Topic V - Administrative State and the Executive Flashcards
(13 cards)
What is the role of OIRA in the regulatory process?
It reviews significant regulations for cost-benefit compliance and alignment with presidential priorities before finalization.
What did Clinton’s Executive Order 12866 change in OIRA review?
It maintained regulatory review but emphasized agency autonomy and policy alignment with the President’s goals.
What is the Congressional Review Act (1996)?
A law allowing Congress to disapprove new agency rules via joint resolution signed by the President.
What constitutional problem does Kagan identify in presidential administration?
The President directing agency policy by removing officials may conflict with the legislative delegation structure.
How does Kagan defend presidential administration?
She argues Congress usually intends executive agencies to be under presidential control unless clearly stated otherwise.
What are Kagan’s two main justifications for presidential administration?
Accountability and effectiveness.
What is the ‘unitary executive’ theory?
A view that all executive power resides in the President, who must have control over all administrative actions.
What did the Court decide in Seila Law v. CFPB (2020)?
That the CFPB’s single-director structure violates separation of powers as the President cannot remove the director at will.
What makes the CFPB structure problematic under Article II?
It concentrates executive power in a single director not directly accountable to the President or electorate.
Why did the Court not fully overturn Humphrey’s Executor in Seila Law?
The Court narrowed its scope but left it standing for multi-member commissions, not single-director agencies.
What does Ruffert say about administrative legitimacy?
It should derive from the democratic principle and balance between political control and bureaucratic expertise.
What is the classical model of administrative legitimacy?
Hierarchy based on the Weberian model of bureaucracy.
Why is the divide between political and technical flawed according to Ruffert?
All administrative decisions can carry political implications, making the divide artificial.
