Topic III - Administrative State and Delegation Flashcards
(12 cards)
What is the major questions doctrine?
It requires clear congressional authorization for agency decisions of vast economic and political significance.
What did the Supreme Court decide in West Virginia v. EPA (2022)?
The EPA lacked clear authority under Section 111(d) of the Clean Air Act to mandate generation shifting as a system of emission reduction.
What did Roberts say in West Virginia v. EPA about climate policy decisions?
“Only Congress can make decisions of such magnitude and consequence, not agencies.”
What was the key legal issue in Biden v. Nebraska (2023)?
Whether the Secretary of Education could cancel $430 billion in student loans under the HEROES Act.
Why did the Supreme Court strike down the loan forgiveness in Biden v. Nebraska?
Because ‘waive or modify’ does not authorize rewriting statutes to create a sweeping loan cancellation program.
What is the Meroni Doctrine in EU law?
Delegation is lawful only for clearly defined executive powers subject to strict review; not for discretionary powers.
What did the Romano case establish?
Independent agencies cannot adopt binding decisions with legal effects; only acts of general application are allowed.
What was the ESMA Short-Selling Case about?
Whether ESMA’s powers to ban short selling complied with Meroni and Romano constraints.
Why did the CJEU uphold the delegation to ESMA?
“Because ESMA’s powers were sufficiently constrained, had clear guidelines, and didn’t alter institutional balance.”
What constitutional concern arises from delegation in the US?
Delegation may undermine separation of powers and blur lines between political and technical authority.
What does Ruffert argue about administrative law?
“It relies on separating political from technical decision-making, with bureaucrats not acting as politicians.”
What did Madison say in Federalist 51 regarding legislative power?
“To prevent dominance, the legislature should be divided and kept independent through different structures.”
