Administrative Law and Bureaucracy Reform

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Questions and Answers

What is another name for informal rulemaking?

Regulatory directive process

Notice and comment rulemaking (correct)

Formal adjudication

Administrative rulemaking

Where can one find informal rulemaking processes outlined?

www.federalregister.gov

www.regulations.gov (correct)

www.whitehouse.gov

www.congress.gov

Which of the following statements is true regarding informal rulemaking?

It requires formal approval from Congress.

It allows for public input through comments. (correct)

It is the only method of rulemaking recognized by law.

It involves extensive hearings and legal representation.

What is an advantage of informal rulemaking?

It is generally faster than formal rulemaking. Signup and view all the answers

Which of the following is NOT a characteristic of informal rulemaking?

Involves formal testimony from regulated parties. Signup and view all the answers

What is the primary focus of the current segment of the course?

Federal bureaucracy Signup and view all the answers

Which statement best reflects the understanding of the levels of government discussed?

Both levels of government operate independently of each other. Signup and view all the answers

What aspect of government will not be explored in this course segment?

The role of state governments in administration Signup and view all the answers

Why is it significant to distinguish between the federal and state levels of government?

To understand the unique functions of each level's bureaucracies Signup and view all the answers

What element will receive exclusive attention in this course segment regarding the government?

The operational methods of federal bureaucracy Signup and view all the answers

What does the exhaustion doctrine require before appealing an agency decision?

Engagement in all available administrative remedies Signup and view all the answers

Under the exhaustion doctrine, which statement is true?

All administrative remedies must be pursued prior to judicial review. Signup and view all the answers

Why is the exhaustion doctrine critical in administrative law?

It promotes the resolution of issues within the administrative system first. Signup and view all the answers

Which of the following scenarios illustrates a violation of the exhaustion doctrine?

A party skips intermediate steps in the administrative process and appeals. Signup and view all the answers

What is the primary intention behind the exhaustion doctrine?

To ensure that agencies have the first chance to resolve disputes Signup and view all the answers

What was a major weakness of the Articles of Confederation regarding the national government's authority?

Congress had no power to enforce its laws. Signup and view all the answers

Which of the following statements accurately describes the process for passing laws under the Articles of Confederation?

Law passage required 9 of 13 states. Signup and view all the answers

What limitation did Congress face regarding commerce under the Articles of Confederation?

Congress couldn't regulate interstate or international commerce. Signup and view all the answers

What financial power did the national government lack under the Articles of Confederation?

The authority to tax its citizens. Signup and view all the answers

What challenge did the states face regarding power sharing under the Articles of Confederation?

They were reluctant to give up their confederal power base. Signup and view all the answers

What was the primary purpose of the Freedom of Information Act (1966)?

To ensure government transparency and public access to information Signup and view all the answers

What is a significant exception to the Freedom of Information Act?

Classified national security information Signup and view all the answers

Which act was enacted to address public accountability in the administrative process alongside the Freedom of Information Act?

Privacy Act (1974) Signup and view all the answers

In what year did Congress first begin enacting public accountability acts?

1966 Signup and view all the answers

What key aspect does the Privacy Act (1974) focus on in relation to public accountability?

Protection of personal information held by the government Signup and view all the answers

Study Notes

Informal Rulemaking

Also known as notice and comment rulemaking
Provides a process for public input before an agency finalizes a rule

Exhaustion Doctrine

Requires a party to exhaust all available administrative remedies before appealing an agency decision to the judiciary

Reforming the Bureaucracy

Focused on increasing public accountability in the administrative process
Freedom of Information Act (1966): Allows public access to government records with some exceptions
Privacy Act (1974): Protects personal information held by federal agencies

Articles of Confederation Weaknesses

Congress was the only branch of national government
Congress had no power to enforce its laws
Congress couldn't regulate interstate or international commerce
Passing a law required 9 of 13 states; amendments required unanimity
National government couldn't tax, only borrow money
No US courts to resolve disputes; no executive to execute laws

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Description

This quiz covers key concepts in administrative law, including informal rulemaking and the exhaustion doctrine. It also explores the weaknesses of the Articles of Confederation and significant legislation aimed at reforming bureaucracy, such as the Freedom of Information Act and the Privacy Act. Test your knowledge on these foundational principles of government regulation.