Administrative Power Via Statutory Delegation

Amount of authority capable of being granted by Congress. Actual authority granted by Congress in particular statute. Authority withheld from agency by Congress

Agency action within delegation Agency action outside delegation

Hierarchy of Laws
Federal
Constitution

Feds win under direct conflict

State Federal

Laws

State

Supremacy Clause

Delegation

Federal

Regulations

State

Statutory Delegation

Agency action within statutory delegation

Box represents extent of statutory delegation by passage of legislation

Agency action outside statutory delegation

Judicial Review of Administrative Acts

Constitutional Limitations Unavailable authority Authority actually granted Authority available Available congressional authority

Amount of authority capable of being granted by Congress. Available authority capable of being granted by Congress.

Authority provided
under delegation

Is the delegation within Congresss power to act? Answer is no here.

Is the delegation within Congresss power to act? Answer is yes here.

Is the delegation within Congresss actual delegation? Answer is yes here.

Internal Agency Power to Administer

Agency action more likely seen outside statutory delegation Agency action safely within statutory and constitutional authority Agency action more likely seen as constitutional violation

Statutory Authority

Constitutional Limitations

No statutory authority

Extent of Agencys Actions to investigate, subpoena, etc.

Constitutional violation

Internal Agency Power to Adjudicate

Agency action more likely seen outside statutory delegation Agency action safely within statutory and constitutional authority Agency action more likely seen as constitutional violation

Statutory Authority

Constitutional Limitations

No statutory authority

Extent of Agencys Actions to adjudicate

Constitutional violation

Spectrum of Due Process Rights

Property Right
Property Right = Length of Contract Property Right = Freedom of personal movement Right to education via state law (K-12)

Low

High

Little
Non-rehire of public employee after contract expires Suspension hearing from public school

Lots
Charged with criminal act leading to prison sentence full blown criminal trial required

Due Process Required