BAR ADMINISTRATIVE LAW TEST PAPER
QUESTIONS AND SOLUTIONS VERIFIED
ANSWERS
●● Creation of Administrative Agencies
Answer: Usually done through statutes and empowered to address a
specific need
●● Sources of Administrative Law
Answer: Constitution, Statutes, Judicial Opinions, Executive Action,
Agency Regulation
●● Nondelegation Doctrine Basis
Answer: Constitutional - Article I says "all legislative powers . . . shall
be vested in a Congress . . ."
●● Nondelegation Doctrine Central Question
Answer: Can Congress give this power to this agency?
●● Nondelegation Doctrine Test
Answer: Intelligible Principle: Congress needs to give agency some
guidance to which they're "directed to conform"
,●● Striking Statutes on ND
Answer: Only in 1935 - Schechter Poultry and another one
●● Connally
Answer: Limited time frame and directing agency to remove "gross
inequities" counts as an intelligible principle
●● Whitman
Answer: Directing agency to regulation "to protect the public health" is
an intelligible principle
●● NBC
Answer: Regulation in the "public interest" is an intelligible principle
●● Yakus
Answer: Regulation that "will be . . . fair and equitable" is an intelligible
principle
●● Gundy
Answer: Regulation according to what is "feasible" is an intelligible
principle
●● JW Hampton
, Answer: Where executive helping legislature, "extent and character of
that assistance must be fixed according to common sense and the
inherent necessities of the governmental coordination"
●● Schechter Poultry
Answer: Authorizing President to approve "codes of fair competition"
violations Nondelegation (but Court has basically allowed this type of
thing otherwise)
●● Gundy Gorsuch Dissent
Answer: Calls IP test a "misadventure," argues that delegation is
impermissible except where agencies are "fill[ing] up the details" of
Congress' major policies
●● FCC v. Consumers' Research
Answer: Combination of delegation and additional delegation to private
party is permissible.
Note that private delegation was ok because FCC "alone ha[d] decision-
making" power
●● Congressional Influence Tools over Agency Power
Answer: Legislative Veto (dead), Congressional Review Act (rarely
used), Control of Agency Funding (big one), Hearings and
Investigations, Statutes on Agency Process, Agency Institutional Design
QUESTIONS AND SOLUTIONS VERIFIED
ANSWERS
●● Creation of Administrative Agencies
Answer: Usually done through statutes and empowered to address a
specific need
●● Sources of Administrative Law
Answer: Constitution, Statutes, Judicial Opinions, Executive Action,
Agency Regulation
●● Nondelegation Doctrine Basis
Answer: Constitutional - Article I says "all legislative powers . . . shall
be vested in a Congress . . ."
●● Nondelegation Doctrine Central Question
Answer: Can Congress give this power to this agency?
●● Nondelegation Doctrine Test
Answer: Intelligible Principle: Congress needs to give agency some
guidance to which they're "directed to conform"
,●● Striking Statutes on ND
Answer: Only in 1935 - Schechter Poultry and another one
●● Connally
Answer: Limited time frame and directing agency to remove "gross
inequities" counts as an intelligible principle
●● Whitman
Answer: Directing agency to regulation "to protect the public health" is
an intelligible principle
●● NBC
Answer: Regulation in the "public interest" is an intelligible principle
●● Yakus
Answer: Regulation that "will be . . . fair and equitable" is an intelligible
principle
●● Gundy
Answer: Regulation according to what is "feasible" is an intelligible
principle
●● JW Hampton
, Answer: Where executive helping legislature, "extent and character of
that assistance must be fixed according to common sense and the
inherent necessities of the governmental coordination"
●● Schechter Poultry
Answer: Authorizing President to approve "codes of fair competition"
violations Nondelegation (but Court has basically allowed this type of
thing otherwise)
●● Gundy Gorsuch Dissent
Answer: Calls IP test a "misadventure," argues that delegation is
impermissible except where agencies are "fill[ing] up the details" of
Congress' major policies
●● FCC v. Consumers' Research
Answer: Combination of delegation and additional delegation to private
party is permissible.
Note that private delegation was ok because FCC "alone ha[d] decision-
making" power
●● Congressional Influence Tools over Agency Power
Answer: Legislative Veto (dead), Congressional Review Act (rarely
used), Control of Agency Funding (big one), Hearings and
Investigations, Statutes on Agency Process, Agency Institutional Design
