SPEA V 184 Exam 1 Detailed Questions And Expert Verified Solutions
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Course
SPEA V 184
Institution
SPEA V 184
Federal judges are appointed by - Correct Answer the president and confirmed by the senate
Federal judges serve - Correct Answer during good behavior "for life" - until they resign, die, or are removed from office
State judges serve - Correct Answer terms that vary across the states - m...
SPEA V 184 Exam 1 Detailed Questions And Expert
Verified Solutions
Federal judges are appointed by - Correct Answer the president and confirmed by the senate
Federal judges serve - Correct Answer during good behavior "for life" - until they resign, die, or are
removed from office
State judges serve - Correct Answer terms that vary across the states - most trial judges are elected
Which judges are appointed by the President and confirmed by the Senate? - Correct Answer Supreme
Court Justices, court of appeals Circuit judges, and district court judges
What is the Administrative Procedures Act and what does it do? - Correct 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. - Correct 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. - Correct 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? - Correct 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? - Correct 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. - Correct 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? - Correct 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? - Correct Answer The overriding of state law by federal law.
What clause is the basis for preemption? - Correct Answer The Supremacy Clause
What is the Supremacy Clause? - Correct Answer Constitution is the supreme law of the land (federal
law preempts state law)
What are the 3 types of preemption? - Correct Answer 1) Direct Express Preemption
2) Implied Conflict Preemption
3) Implied Field Preemption
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