Overview of Administrative Law


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Overview of Administrative Law History of Administrative Law The Administration of Government Moving beyond feudalism all governments are divided into functional units that behave as agencies Administrative law deals with agencies in the executive branch of the federal government State administrative law is more complex because states have multiple executives and less separation of powers The Colonial Period Colonial governments had agencies that were either controlled by the king or by local governments Major cities were more powerful entities than most states To this day old cities have varying degrees of special legal status Much of the regulatory state was urban Articles of Confederation After independence but before the Constitution the states were independent sovereigns The Articles did not provide for a central government with binding powers All agency action was state and local This did not work very well and almost cost us the revolutionary war The Constitutional Allocation of Powers The Constitution provided for a national executive legislature and courts with binding powers over the states The states were left all powers not allocated to the federal government Police powers most traditional state and local regulation The federal delegation was flexible not enumerated Administrative Law in the Constitution The Constitution did not contemplate a large federal government The Constitution established the framework for separation of powers and basic functions of the government but is largely silent on the law of agencies This was not important at the time because day to day government was run by states and cities Original intent analysis does not work in adlaw Administrative Law in the States From the Constitutional period until the Great Depression most government was state and local While some see this period as one of limited regulation that is only true at the federal level The states and cities had extensive regulatory laws and agencies Most

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