10.1 Administrative Law

Administrative law governs agencies that implement and enforce laws, regulate industries, and safeguard public interests. These agencies, created by Congress, are led by appointed officials and funded through appropriations. They provide specialized expertise to handle complex areas like environmental protection and financial markets.

The growth of administrative law was driven by industrialization, which created new industries and business practices. This led to increased need for regulation to protect workers, consumers, and ensure fair competition. The New Deal era saw a significant expansion of administrative agencies to address challenges like the Great Depression.

Overview of Administrative Law

Purpose of administrative agencies

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• Implement and enforce laws passed by Congress
• Regulate industries and activities safeguard public interest (health, safety, and welfare)
• Provide specialized expertise handle complex areas (environmental protection, financial markets)

Creation of administrative agencies

• Established by Congress through enabling legislation
  • Defines agency's purpose, powers, responsibilities (jurisdiction, rulemaking authority)
• Headed by appointed officials or commissioners nominated by the President, confirmed by the Senate
• Funded through congressional appropriations annual budget process

Industrialization's impact on administrative law

• Rapid economic growth, technological advancements early 20th century
  • Led to new industries, business practices (mass production, advertising)
• Increased need for government regulation protect public
  • Ensure fair competition (antitrust laws), worker safety (labor standards), consumer protection (product safety, truth in advertising)
• New Deal era (1930s) saw expansion of administrative agencies
  • Agencies created address Great Depression challenges
    • Securities and Exchange Commission (SEC) regulate stock markets
    • National Labor Relations Board (NLRB) protect workers' rights
• Post-World War II period continued growth of administrative law
  • Agencies established regulate emerging industries
    • Federal Communications Commission (FCC) oversee radio, television broadcasting
    • Environmental Protection Agency (EPA) safeguard air, water quality

Constitutional Foundations and Oversight

• Separation of powers doctrine ensures checks and balances among branches of government
• Delegation doctrine allows Congress to grant agencies authority to make rules and regulations
• Judicial review allows courts to examine agency actions for compliance with law and Constitution
• Due process requirements ensure fair procedures in agency decision-making
• Notice and comment rulemaking allows public participation in agency regulations

Federal Agencies and Consumer Protection

Roles of FDA and FTC

• Food and Drug Administration (FDA) ensures safety, efficacy of products
  1. Conducts pre-market review, approval of new drugs, medical devices
  2. Monitors post-market safety through adverse event reporting systems
  3. Regulates labeling, advertising of food, drugs, cosmetics
  4. Enforces compliance through inspections, warning letters, legal action (seizures, injunctions)
• Federal Trade Commission (FTC) protects consumers, promotes competition
  1. Investigates unfair or deceptive business practices (false advertising, fraud)
  2. Enforces truth-in-advertising laws (substantiation of claims)
  3. Reviews mergers, acquisitions prevent monopolies, anticompetitive behavior
  4. Challenges anticompetitive practices (price-fixing, market allocation)
  5. Educates consumers, businesses about rights, responsibilities (identity theft prevention, online privacy)