Does Congress Delegate Too Much Power to Agencies and what Should be Done about It?: Hearing Before the Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs of the Committee on Government Reform, House of Representatives, One Hundred Sixth Congress, Second Session, June 14, 2000 |
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20 Cardozo 20 CDZLR accountability administrative agencies agency interpretation agency's Air Quality Standards Ambient Air Quality Amendments American Trucking analysis argued Ass'n authority benefits Benzene broad delegations Chairman Chevron Cite Clean Air Act CONGRESS THE LIBRARY Congressional Responsibility Act consider costs constitutional D.C. Cir D.C. Circuit David Schoenbrod decision decisionmaking delegation doctrine democracy economic enacted EPA's executive branch Federal health effects implement intelligible principle invalidated issue J.D. Hayworth Judge Williams judicial review jurisdiction Justice Scalia lawmaking legislative power limiting Line Item Veto mandate Mashaw Mercatus Center NAAQS National Ambient Air nondelegation doctrine OSHA ozone and particulate Ozone Standards Particulate Matter political pollution President problem Professor proposed public health question Raul reasonable regulations regulatory require risk rulemaking Schechter Poultry Schuck Senator significant Spotila statute statutory Sunstein supra note Supreme Court unconstitutional United vote voters
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Page 432 - But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.
Page 374 - Congress the necessary resources of flexibility and practicality, which will enable it to perform its function...
Page 238 - Experience had proved a tendency in our governments to throw all power into the Legislative vortex. The Executives of the States are in general little more than Cyphers; the legislatures omnipotent. If no effectual check be devised for restraining the instability and encroachments of the latter, a revolution of some kind or other would be inevitable.
Page 81 - The accumulation of all powers legislative, executive, and judiciary in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.
Page 269 - The reviewing court shall: (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be — (a) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law...
Page 131 - Rather than considering the paperwork burden themselves, agencies tend to rely on the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) for analyses of paperwork burdens.
Page 269 - ... means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy...
Page 362 - That Congress cannot delegate legislative power to the President is a principle universally recognized as vital to the integrity and maintenance of the system of government ordained by the Constitution.
Page 255 - If Congress shall lay down by legislative act an intelligible principle to which the person or body authorized to fix such rates is directed to conform, such legislative action is not a forbidden delegation of legislative power.
Page 158 - Mclntosh Chairman, Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs Committee on Government Reform US House of Representatives Washington, DC 205 15 Dear Mr. Chairman...