It is remarkable how quickly the emotions of the financial panic of the fall of 2008 have faded from public memory. At the height of that panic, then-Secretary of the Treasury Henry Paulson and Federal Reserve Chairman Ben S. Bernanke addressed a special meeting of congressional leadership on the night of Sept. 18. It was an extraordinary and scary moment. The finest minds of Wall Street and academia spoke as one about the imminent descent of the United States into a second Great Depression. They pleaded for, and essentially demanded, extraordinary budgetary, statutory and administrative powers to intercede in the financial sector to address the crisis. They placed the burden to act on Congress.
The chairman of the House Judiciary Committee yesterday introduced an extension of the USA Patriot Act that denies President Bush the expanded powers, such as "administrative subpoenas," he has been seeking. In his bill, Rep. F. James Sensenbrenner Jr., Wisconsin Republican, also proposed restrictions on the government's ability to look at library patrons' records and other business records through special court warrants.
First passed in 1977, the statute aimed to replace the Trading With the Enemy Act (TWEA)7 and expand its powers in peacetime.\n These were developed for the administrative context of immigration hearings, not the enhanced formality of criminal proceedings. [...] prohibitions on carrying out protected or innocent activity designed to help designated groups violate the First Amendment's guarantee of freedom of association. [...] the ambiguous reference point for the definition of "terrorist activity" that drives § 2339B permits excessive discretion during enforcement, rendering the statute impermissibly vague.
... reasoning inadequate under the Administrative Procedure Act (APA). Held: The judgment is reverse... is no reason to magnify the separation-of-powers dilemma posed by the Headless Fourth Branch, see F...
... the adjudicative provisions of the Administrative Procedure Act (5 U.S.C. 554-557). (2) Powers of th...
...PART 1: ORGANIZATION AND DELEGATION OF POWERS AND DUTIES. Subpart C: Delegations. 1.49 - Delega...(g) Exercise the administrative powers under the Interstate Commerce Act with resp...
Over the last several decades, some scholars have argued that rulemaking by unelected agency officials imperils popular sovereignty and that federal law should resolve the apparent tension between regulatory practice and democratic principle by allowing the President to serve as a proxy for the will of the people in the administrative state. As an alternative to presidential proxy representation, this article argues that federal administrative law should seek to promote popular representation in agency rulemaking through fiduciary representation. Rather than focus on a representative's obedience to the ephemeral public will, fiduciary representation emphasizes agencies' responsibilities to act deliberatively and reasonably in promoting the public welfare. The President's fiduciary role ...
..., the scope of agency rulemaking powers has expanded dramatically since Bickel's era.19. C...
The Administrative Procedure Act's provisions on rulemaking do not apply to a governor's executive order, the Court of Special Appeals has held. It's a decision that the lawmaker on the losing side of the case called a bad sign for the separation of powers.
Administrative Local Sales TaxOut-Of-State PurchaseWhere a plaintiff, who bought a boat and related equipment out of state, challenged a decision of the Administrative Hearing Commission requiring him to pay local sales tax on the purchase, the county in this case did not impose a local use tax, and the plaintiff was entitled to a full refund because Missouri's Sales Tax Law is imposed only on sales within the state, and the county's sales tax could only be imposed to the extent and manner of the state sales tax law.Reversed and remanded. Street v. Director of Revenue (MLW No. 63228/Case No. SC91371 - 16 pages) (Supreme Court of Missouri, Breckenridge, J.; Teitelman, C.J., Russell, Fischer, Stith and Price, JJ., and May, Sp. J., concur. Draper, J., not participating) Petition for review...
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