Rules Of The Final Rule

Since Congress cannot possibly be informed enough on every single issue, not having the administrative agencies would mean that Congress may or may not be making statutes ignorantly. How could they possible come to a conclusion without knowing everything about the issue? Furthermore, even if they did try to educate themselves on every different issue in need of regulating, chaos would erupt as many issues would be neglected while Congress is too busy educating themselves on other issues.

In the event that significant related regulatory changes occur, this policy will be reviewed and updated as needed.

Give two specific explanations for the failure of Congress to exercise effective oversight of the federal bureaucracy.

Stemming from a loose interpretation of the Constitution – and specifically the necessary and proper clause -- congressional oversight is one of many enumerated powers bestowed upon Congress per Article 1, Section 8 of the U.S. Constitution. As the legislative body, Congress is charged with overseeing the inner workings of the Executive Branch and its federal agencies as a part of a system of checks and balances. However, as previously mentioned, this power is one of the implied powers of Congress, thus making it very difficult for many to delineate rightful oversight from reckless meandering. In the Constitution, for example, there is no singular mention of a definitive power such as “congressional oversight.” Consequently, there is no

The Oversight Powers of Congress prevents corruption, misuse of power,decit and flasification.They oversee Cabinet departments, executive agencies , regulatory commissions ,presidency and others.The Oversight Powers of Congress have halped to force out officials and change -adjust policies.They have also exposed corruption from time to time;

There are five legal theories you can use in an attempt to have any administrative regulation declared invalid and overturned in court. The first is the arbitrary and capricious standard, which is applied to informal rulemaking and simply requires the agency to show evidence to support the proposed rule. If there is not evidence then the rule can be held to be arbitrary and capricious. Second, is to challenge the regulation as being unconstitutional. If a regulation challenged because of unconstitutional grounds it is due to the fact that the regulation gives the agency authority to search records or discriminate against a certain class. Third, is that the regulation is unsupported by substantial evidence. Substantial evidence requires that more convincing evidence exist in support of the regulation that against it. Fourth, involves the rule that a regulation can be set aside if the agency did not apply with the Administrative Procedure Act requirements of notice, publication, and comment or input. Last, but not least, is ultra vires, a Latin word which means “beyond its power”. This applies if an agency tries to change the substance and purpose of the enabling act through regulation.

Both the agency's self-evaluation report to the commission and the commission's final report to the legislature must address each of these criteria. The criteria include the agency's efficiency of operation, the extent to which statutory objectives have been achieved, the extent to which existing advisory committees are needed and used, the extent of duplication or overlapping jurisdictions and possibilities for consolidation with other agencies, and an assessment of whether the agency has recommended statutory changes that benefit the general public rather than the regulated entity. Other criteria include the promptness and effectiveness with which the agency handles complaints, the extent to which the agency has encouraged participation by the public, the extent of compliance with federal and state requirements regarding equality of employment opportunity and the rights and privacy of individuals, compliance with the Public Information Act and Open Meetings Act, and the degree to which the agency conforms to its six-year strategic

The ability for the federal government to regulate businesses’ activity is given in the Constitution. Article 1, Section 8 is known as the commerce clause; it states, “Congress shall have the Power…to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Reed, 173). Through the commerce clause, the government is able to regulate business activity by the use of administrative agencies, which is defined as “a governmental regulatory body that controls and supervises a particular activity or area of public interest and administers and enforces a particular body of law related to that activity or interest” (Administrative Agency, 1). There are two types of regulatory authority that agencies may

Under the Congressional Review Act, any new rules can be removed by federal lawmakers on the condition that it must be done within the first 60 days of the regulation. The deadline for the rule is this Friday.

According to Bergmann’s (1847) rule and Allen’s (1877) rule, animals that live in warmer climates are likely to be smaller than their counterparts in colder climates and those that live in colder climates will have a low surface area to volume ration in order to retain heat, respectively. Similarly, Allen’s rule is often used in respect to latitude rather than mean annual temperature. This is the most basic form of the rules of evolution in relation to climate; a colder climate leads to a stockier build, and a warm climate leads to a more slender one. In general, this is true of Homo sapiens, as people living in colder climates tend to have shorter lengths and stockier builds. A 1953 study carried out by Derek Frank Roberts (1953), the Emeritus Professor of Human Genetics at Newcastle University, found a clear correlation between body mass and mean annual temperature in human beings. A more recent study carried out by Peter T. Katzmarzyk and William R. Leonard (1998) illustrates a similar trend, although the results were less apparent than those of Roberts (1953). Both studies used bivariate regression and correlation analyses to determine the link betwixt mass (specifically BMI) and mean annual temperature. When compared, it is apparent that humans in tropical climates have relatively long limbs and slender frames in comparison to humans in cold climates. The most interesting find of the study, however, were the changes that had taken place in the span of time between the

A rule deontologist says that certain actions or polices are just right and wrong. In this case, a rule deontologist would say this action of raising the companies minimum-salary was morally acceptable because it is fair to the employees. Since this company is based in Seattle the wage he was giving before was not competitive to live Seattle. He wanted to treat them fair just like how he would want to be treated if he was an employee. He saw that his employees are special, so there are limits to how he can treat them. So one way he could change how he treated his employees was raising their minimum-salary. A rule deontologists would argue that is not OK to do wrong things to get good results. Before Dan increased there salary he was doing the

Federal laws are introduced as bills in either the House or the Senate. After passage by one branch, the bill must go to the other. If changes are made there, it comes back tothe originating body for approval, and it goes back and forth until agreement isreached. Alternately, a conference committee with members from both the Houseand Senate may be appointed to resolve the differences. Once a law has beenpassed by both bodies, it goes to the President, who can sign it, veto it, or let itpass into law without signature. A presidential veto can be overridden by vote oftwo-thirds majority of both the House and Senate.Federal criminal laws are enforced by the FBI and other enforcement agenciesthat specialize in particular areas of law, such as the Drug Enforcement Administration(DEA); the Bureau of Alcohol,Tobacco, and Firearms; and the CriminalInvestigation Division of the Internal Revenue Service.The FBI investigates federalcybercrime offenses, and the Computer Crime and Intellectual PropertySection (CCIPS) of the Criminal Division of the Department of Justice provideslegal expertise to federal prosecutors.The Federal Rules of Criminal Proceduregovern the proceedings in these cases. The federal government doesn’t have general police powers within the states.That is, the FBI cannot arrest people for violations of state laws.

HHS published a final rule updating the Freedom of Information Regulations (45 CFR Part 5), effective November 28, 2016. The regulations have been updated to incorporate the OPEN Government Act, the E-FOIA Act, and the FOIA Improvement Act. Additionally, the new procedures have added more guidance on the process to the public. The most pertinent changes include: the presumption

For example, the Department of Justice functions as the administrative agency that addresses the legal concerns of the federal government and individuals. Within the Department of Justice is another agency known as the Drug Enforcement Administration which according to its website enforces laws and regulations against controlled dangerous substances, including illegal drugs such as heroin and cocaine trafficking.

Hart introduces a distinction between “external” and “internal aspects of rule”, the latter of which see rules as akin to reasons. By making “the idea of a rule” central to the concept of law, Hart gives “a fresh start” to jurisprudential theory, which was then dominated by the predictive theory of obligation, namely that of Command Theory and radical legal realism. This paper will first make an account of “the internal and external aspects of rules according to Hart”, then analyze how the external aspect (1) neglects the possibility of seeing rules as reasons to conduct and thus (2) fails to account for the maintenance of a legal system, and in the last part examine Hart’s accusation of the