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Leg / Reg Schema

You are here.

~Leg / Reg Mastery~

Introduction

You are here!

Introduction

(1) Congress,

(2) POTUS + Agencies, &

(3) Courts

  • As of 9/2, we are starting to wrap up Congress, with a special focus on how a bill becomes a law.

  • Over the course of the next month, we will learn more about:
  • POTUS and Agency Authority
  • Federal Courts

  • Q1: Why do we spend so much time covering this "introductory" material?

  • Q2: How does this prepare us for what we will study next?

Approx. Sept. 21

Congress

How do these cases help answer these questions?

  • What is a legislative vetogate?
  • Why is a legislative vetogate important?

  • Structural Limits on Congressional Authority
  • What is Separation of Powers?
  • What is the Nondelegation Doctrine?
  • What is a line item veto?

  • When Congress delegates power to an agency, what must it do in order to overturn/change an agency decision?

1. Congress

Reviewing Cases!

Chadha

1. Check where the case falls in your table of contents.

2. Review Prof. Hoffman's powerpoint - note if she indicates a takeaway (!!!) from a case.

4. What actions by Congress is the Court reviewing?

5. Note any relevant Constitutional provisions, rules, etc. that the Court relies on in its reasoning.

6. If the case has a concurring or dissenting opinion, note that Justice's perspective too.

Example: Fruit Snack Dept. v. Molly

Bowsher

(1) Issue:

  • Whether Congress acts unconstitutionally when it decides to expel Molly, a CSU student, by passing a resolution in the House.

(2) Facts

  • The Fruit Snack Dept., a federal agency, permitted Molly to stay at CSU so long as she brought Fruit Snacks to her AEP session.
  • Congress took action; decided to put a resolution before the House to expel Molly; it passes.

(3) Law: Bicameralism and Presentment (spell out full rule statement)

(4) Reasoning:

  • Congress cannot act alone in unreviewable force of law.
  • By placing a resolution before the House, it never went to the Senate.
  • The President never had the chance to veto it.
  • There are 4 provisions of the Constitution that allow Congress to act without subject to the POTUS' veto. Expelling Molly is not one of those acts.

Clinton

2. POTUS & Agencies

3. Courts

Statutory Interpretation

(1) Theories

(2) Canons

(3) Legislative History

Implementation

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