under the Clean Air Act, states that had not
reached national air quality standards had to establish a permit program regulating
new or modified stationary sources of pollution (ex. manufacturing plants). The EPA
passed a regulation under the act that allowed states to treat all pollution-emitting
devices as though they were in a "bubble", meaning they did not need a permit to
install or modify one piece of equipment as long as it did not increase the total
emissions of the plant. Several environmental groups challenged the "bubble
provision", and the US Court of Appeals set aside the provision, saying it was
inappropriate, and it went to the Supreme Court, the issue being if the EPA was
, permitted to define the term "stationary source" to mean whole industrial plants only
(which allows plants to build or modify units without the permit required in the Act).
The Supreme Court unanimously held that the bubble regulation was a reasonable
interpretation of the term "stationary source" and reversed the ruling.
What did Justice Gorsuch say about Chevron? - ANSWER "Chevron permits
executive bureaucracies to swallow huge amounts of core judicial and legislative
power and concentrate federal power in a way that seems more than a little difficult
to square with the Constitution of the framers' design"
"Can Congress really delegate its legislative authority - its power to write new rules
of general applicability - to executive agencies?"
Gorsuch and others were upset that the EPA even had the authority to enforce this
regulation.
What is preemption? - ANSWER The overriding of state law by federal law.
What clause is the basis for preemption? - ANSWER The Supremacy Clause
What is the Supremacy Clause? - ANSWER Constitution is the supreme law of the
land (federal law preempts state law)
What are the 3 types of preemption? - ANSWER 1) Direct Express Preemption
2) Implied Conflict Preemption
3) Implied Field Preemption
Define direct express preemption. - ANSWER In a particular case, federal law says
we mean to replace any state laws on this topic.
Define implied conflict preemption. - ANSWER In a case of conflict, we cannot meet
both state and federal law requirements, so what do we do? Federal law is supreme.
Define implied field preemption. - ANSWER Federal law sets up a comprehensive
scheme and these federal laws should supplant state laws because Congress has
"occupied the field".
What are the 3 questions we can ask to determine preemption type? - ANSWER 1)
Did it expressly say "this federal law overrides state laws"? - if so, direct express
preemption
2) Did it imply that federal law should "trump" state laws? - if so, implied conflict
preemption
3) Does Congress regulate the entire subject matter - is the "field" preempted? - if
so, implied field preemption
What Supreme Court case reflects the concept of preemption of state law? -
ANSWER Arizona v. United States (Arizona SB 1070)
