Week 1 – May 30

Introduction

Welcome to LSU Law 5402 Summer 2023 – video

Video – How to use the narrated PowerPoint slides

Assignment 1

This assignment is a brief overview of administrative law and the basic organization of agencies.

Read Chapter 1 of the E&E book.

Video – The Scope and History of Administrative Law

PowerPoint – The Scope and History of Administrative Law

Video – What are Agencies and What Do They Do?

PowerPoint – What are Agencies and What Do They Do?

The AEA quiz is posted on the Moodle page. You must complete it by 5 PM, Friday, June 2nd, or risk loss of financial aid and registration in the course.

Assignment 2

Note on Chapter 2

Most of you will have seen some of this material in Constitutional Law I. We are reviewing it to refresh your memory and to look more deeply than you might have done in Constitutional Law.

Part 1

Read Chapter 2 to III. DIFFERENT BRANCHES’ ROLES, p. 41

Video – Chapter 2 – Introduction and The Non-Delegation Doctrine

PowerPoint – Chapter 2 – Introduction and The Non-Delegation Doctrine

Part 2

Read INS v. Chadha, 462 U.S. 919 (1983) – read paragraphs [25] through [45] and [102] III through [157]. Then scan the list of statutes and orders that included the legislative veto to get a sense of what a sweeping change Chadha made.

This is a good review of the structure of Congress and the legislative process. It also gives us insight into the Court’s balancing the value of a long-standing, seemingly working governmental practice against constitutional concerns.

Read Chapter 2 to 5. Legislative Review and Oversight, p. 49.

Review these short background pieces on the Congressional Review Act:

Congressional Review Act Fact Sheet (2016)

Center for Progressive Reform: The Congressional Review Act

List of Individuals Impeached by the House of Representatives

Read to B. The President, p. 52

Video – Introduction to the Congressional Control of Agencies

PowerPoint – Introduction to the Congressional Control of Agencies

Video – INS v. Chadha, 462 U.S. 919 (1983)

PowerPoint – INS v. Chadha, 462 U.S. 919 (1983)

Video – Congressional Control of Agencies After Chadha

PowerPoint – Congressional Control of Agencies After Chadha

Part 3

Finish reading Chapter 2. The material on a. OMB/EO Review and b. b.Independent Regulatory Agencies (p. 66 – 69) overlaps material on the control of agencies in Chapter 5. We will review the material at that time as part of a comprehensive review of the OMB/OIRA process.

Scan these examples of presidential orders:

President Biden’s executive orders

Archive of declassified national security orders

Video – Presidential Control and the Federal Workforce

PowerPoint – Presidential Control and the Federal Workforce

Video – Principal Officer, Inferior Officer, or Employee?

PowerPoint – Principal Officer, Inferior Officer, or Employee?

Video – Removal of Officers and Presidential Control of Agencies

PowerPoint – Removal of Officers and Presidential Control of Agencies