Presidential Control of Agency Rulemaking: An Analysis of Constitutional Issues that May be Raised by Executive Order 12291 : a ReportU.S. Government Printing Office, 1981 - 83 strani |
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accompanying text Administrative Procedure Act administrative rulemaking agency action agency decisionmaking agency rulemaking agency's Attorney Budget Commission Congress Congressional constitutional coordinate cost-benefit analysis D.C. Cir decision decisionmaking process delegations Department direction discretion due process duties effective established ex parte contacts executive agencies Executive Branch Executive Order 12291 executive power exercise existing rule faithfully executed Federal Federal Communications Commission Federal Trade Commission final rule functions Home Box Office informal rulemaking issue judicial review Justice lawmaking major rule ment Myers notice of proposed oversight petition policymaking potential President presidential power procedural requirements promulgating proposed or existing proposed rule pursuant regulations Regulatory Impact Analysis Report responsibility RIA's role rulemaking authority rulemaking process scheme section 553 separation of powers specifically Stat statute statutory subordinate executive officers substantive supervision supra note Task Force tion United Verkuil Vermont Yankee vested veto
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Stran 33 - But it would be an alarming doctrine, that congress cannot impose upon any executive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the constitution; and in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.
Stran 1 - This Order is intended only to improve the internal management of the Federal government, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers or any person.
Stran 50 - Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.
Stran 32 - The executive power is vested in a President; and as far as his powers are derived from the Constitution, he is beyond the reach of any other department, except in the mode prescribed by the Constitution through the impeaching power.
Stran 79 - Order is intended only to improve the Internal management of the Executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
Stran 33 - It would be vesting in the President a dispensing power, which has no countenance for its support in any part of the constitution; and is asserting a principle, which, if carried out in its results, to all cases falling within it would be clothing the President with a power entirely to control the legislation of congress, and paralyze the administration of justice.
Stran 63 - A scheme of government like ours no doubt at times feels the lack of power to act with complete, all-embracing, swiftly moving authority. No doubt a government with distributed authority, subject to be challenged in the courts of law, at least long enough to consider and adjudicate the challenge, labors under restrictions from which other governments are free. It has not been our tradition to envy such governments. In any event our government was designed to have such restrictions. The price was...
Stran 63 - In the framework of our Constitution, the President's power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker. The Constitution limits his functions in the lawmaking process to the recommending of laws he thinks wise and the vetoing of laws he thinks bad.
Stran 36 - The Federal Trade Commission is an administrative body created by Congress to carry into effect legislative policies embodied in the statute in accordance with the legislative standard therein prescribed, and to perform other specified duties as a legislative or as a judicial aid. Such a body cannot in any proper sense be characterized as an arm or an eye of the executive. Its duties are performed without executive leave and, in the contemplation of the statute, must be free from executive control....
Stran 31 - States, as may be by law required of him; to make report, and give information, to either branch of the legislature, in person or in writing, (as he may be required,) respecting all matters referred to him by the senate or house of representatives, or which shall appertain to his office; and, generally, to perform all such services, relative to the finances, as he shall be directed to perform.