Study guides have been added.

Adlaw in the News (check back for breaking news)

Note that all of the Obama executive orders are now taken down:

White House – Executive Orders

Trump’s First Executive Order and Trump Executive Order On ACA: What It Won’t Do, What It Might Do, And When

Read these for class (it is only two pages). We will discuss it as an example of the power and limits of executive orders and I will give you some background on the ACA so you can appreciate the administrative law fights that are starting over dismantling and replacing it.

Priebus Memo Directing Agencies to Review All in Progress Rulemaking

This memo is the standard direction from a new administration to agencies to pause all in progress rulemaking except for rules necessary for urgent health and safety matters. It is a good statement of the limits on what a president can direct agencies to do.

Reading assignment

Chapter 2 to 4. Legislative Veto, p. 46. You can skim the through page 36 until you get to the Schor case at the bottom of p. 37. The earlier material deals with historical cases on the delegation doctrine. We will talk about these briefly, but only to develop the idea of an intelligible purpose. Schor sets out when adjudications can be delegated and when due process requires an Art III judge.

Guide: The Delegation Doctrine

Guide: Limits on Congressional Control of Agencies

Material for Class Discussion

Commodity Futures Trading Commn. v. Schor, 478 U.S. 833 (1986)

[1] “the extent to which the ‘essential attributes of judicial power’ are reserved to Article III courts, and

[2] conversely, the extent to which the non-Article III forum exercises the range of jurisdiction and powers normally vested only in Article III courts,

[3] the origins and importance of the right to be adjudicated, and

[4] the concerns that drove Congress to depart from the requirements of Article III.

Would this include locking someone up?

The Appointments Clause – Art II, sec. 2, cl 2

“[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… all other [principal] Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law:

but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

Ineligibility Clause

Prohibit any Member of Congress, while serving in Congress, from being appointed ‘‘to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been [i]ncreased during such time,’’ and they provide that ‘‘no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.’’ U.S. Const. art. I, §6, cl. 2.