POL 117a Lecture 6: The Benzene Case Lecture Notes
7 Feb 2017
School
Department
Course
Professor
Document Summary
The schechter rule establishes judicial review for administrative agencies, and the non- Congress, an elected body, makes laws and checks the executive. The courts interpret the law; the constitution is supreme not the supreme court. Delegation says that congress cannot delegate its power to the executive. Rulemaking is quasi legislative and requires a framework of law created by congress, so that the agencies can act to enforce the law. Agencies are created to enforce law passed by congress. Rulemaking and adjudication is enforcement the court disagreed. The ftc reasonably decides what an unfair trade practice is by following guidelines set by congress. The courts can determine if congress has been reasonable in setting these guidelines (intelligible principle), as written by justice blackmun in mistretta. Procedural guidelines seek to limit the discretion of the. The congress is still making the law if the executive is following their procedures, which are subject to judicial review.
