7/21/25, 8:23
PM
SPEA V 184 EXAM 1 QUESTIONS AND
ANSWERS WITH COMPLETE SOLUTIONS
VERIFIED LATEST UPDATE GRADED A++
2025/2026
Terms in this set (79)
Federal judges are the president and confirmed by the senate
appointed by
Federal judges serve during good behavior "for life" - until they
resign, die, or are removed from office
State judges serve terms that vary across the states - most trial
judges are elected
Which judges are Supreme Court Justices, court of appeals Circuit
appointed by the judges, and district court judges
President and
confirmed by the
Senate?
What is the A Congressional statute that gives federal
Administrative agencies the power to issue rules and
Procedures Act and regulations - they must give notice
what does it do? and comment period for new rules
1/
31
,7/21/25, 8:23
PM
Explain how agencies Congress has legislative power, but
have quasi-legislative leaves it up to agencies (NASA, FDA, etc)
authority. to "fill in the details" - realistically,
Congress has to delegate
Explain the basics of Congress creates an agency, and then
establishing an that agency is empowered to act
agency. according to its "creation" statute - the
actions of a federal agency must be within
the bounds of the statute and, of
course, Constitutional
What are the two It is 1) bound by the Constitution and 2) bound by
primary restrictions the agency's authorizing statute
on a federal
agency?
What Supreme Court Chevron USA Inc v. Natural Resources Defense
case reflects the Council Inc., et al
concept of
administrative
agencies?
2/
31
,7/21/25, 8:23
PM
Under the Clean Air Act, states that had not
reached national air quality standards
had to establish a permit program
regulating new or modified stationary
sources of pollution (ex. manufacturing
plants). The EPA passed a regulation
under the act that allowed states to
Briefly explain the treat all pollution-emitting devices as
Chevron case, what though they were in a
the Supreme Court "bubble", meaning they did not need a
ruled, and any permit to install or modify one piece of
concurring or equipment as long as it did not increase
dissenting the total emissions of the plant. Several
opinions. environmental groups challenged the
"bubble provision", and the US Court
of Appeals set aside the provision, saying
it was inappropriate, and it went to the
Supreme Court, the issue being if the
EPA was permitted to define the term
"stationary source" to mean whole
industrial plants only (which allows plants
to build or modify units without the
permit required in the Act).
The Supreme Court unanimously held
that the bubble regulation was a
3/
31
, 7/21/25, 8:23
PM
reasonable interpretation of the term
"stationary source" and reversed the
ruling.
"Chevron permits executive
bureaucracies to swallow huge amounts
of core judicial and legislative power and
concentrate federal power in a way that
What did Justice seems more than a little difficult to
Gorsuch say about square with the Constitution of the
Chevron? framers' design"
"Can Congress really delegate its
legislative authority - its power to write
new rules of general applicability - to
executive agencies?"
Gorsuch and others were upset that the
EPA even had the authority to enforce
this regulation.
What is preemption? The overriding of state law by federal law.
What clause is the The Supremacy Clause
basis for preemption?
What is the Supremacy Constitution is the supreme law of the land
Clause? (federal law preempts state law)
1) Direct Express Preemption
4/
31
PM
SPEA V 184 EXAM 1 QUESTIONS AND
ANSWERS WITH COMPLETE SOLUTIONS
VERIFIED LATEST UPDATE GRADED A++
2025/2026
Terms in this set (79)
Federal judges are the president and confirmed by the senate
appointed by
Federal judges serve during good behavior "for life" - until they
resign, die, or are removed from office
State judges serve terms that vary across the states - most trial
judges are elected
Which judges are Supreme Court Justices, court of appeals Circuit
appointed by the judges, and district court judges
President and
confirmed by the
Senate?
What is the A Congressional statute that gives federal
Administrative agencies the power to issue rules and
Procedures Act and regulations - they must give notice
what does it do? and comment period for new rules
1/
31
,7/21/25, 8:23
PM
Explain how agencies Congress has legislative power, but
have quasi-legislative leaves it up to agencies (NASA, FDA, etc)
authority. to "fill in the details" - realistically,
Congress has to delegate
Explain the basics of Congress creates an agency, and then
establishing an that agency is empowered to act
agency. according to its "creation" statute - the
actions of a federal agency must be within
the bounds of the statute and, of
course, Constitutional
What are the two It is 1) bound by the Constitution and 2) bound by
primary restrictions the agency's authorizing statute
on a federal
agency?
What Supreme Court Chevron USA Inc v. Natural Resources Defense
case reflects the Council Inc., et al
concept of
administrative
agencies?
2/
31
,7/21/25, 8:23
PM
Under the Clean Air Act, states that had not
reached national air quality standards
had to establish a permit program
regulating new or modified stationary
sources of pollution (ex. manufacturing
plants). The EPA passed a regulation
under the act that allowed states to
Briefly explain the treat all pollution-emitting devices as
Chevron case, what though they were in a
the Supreme Court "bubble", meaning they did not need a
ruled, and any permit to install or modify one piece of
concurring or equipment as long as it did not increase
dissenting the total emissions of the plant. Several
opinions. environmental groups challenged the
"bubble provision", and the US Court
of Appeals set aside the provision, saying
it was inappropriate, and it went to the
Supreme Court, the issue being if the
EPA was permitted to define the term
"stationary source" to mean whole
industrial plants only (which allows plants
to build or modify units without the
permit required in the Act).
The Supreme Court unanimously held
that the bubble regulation was a
3/
31
, 7/21/25, 8:23
PM
reasonable interpretation of the term
"stationary source" and reversed the
ruling.
"Chevron permits executive
bureaucracies to swallow huge amounts
of core judicial and legislative power and
concentrate federal power in a way that
What did Justice seems more than a little difficult to
Gorsuch say about square with the Constitution of the
Chevron? framers' design"
"Can Congress really delegate its
legislative authority - its power to write
new rules of general applicability - to
executive agencies?"
Gorsuch and others were upset that the
EPA even had the authority to enforce
this regulation.
What is preemption? The overriding of state law by federal law.
What clause is the The Supremacy Clause
basis for preemption?
What is the Supremacy Constitution is the supreme law of the land
Clause? (federal law preempts state law)
1) Direct Express Preemption
4/
31
