Understanding laws and the US Code. Some information to take the mystery out of the legal system. We do not completely agree with the information contained herein as there are areas that seem to violate Constitutional law. Those are arguments for the courts however.
The document provides an overview of researching federal legislation and case law. It discusses major resources for finding federal statutes, including slip laws, the United States Code, and annotated versions. It also outlines the structure of the federal court system and reporters that publish federal cases, such as the United States Reports and Federal Reporter series. The document concludes with a discussion of federal digests that provide subject access to case law.
This document discusses the parts of basic legal citations for judicial opinions and statutes. There are five parts of a citation for a judicial opinion: 1) case name, 2) reporter, 3) volume of the reporter, 4) page number, and 5) year of decision. For statutes, there are three parts: 1) code, 2) title of the code, and 3) section number. The document provides examples of citations and labels each part.
This document provides an agenda and overview for a Bluebook citation bootcamp for law review. It discusses the structure of the Bluebook and key rules and concepts for citations, including typefaces, abbreviations, capitalization, signals, and methods for gathering sources. The document reviews rules and examples for citing statutes, constitutions, and legislative materials according to the Bluebook.
Legislative Summary – Saturday, March 21, 2015TimeZoneReport
A comprehensive summary of legislation relating to Daylight Saving Time including 31 bills in 21 states:
Alabama, Alaska, Arizona, Arkansas, Florida, Idaho, Illinois, Iowa, Kansas, Massachusetts, Mississippi, Missouri, Nevada, New Mexico, Oregon, Pennsylvania, South Dakota, Texas, Utah, and Washington.
The document provides instructions for using the Federal Practice Digest to identify relevant case law on a particular legal topic. It explains how to locate the digest, use the descriptive word index to identify relevant topics and key numbers, and then use the topical outline to find case summaries grouped under those topics and key numbers. It also describes the components of a case citation and common abbreviations used in legal research.
This document provides an agenda and notes for a government team meeting discussing constitutional law. The key topics to be discussed include: how to write speeches, constitutional law, and moot court preparation and orals. Notes cover various constitutional law concepts such as federalism, enumerated powers, checks and balances, and landmark Supreme Court cases related to the interstate commerce clause. The meeting aims to prepare the government team for an upcoming moot court competition through discussing constitutional interpretation and practicing oral arguments.
The document provides an overview of researching federal legislation and case law. It discusses major resources for finding federal statutes, including slip laws, the United States Code, and annotated versions. It also outlines the structure of the federal court system and reporters that publish federal cases, such as the United States Reports and Federal Reporter series. The document concludes with a discussion of federal digests that provide subject access to case law.
This document discusses the parts of basic legal citations for judicial opinions and statutes. There are five parts of a citation for a judicial opinion: 1) case name, 2) reporter, 3) volume of the reporter, 4) page number, and 5) year of decision. For statutes, there are three parts: 1) code, 2) title of the code, and 3) section number. The document provides examples of citations and labels each part.
This document provides an agenda and overview for a Bluebook citation bootcamp for law review. It discusses the structure of the Bluebook and key rules and concepts for citations, including typefaces, abbreviations, capitalization, signals, and methods for gathering sources. The document reviews rules and examples for citing statutes, constitutions, and legislative materials according to the Bluebook.
Legislative Summary – Saturday, March 21, 2015TimeZoneReport
A comprehensive summary of legislation relating to Daylight Saving Time including 31 bills in 21 states:
Alabama, Alaska, Arizona, Arkansas, Florida, Idaho, Illinois, Iowa, Kansas, Massachusetts, Mississippi, Missouri, Nevada, New Mexico, Oregon, Pennsylvania, South Dakota, Texas, Utah, and Washington.
The document provides instructions for using the Federal Practice Digest to identify relevant case law on a particular legal topic. It explains how to locate the digest, use the descriptive word index to identify relevant topics and key numbers, and then use the topical outline to find case summaries grouped under those topics and key numbers. It also describes the components of a case citation and common abbreviations used in legal research.
This document provides an agenda and notes for a government team meeting discussing constitutional law. The key topics to be discussed include: how to write speeches, constitutional law, and moot court preparation and orals. Notes cover various constitutional law concepts such as federalism, enumerated powers, checks and balances, and landmark Supreme Court cases related to the interstate commerce clause. The meeting aims to prepare the government team for an upcoming moot court competition through discussing constitutional interpretation and practicing oral arguments.
The document discusses the status of the United States Code and whether it constitutes the law. While the Code was initially intended to be prima facie evidence of laws, some titles have since been enacted into positive law, making the text legal evidence. The Code is updated by the Office of Law Revision Counsel, who organize new laws and resolve conflicts, though courts can consider original statutes. Differences remain between enacted and non-enacted titles, but the Code overall provides access and organization of U.S. laws.
This document provides an overview of statutory research, including the sources and processes for federal and state statutes. It discusses the hierarchy of statutes and their relationship to case law. The key federal statutory sources are bills, the Congressional Record, Statutes at Large, the United States Code, and annotated codes. Legislative history materials like committee reports and floor debates can help interpret statutes. Maintaining currency requires checking pocket parts and advance sheets for new cases and laws.
Research Refresher: Statutes & Legislative Historydukelawreference
This document provides an overview of how to research federal statutes and locate related legislative history materials. It begins with an explanation of the legislative process and how bills become laws. It then discusses how statutes are published in various sources like slip laws, session laws, and codes. The document provides guidance on searching and navigating legal databases to find statutes and related cases. It also offers methods for locating legislative history documents through compiled sources, tables of contents, and indexes. Tips are included for researching state legislative materials as well.
The document discusses the process of law making in the U.S., including the roles of statutes, regulations, Congress, and administrative agencies. It provides definitions and explanations of key terms like acts, statutes, legislative law, administrative law, regulations, and codes. The summary is as follows:
Statutes are laws enacted by the legislature while regulations describe how statutes are enforced by the executive branch. Regulations are promulgated by administrative bodies as authorized in statutes. Legislative law originates from bills in Congress, while administrative law comes from executive agencies. Regulations implement statutes after they are passed into law through a public comment process. Codification exhaustively covers an area of law in a jurisdiction.
629 ESSAY MODERNIZING THE ADMINISTRATIVE PROCEDURE A.docxpriestmanmable
629
ESSAY
MODERNIZING THE ADMINISTRATIVE
PROCEDURE ACT
CHRISTOPHER J. WALKER*
ABSTRACT
Despite dramatic changes in the modern regulatory state over the last seven decades,
Westlaw reports that Congress has only amended the Administrative Procedure Act sixteen
times since its enactment in 1946. The current political climate may present an ideal op-
portunity for much-needed bipartisan legislative action. This Essay introduces the Ameri-
can Bar Association’s 2016 consensus-driven recommendations to reform the Administra-
tive Procedure Act and then concludes that the Portman–Heitkamp Regulatory
Accountability Act of 2017, which incorporates seven of the ABA’s nine recommenda-
tions, is the type of common-sense, bipartisan legislation needed to modernize the APA.
* Associate Professor of Law, Michael E. Moritz College of Law, The Ohio State
University. The author is a Public Member of the Administrative Conference of the United
States and on the Governing Council for the American Bar Association’s Section of Admin-
istrative Law and Regulatory Practice. These organizations have recommended many of
the proposals discussed in this Essay. Similarly, the author served as an Academic Fellow for
Senator Orrin Hatch from January to May 2017, during which time he worked on regulato-
ry reform legislation, including the Regulatory Accountability Act discussed herein. Indeed,
Senator Hatch is one of the four original co-sponsors of that legislation. The views ex-
pressed, of course, are the author’s own. Thanks are due to Evan Bernick, Kent Barnett,
Kati Kovacs, Ron Levin, Jeff Lubbers, and Michael McConnell, as well as participants at
the Hoover Institution’s Reforming the Administrative State Conference, for helpful com-
ments on prior drafts and to the editors of the Administrative Law Review—Matt Goldstein in
particular—for their expert (and expedited) editorial assistance.
630 ADMINISTRATIVE LAW REVIEW [69:3
TABLE OF CONTENTS
Introduction ............................................................................................... 630
I. Evolution of the APA .............................................................................. 633
II. ABA 2016 Resolution to Reform the APA ........................................... 638
A. Agency Disclosure of Data, Studies, and Information ........ 639
B. The Agency Rulemaking Record ........................................ 640
C. Minimum Comment Period ............................................... 641
D. Definition of “Rule” ............................................................ 642
E. Midnight Rules .................................................................... 643
F. Retrospective Review .......................................................... 644
G. Unified Regulatory Agenda ................................................ 645
H. Outmoded Rulemaking Exemptions .................................. 646
I. Post-.
629 ESSAY MODERNIZING THE ADMINISTRATIVE PROCEDURE A.docxmeghanivkwserie
629
ESSAY
MODERNIZING THE ADMINISTRATIVE
PROCEDURE ACT
CHRISTOPHER J. WALKER*
ABSTRACT
Despite dramatic changes in the modern regulatory state over the last seven decades,
Westlaw reports that Congress has only amended the Administrative Procedure Act sixteen
times since its enactment in 1946. The current political climate may present an ideal op-
portunity for much-needed bipartisan legislative action. This Essay introduces the Ameri-
can Bar Association’s 2016 consensus-driven recommendations to reform the Administra-
tive Procedure Act and then concludes that the Portman–Heitkamp Regulatory
Accountability Act of 2017, which incorporates seven of the ABA’s nine recommenda-
tions, is the type of common-sense, bipartisan legislation needed to modernize the APA.
* Associate Professor of Law, Michael E. Moritz College of Law, The Ohio State
University. The author is a Public Member of the Administrative Conference of the United
States and on the Governing Council for the American Bar Association’s Section of Admin-
istrative Law and Regulatory Practice. These organizations have recommended many of
the proposals discussed in this Essay. Similarly, the author served as an Academic Fellow for
Senator Orrin Hatch from January to May 2017, during which time he worked on regulato-
ry reform legislation, including the Regulatory Accountability Act discussed herein. Indeed,
Senator Hatch is one of the four original co-sponsors of that legislation. The views ex-
pressed, of course, are the author’s own. Thanks are due to Evan Bernick, Kent Barnett,
Kati Kovacs, Ron Levin, Jeff Lubbers, and Michael McConnell, as well as participants at
the Hoover Institution’s Reforming the Administrative State Conference, for helpful com-
ments on prior drafts and to the editors of the Administrative Law Review—Matt Goldstein in
particular—for their expert (and expedited) editorial assistance.
630 ADMINISTRATIVE LAW REVIEW [69:3
TABLE OF CONTENTS
Introduction ............................................................................................... 630
I. Evolution of the APA .............................................................................. 633
II. ABA 2016 Resolution to Reform the APA ........................................... 638
A. Agency Disclosure of Data, Studies, and Information ........ 639
B. The Agency Rulemaking Record ........................................ 640
C. Minimum Comment Period ............................................... 641
D. Definition of “Rule” ............................................................ 642
E. Midnight Rules .................................................................... 643
F. Retrospective Review .......................................................... 644
G. Unified Regulatory Agenda ................................................ 645
H. Outmoded Rulemaking Exemptions .................................. 646
I. Post-.
Page 55 BUSINESS AND THE CONSTITUTIONA federal statute and.docxalfred4lewis58146
Page 55
BUSINESS AND THE CONSTITUTION
A federal statute and related regulations prohibited producers of beer from listing, on a product label, the alcohol content of the beer in the container on which the label appeared. The regulation existed because the U.S. government believed that if alcohol content could be disclosed on labels, certain producers of beer might begin marketing their brand as having a higher alcohol content than competing beers. The government was concerned that “strength wars” among producers could then develop, that consumers would seek out beers with higher alcohol content, and that adverse public health consequences would follow. Because it wished to include alcohol content information on container labels for its beers, Coors Brewing Co. filed suit against the United States government and asked the court to rule that the statute and regulations violated Coors's constitutional right to freedom of speech.
Consider the following questions as you read Chapter 3:
On which provision in the U.S. Constitution was Coors relying in its challenge of the statute and regulations?
Does a corporation such as Coors possess the same constitutional right to freedom of speech possessed by an individual human being, or does the government have greater latitude to restrict the content of a corporation's speech?
The alcohol content disclosures that Coors wished to make with regard to its product would be classified as commercial speech. Does commercial speech receive the same degree of constitutional protection that political or other noncommercial speech receives?
Which party—Coors or the federal government—won the case, and why?
Do producers and other sellers of alcoholic beverages have, in connection with the sale of their products, special ethical obligations that sellers of other products might not have? If so, what are those obligations and why do they exist?
LEARNING OBJECTIVES
After studying this chapter, you should be able to:
1 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional.
2 Explain the key role of the U.S. Constitution's Commerce Clause in authorizing action by Congress.
3 Describe the incorporation doctrine's role in making most guarantees of the Bill of Rights operate to protect persons not only against certain federal government actions but also against certain state and local government actions.
4 Explain the differences among the means-ends tests used by courts when the constitutionality of government action is being determined (strict scrutiny, intermediate scrutiny, and rational basis).
5 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive.
Page 56 6 Explain the difference between procedural due process and substantive due process.
7 Identify the instances when an Equal Protection Clause–based challenge to government a.
Bachelor of Journalism & Mass communication, Indian Govt. Politics, Bjmc i,jm...Rai University
1. The Constitution of India allows for amendments through a process that balances rigidity and flexibility. It categorizes articles based on the threshold for amendment, with some requiring only a simple majority while others require a two-thirds majority with state ratification.
2. During the first 16 years, the Constitution was amended 20 times to address practical difficulties in implementation and accommodate the reorganization of states. While critics saw this as a sign of weakness, there were compelling reasons for amendments during India's early years of independence and political consolidation.
3. Major amendments included those addressing fundamental rights like equality and property rights, legislative lists defining federal powers, and state reorganizations following independence. Later amendments dealt with issues like reservation of seats,
Need everything in your own words. Not outside sources, Only the re.docxgibbonshay
Need everything in your own words. Not outside sources, Only the readings it's there. Due in 26 hours
Bill of rights link: https://www.archives.gov/founding-docs/bill-of-rights-transcript
US Constitution link: https://www.archives.gov/founding-docs/constitution-transcript
Instructions:
Read
:
(a)
The Constitution of the United States(The Articles)
(b)
The Bill of Rights(The first ten Amendments)
Then answer the questions below on Canvas.
Use your own words.
Use complete sentences and correct spelling, grammar and punctuation.
The Articles are the main part of the Constitution. The Amendments are in a different section.
The Bill of Rights are the first 10 Amendments to the US Constitution
Part I:
Summarize the general purpose or subject of each ARTICLE in ONE SENTENCE. Use your own words.
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Part II:
What are the two references to Religion? Summarize them in your own words.
(Hint: one is in the Articles; the other is in the Bill of Rights)
Part III:
What are the three references to slavery IN THE ARTICLES? Note the word "slavery" is NOT used.
For Part III, summarize each reference to slavery using your own words and indicate where the references can be found in the articles of the Constitution
.
Federal administrative law research (manual)Dittakavi Rao
Federal administrative law governs regulations created by federal agencies. Congress establishes agencies and gives them power to create rules with the force of law. Regulations are published in the Federal Register and codified in the Code of Federal Regulations. The Administrative Procedure Act established procedures for rulemaking and judicial review. Regulations must be researched along with statutes. Loose-leaf services provide up-to-date agency rules, decisions, and secondary sources to fully understand administrative law.
This document contains notes from a class on constitutional powers in the United States. It discusses the system of federalism and how power is shared between the federal and state governments. It outlines the key powers granted to each branch of government in the US Constitution, including the powers of Congress, the President, and the federal courts. It also discusses the amendment process and some amendments that have been proposed but failed to pass.
The document outlines the six basic principles of the US Constitution: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism. It also discusses the process of formal amendment, noting that the Constitution has been amended 27 times to address needed changes over time. Additionally, it analyzes how the Constitution has evolved through means other than formal amendment, such as legislation, executive actions, judicial decisions, and political customs and norms.
The Miscellaneous Statutes Interpretation Paper 2008Paul Dawson
These slides were presented at Continuing Legal Education of British Columbia's workship "Advanced Legal Research", December 11, 2008. See accompanying paper published by CLEBC for further information.
The document discusses the legislative process for creating laws in Colorado. It explains that bills are drafted proposals to create, amend, or repeal laws. Bills are sponsored by legislators and assigned numbers. They proceed through various versions as they are considered by committees and voted on by both the House and Senate. The number of bills an individual legislator can introduce is limited.
This guide provides an overview of the steps and resources for non-lawyers to research a legal problem themselves. It recommends beginning by clearly stating the legal question, determining the relevant jurisdiction, and understanding common legal citations. Key resources include self-help books, legal encyclopedias, codes, court rules and cases. The order of resources presented generally moves from broader overview sources to more specific primary legal authorities that may directly address the problem. Public and law libraries provide access to both print and online versions of these materials.
This document summarizes the ongoing legal issues surrounding R.S. 2477 rights-of-way claims on federal lands. It discusses the historical context of R.S. 2477 and its repeal through FLPMA in 1976. It also analyzes the different approaches taken by the Ninth and Tenth Circuits in determining the validity of R.S. 2477 claims. Finally, it proposes alternative legal schemes, including congressional authorization for DOI to adjudicate claims or judicial modification to allow federal preemption of conflicting state laws. The key debate centers around the proper interpretation of terms in R.S. 2477 like "construction," "highway," and "public lands not reserved."
The document discusses the structure and principles of the US Constitution. It describes the six main goals laid out in the Constitution's preamble: forming a more perfect union, establishing justice, ensuring domestic tranquility, providing for the common defense, promoting general welfare, and securing liberty. It then outlines the four main principles of the Constitution: popular sovereignty, limited government, separation of powers, and federalism. Finally, it summarizes the seven articles of the Constitution and how they establish the three branches of government and their powers.
This document contains an oath for members of the Virginia Minute Men (And Women) militia to uphold the U.S. and Virginia Constitutions against all enemies and abide by the militia's rules. It requests that signed copies of the oath and membership be emailed to the militia's email address as either a PDF or picture. It also provides a template for a membership certificate for a member of the Virginia militia.
Constitutional Law Your Ironclad Guarantee of FreedomChuck Thompson
This document discusses various aspects of constitutional law, including:
- The supremacy of the U.S. Constitution over other laws according to Article VI of the Constitution.
- Protections provided by the Bill of Rights, such as freedom of speech and protection from unreasonable searches.
- The principle that unconstitutional statutes are void and unenforceable from the date of enactment based on the 1803 Marbury v. Madison Supreme Court decision.
- Citations from American Jurisprudence discussing the interpretation and application of the Constitution, including the principle that citizens are not bound to obey unconstitutional laws.
More Related Content
Similar to Unraveling The Mysteries of The U.S. Codes
The document discusses the status of the United States Code and whether it constitutes the law. While the Code was initially intended to be prima facie evidence of laws, some titles have since been enacted into positive law, making the text legal evidence. The Code is updated by the Office of Law Revision Counsel, who organize new laws and resolve conflicts, though courts can consider original statutes. Differences remain between enacted and non-enacted titles, but the Code overall provides access and organization of U.S. laws.
This document provides an overview of statutory research, including the sources and processes for federal and state statutes. It discusses the hierarchy of statutes and their relationship to case law. The key federal statutory sources are bills, the Congressional Record, Statutes at Large, the United States Code, and annotated codes. Legislative history materials like committee reports and floor debates can help interpret statutes. Maintaining currency requires checking pocket parts and advance sheets for new cases and laws.
Research Refresher: Statutes & Legislative Historydukelawreference
This document provides an overview of how to research federal statutes and locate related legislative history materials. It begins with an explanation of the legislative process and how bills become laws. It then discusses how statutes are published in various sources like slip laws, session laws, and codes. The document provides guidance on searching and navigating legal databases to find statutes and related cases. It also offers methods for locating legislative history documents through compiled sources, tables of contents, and indexes. Tips are included for researching state legislative materials as well.
The document discusses the process of law making in the U.S., including the roles of statutes, regulations, Congress, and administrative agencies. It provides definitions and explanations of key terms like acts, statutes, legislative law, administrative law, regulations, and codes. The summary is as follows:
Statutes are laws enacted by the legislature while regulations describe how statutes are enforced by the executive branch. Regulations are promulgated by administrative bodies as authorized in statutes. Legislative law originates from bills in Congress, while administrative law comes from executive agencies. Regulations implement statutes after they are passed into law through a public comment process. Codification exhaustively covers an area of law in a jurisdiction.
629 ESSAY MODERNIZING THE ADMINISTRATIVE PROCEDURE A.docxpriestmanmable
629
ESSAY
MODERNIZING THE ADMINISTRATIVE
PROCEDURE ACT
CHRISTOPHER J. WALKER*
ABSTRACT
Despite dramatic changes in the modern regulatory state over the last seven decades,
Westlaw reports that Congress has only amended the Administrative Procedure Act sixteen
times since its enactment in 1946. The current political climate may present an ideal op-
portunity for much-needed bipartisan legislative action. This Essay introduces the Ameri-
can Bar Association’s 2016 consensus-driven recommendations to reform the Administra-
tive Procedure Act and then concludes that the Portman–Heitkamp Regulatory
Accountability Act of 2017, which incorporates seven of the ABA’s nine recommenda-
tions, is the type of common-sense, bipartisan legislation needed to modernize the APA.
* Associate Professor of Law, Michael E. Moritz College of Law, The Ohio State
University. The author is a Public Member of the Administrative Conference of the United
States and on the Governing Council for the American Bar Association’s Section of Admin-
istrative Law and Regulatory Practice. These organizations have recommended many of
the proposals discussed in this Essay. Similarly, the author served as an Academic Fellow for
Senator Orrin Hatch from January to May 2017, during which time he worked on regulato-
ry reform legislation, including the Regulatory Accountability Act discussed herein. Indeed,
Senator Hatch is one of the four original co-sponsors of that legislation. The views ex-
pressed, of course, are the author’s own. Thanks are due to Evan Bernick, Kent Barnett,
Kati Kovacs, Ron Levin, Jeff Lubbers, and Michael McConnell, as well as participants at
the Hoover Institution’s Reforming the Administrative State Conference, for helpful com-
ments on prior drafts and to the editors of the Administrative Law Review—Matt Goldstein in
particular—for their expert (and expedited) editorial assistance.
630 ADMINISTRATIVE LAW REVIEW [69:3
TABLE OF CONTENTS
Introduction ............................................................................................... 630
I. Evolution of the APA .............................................................................. 633
II. ABA 2016 Resolution to Reform the APA ........................................... 638
A. Agency Disclosure of Data, Studies, and Information ........ 639
B. The Agency Rulemaking Record ........................................ 640
C. Minimum Comment Period ............................................... 641
D. Definition of “Rule” ............................................................ 642
E. Midnight Rules .................................................................... 643
F. Retrospective Review .......................................................... 644
G. Unified Regulatory Agenda ................................................ 645
H. Outmoded Rulemaking Exemptions .................................. 646
I. Post-.
629 ESSAY MODERNIZING THE ADMINISTRATIVE PROCEDURE A.docxmeghanivkwserie
629
ESSAY
MODERNIZING THE ADMINISTRATIVE
PROCEDURE ACT
CHRISTOPHER J. WALKER*
ABSTRACT
Despite dramatic changes in the modern regulatory state over the last seven decades,
Westlaw reports that Congress has only amended the Administrative Procedure Act sixteen
times since its enactment in 1946. The current political climate may present an ideal op-
portunity for much-needed bipartisan legislative action. This Essay introduces the Ameri-
can Bar Association’s 2016 consensus-driven recommendations to reform the Administra-
tive Procedure Act and then concludes that the Portman–Heitkamp Regulatory
Accountability Act of 2017, which incorporates seven of the ABA’s nine recommenda-
tions, is the type of common-sense, bipartisan legislation needed to modernize the APA.
* Associate Professor of Law, Michael E. Moritz College of Law, The Ohio State
University. The author is a Public Member of the Administrative Conference of the United
States and on the Governing Council for the American Bar Association’s Section of Admin-
istrative Law and Regulatory Practice. These organizations have recommended many of
the proposals discussed in this Essay. Similarly, the author served as an Academic Fellow for
Senator Orrin Hatch from January to May 2017, during which time he worked on regulato-
ry reform legislation, including the Regulatory Accountability Act discussed herein. Indeed,
Senator Hatch is one of the four original co-sponsors of that legislation. The views ex-
pressed, of course, are the author’s own. Thanks are due to Evan Bernick, Kent Barnett,
Kati Kovacs, Ron Levin, Jeff Lubbers, and Michael McConnell, as well as participants at
the Hoover Institution’s Reforming the Administrative State Conference, for helpful com-
ments on prior drafts and to the editors of the Administrative Law Review—Matt Goldstein in
particular—for their expert (and expedited) editorial assistance.
630 ADMINISTRATIVE LAW REVIEW [69:3
TABLE OF CONTENTS
Introduction ............................................................................................... 630
I. Evolution of the APA .............................................................................. 633
II. ABA 2016 Resolution to Reform the APA ........................................... 638
A. Agency Disclosure of Data, Studies, and Information ........ 639
B. The Agency Rulemaking Record ........................................ 640
C. Minimum Comment Period ............................................... 641
D. Definition of “Rule” ............................................................ 642
E. Midnight Rules .................................................................... 643
F. Retrospective Review .......................................................... 644
G. Unified Regulatory Agenda ................................................ 645
H. Outmoded Rulemaking Exemptions .................................. 646
I. Post-.
Page 55 BUSINESS AND THE CONSTITUTIONA federal statute and.docxalfred4lewis58146
Page 55
BUSINESS AND THE CONSTITUTION
A federal statute and related regulations prohibited producers of beer from listing, on a product label, the alcohol content of the beer in the container on which the label appeared. The regulation existed because the U.S. government believed that if alcohol content could be disclosed on labels, certain producers of beer might begin marketing their brand as having a higher alcohol content than competing beers. The government was concerned that “strength wars” among producers could then develop, that consumers would seek out beers with higher alcohol content, and that adverse public health consequences would follow. Because it wished to include alcohol content information on container labels for its beers, Coors Brewing Co. filed suit against the United States government and asked the court to rule that the statute and regulations violated Coors's constitutional right to freedom of speech.
Consider the following questions as you read Chapter 3:
On which provision in the U.S. Constitution was Coors relying in its challenge of the statute and regulations?
Does a corporation such as Coors possess the same constitutional right to freedom of speech possessed by an individual human being, or does the government have greater latitude to restrict the content of a corporation's speech?
The alcohol content disclosures that Coors wished to make with regard to its product would be classified as commercial speech. Does commercial speech receive the same degree of constitutional protection that political or other noncommercial speech receives?
Which party—Coors or the federal government—won the case, and why?
Do producers and other sellers of alcoholic beverages have, in connection with the sale of their products, special ethical obligations that sellers of other products might not have? If so, what are those obligations and why do they exist?
LEARNING OBJECTIVES
After studying this chapter, you should be able to:
1 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional.
2 Explain the key role of the U.S. Constitution's Commerce Clause in authorizing action by Congress.
3 Describe the incorporation doctrine's role in making most guarantees of the Bill of Rights operate to protect persons not only against certain federal government actions but also against certain state and local government actions.
4 Explain the differences among the means-ends tests used by courts when the constitutionality of government action is being determined (strict scrutiny, intermediate scrutiny, and rational basis).
5 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive.
Page 56 6 Explain the difference between procedural due process and substantive due process.
7 Identify the instances when an Equal Protection Clause–based challenge to government a.
Bachelor of Journalism & Mass communication, Indian Govt. Politics, Bjmc i,jm...Rai University
1. The Constitution of India allows for amendments through a process that balances rigidity and flexibility. It categorizes articles based on the threshold for amendment, with some requiring only a simple majority while others require a two-thirds majority with state ratification.
2. During the first 16 years, the Constitution was amended 20 times to address practical difficulties in implementation and accommodate the reorganization of states. While critics saw this as a sign of weakness, there were compelling reasons for amendments during India's early years of independence and political consolidation.
3. Major amendments included those addressing fundamental rights like equality and property rights, legislative lists defining federal powers, and state reorganizations following independence. Later amendments dealt with issues like reservation of seats,
Need everything in your own words. Not outside sources, Only the re.docxgibbonshay
Need everything in your own words. Not outside sources, Only the readings it's there. Due in 26 hours
Bill of rights link: https://www.archives.gov/founding-docs/bill-of-rights-transcript
US Constitution link: https://www.archives.gov/founding-docs/constitution-transcript
Instructions:
Read
:
(a)
The Constitution of the United States(The Articles)
(b)
The Bill of Rights(The first ten Amendments)
Then answer the questions below on Canvas.
Use your own words.
Use complete sentences and correct spelling, grammar and punctuation.
The Articles are the main part of the Constitution. The Amendments are in a different section.
The Bill of Rights are the first 10 Amendments to the US Constitution
Part I:
Summarize the general purpose or subject of each ARTICLE in ONE SENTENCE. Use your own words.
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Part II:
What are the two references to Religion? Summarize them in your own words.
(Hint: one is in the Articles; the other is in the Bill of Rights)
Part III:
What are the three references to slavery IN THE ARTICLES? Note the word "slavery" is NOT used.
For Part III, summarize each reference to slavery using your own words and indicate where the references can be found in the articles of the Constitution
.
Federal administrative law research (manual)Dittakavi Rao
Federal administrative law governs regulations created by federal agencies. Congress establishes agencies and gives them power to create rules with the force of law. Regulations are published in the Federal Register and codified in the Code of Federal Regulations. The Administrative Procedure Act established procedures for rulemaking and judicial review. Regulations must be researched along with statutes. Loose-leaf services provide up-to-date agency rules, decisions, and secondary sources to fully understand administrative law.
This document contains notes from a class on constitutional powers in the United States. It discusses the system of federalism and how power is shared between the federal and state governments. It outlines the key powers granted to each branch of government in the US Constitution, including the powers of Congress, the President, and the federal courts. It also discusses the amendment process and some amendments that have been proposed but failed to pass.
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1. UNRAVELING THE MYSTERIES OF THE U.S. CODE
Program at the Special Libraries Association Annual Conference, June 3-6, 2007, Denver, Colorado
Presented by Richard J. McKinney, Assistant Law Librarian, Federal Reserve Board, Washington, DC
Last revised in August, 2009
1. What is a code of law and why do we need them?
A code of law is a private or official compilation of all permanent laws in force
consolidated and classified according to subject matter (Black's Law Dictionary). We
need codes of law to figure out what the current (or past) law is on a particular subject
matter. Usually only general and permanent matters are placed in a code of law.
2. What is the difference between law that is general and permanent and law that is not?
Laws dealing with local matters, like name changes to public buildings, and matters
that are in effect for a short period of time, like annual appropriations, are not general
and permanent and thus are not placed in the U.S. Code.
3. In a code of law what is the difference between positive law and prima facie evidence of the law?
Positive law titles of a Code have been enacted with prior laws being repealed. They
are "legal evidence" of the law in most courts. Titles of a Code that are prima facie ("on
the face") evidence of the law have not been enacted but were compiled by codifiers
and are rebuttable evidence of the law. In cases of inconsistency the individual
enacted statutes prevail. On the inside cover of the U.S. Code is a list of titles with an
asterisk beside those titles that are positive law titles. See also detailed listing at llsdc.org.
4. If the Revised Statutes (of 1873 and 1878) was the first codification of U.S. law is it still in force today and is
it positive law or prima facie evidence of the law?
Some of the Revised Statutes is still in force today and is cited as a source statute to
various sections of the U.S. Code whose titles have not been enacted into positive law.
The 1878 edition of the Revised Statutes corrected errors and incorporated amending
statutes enacted after December 1, 1873. The added statutory material is considered
prima facie evidence of the law, but as a practical matter the entire 1878 substitute
edition of the Revised Statutes is generally accepted as a source statute.
5. What led up to the creation of the U.S. Code in 1926 and what role did the West Publishing Company have in
its creation?
Some events leading up to the creation of the U.S. Code included the deficiency of
Congress in amending and supplementing the 70 title Revised Statutes; the publication
of unofficial codes of law by private publishers; the 60 title code of law by
Representative E.C. Little, chair of the House Committee on Revision of Laws,
introduced and passed by the House in three separate Congresses (66th, 67th, and 68th);
and finally the 1925 employment of the West Publishing and Edward Thompson
companies to compile a 50 title Code using Little's work and others as a basis.
6. Why did Congress not enact the U.S. Code into positive law and have errors been found in the Code?
On April 12, 1926, in the 69th Congress, the House passed H.R. 10000, which would enact
the U.S. Code into positive law and repeal most prior laws in force as of December 7,
1925 (the start of the 69th Congress), but only make it effective after June 30, 1927.
Before that time the Code would be prima facie evidence of the law with enough time,
hopefully, to correct any new errors found. However, because of likely errors in the law,
the Senate amended H.R. 10000 so that it would only be prima facie evidence of the
law. The bill was signed by the President on June 30, 1926 (Pub. L. No. 69-440, 244 Stat.
Part 1). 537 errors were later found and corrected; 88 of them errors of substance.
2. 7. Who compiles the U.S. Code and assigns new Code cites to laws, and, after 80 years of the Code, why haven’t
all the titles of the U.S. Code been enacted into positive law?
Since 1975, the U.S. Code has been compiled by the Office of Law Revision Counsel, an
independent office in the U.S. House of Representatives with some 18 staff members.
Currently about 3 full time attorneys, out of 13 in the Office, prepare and revise new
titles for codification. To revise and codify non-positive law titles of the U.S. Code
generally requires years of preparation. It is, of course, helpful if a title remains
somewhat fixed in time and that there be sufficient attorneys with expertise. The Office
also assigns Code classifications to new statutes and prepares new editions and
supplements to the U.S. Code.
8. Why doesn’t the Government Printing Office publish the U.S. Code annually instead of every six years?
Pursuant to a 1928 law new editions of the "Code of Laws of the United States" shall not
be published oftener than once in each five years and the practice became once
every six years with cumulative supplements in between. See 1 USC §202(c).
9. How many titles of the U.S. Code have been enacted into positive law and are there any substantive changes
in them to what was there previously?
Beginning in 1947, specific titles of the U.S. Code have been revised, codified and
enacted into law by Congress while repealing prior law. Currently, 23 titles (about half)
of the Code have been enacted into positive law without any intended (usually)
substantive changes. However, because statutes have to be grouped together and
made consistent with one another, a considerable amount of editing is done and
sometimes what appears to be a substantive change is made, like in compiling one
general definition section to apply to what were formerly different statutes.
10. Is Title 26 of the U.S. Code, the Internal Revenue Code, positive law, and if not, do I still have to pay
Federal income taxes?
Title 26 of the U.S. Code has not been revised, codified and enacted into positive law
per se. However, the Internal Revenue Code of 1939 and the Internal Revenue Code of
1954 (now called the Internal Revenue Code of 1986 per the Tax Reform Act of 1986)
were enacted into positive law, and unlike other non-positive law Titles of the USC each
section of Title 26 exactly matches those of the Internal Revenue Code. Anyone who
presumes to ignore the law or advises others to do so does so at their own peril.
11. How are new statutes added or assigned to parts of the U.S. Code?
Many statutes just amend other statutes and state which part of the U.S. Code is being
amended or added to. New laws may also be assigned by the Law Revision Counsel
as an added chapter or subchapter of a non-positive law title of the Code. The
sections of the Code frequently follow the numeric order of sections of the new statute.
Usually the later chapters in a USC title reflect laws enacted recently. However, new
sections to related laws are also assigned to related sections even when the next
number is unavailable. So one gets a Section 2a or a Section 77kkk.
12. Why are some statutory sections placed in the note area of some U.S. Code sections and are they then just as
valid?
Statutory "Congressional findings," mandated studies, and official popular names to
laws are often placed in the note area of a related section of a non-positive title of the
U.S. Code. Also, substantive statutory material are often placed in the note area of a
closely related section of a positive law title of the Code (and sometimes a non-positive
law title) rather than its own section since Congress did not actually amend the title (or
perhaps the Act the Code section pertains). But, regardless of where a statute is
placed in the U.S. Code, if the statute is valid law, then the note reflecting it is as well.
3. 13. Why do some positive law titles of the U.S. Code have appendices and are these appendices positive law?
The Law Revision Counsel may add an appendix to a positive law title of the U.S. Code
because a particular new law may be closely related to the subject matter of the title,
but Congress never amended the title to incorporate it. The Ethics in Government Act,
for instance, is in an appendix to Title 5. The statute is positive law, but not the appendix.
14. How do I find if recent laws have amended a specific section of the U.S. Code?
The Office of the Law Revision Counsel maintains a table listing sections of the Code
affected by recent laws so that you can find out if a new law affected a Code section
of your interest or where a new statute section is assigned (http://uscode.house.gov).
15. Where can I find legislative histories or reviser notes to revised and codified titles of the U.S. Code?
Reviser notes and citations to former sections of the U.S. Code are generally included in
the note area following each section of a positive law title of the Code except for Titles
1, 2, 4, and 9. The reviser notes are usually excerpts from the House Judiciary Committee
report (the primary legislative history to a revised title) accompanying the legislation to
codify and enact a title. The reviser note will also indicate how the section was revised
(words omitted, words substituted, etc.).
16. How do I find where a former section of the Code is now located in a revised, codified title of the Code?
Table I of the U.S. Code and the U.S. Code Service table volume contains a list of former
sections of the Code and their location in the revised titles of the Code. An applicable
table is also set out at the beginning of each title of the U.S. Code (and the U.S.C.S. and
U.S.C.A.) that has been enacted into positive law. The text of those former sections
must generally come from earlier editions of the U.S. Code. See Table I link at llsdc.org
17. If I have a citation to a section of an old public law how can I find out where it was placed in the U.S. Code?
Table III of the U.S. Code and the U.S. Code Service and Table 2 of the U.S. Code
Annotated contains a chronological list of statutes and their sections (including added
sections in later amendments to that public law) and where they have been classified
in the U.S. Code. Laws that have been subsequently revised and codified into a
positive law title will show the former sections of the Code not the revised ones. See also
Table III link at llsdc.org/statutes-code/. The complexity of trying to ascertain the current
citation and reading of a section of a law that may have been amended many times is
one of the principal reasons the U.S. Code was created.
18. How can I find the text to Presidential executive orders laid out in the U.S. Code?
The text of Presidential executive orders that are considered general and permanent
and have not been superseded are all laid out in the note area of a related section of
the U.S. Code. Those that have been superseded will only be noted and those that
have been amended will be laid out as amended. Table IV of the U.S. Code and the
U.S. Code Service (and Table 3 of the U.S.C.A.) shows in what section an executive
order can be found and whether it was superseded or revoked. See Tab. IV at llsdc.org
19. If a revised, codified, and enacted title of the U.S. Code omits certain provisions of a statute, is that statutory
provision still valid law?
Omitted parts of a statute that are considered unnecessary by the codifiers but have
not been specifically repealed within the law enacting a positive law title of the Code
(or elsewhere), are still valid law. Courts have generally stated that it is not to be
inferred that Congress intended substantive or minor changes in a law unless it is clearly
stated in the codified law or in a reviser's note. See related decisions at 1 U.S.CA. /
U.S.C.S. § 204 and also U.S. Code Historical Outline and Explanatory Notes on llsdc.org.
4. 20. How can I figure out which law made a specific change to a certain section of the U.S. Code that may have
been amended many times?
Generally, the note area after each section of the U.S. Code contains notes on
amendments to that section made by each applicable public law in reverse
chronological order (U.S.C.S. has it in chronological order). The notes will sometimes
explain how the section or subsection was amended or at least what law added a
specific subsection. These notes only go back as far as the 1926 U.S. Code or as far
back as the law that enacted a title into positive law.
21. Why do some provisions in annual appropriations law get placed in the U.S. Code and how do they decide?
Because of the wording of a statute, like the word "hereafter," some provisions of an
appropriations law are considered general and permanent and are placed in the U.S.
Code. This may be true, for instance, of some sections of the "general provisions"
enacted each year that speak of funds being or not being available for certain
purposes. If funds are not spoken of and if it is clear that something new is being
permanently established than that provision will normally be added to the U.S. Code.
22. Where can I find an up-to-date version of the U.S. Code like the up-to-date version of the Code of Federal
Regulations, e-CFR, on GPO Access?
Unlike e-CFR, there is no "really" up-to-date version of the U.S. Code which incorporates
into its text all changes made in recent public laws. LexisNexis, Westlaw, and other
electronic services do a reasonably quick job, but even they may be weeks behind
depending on the volume of laws to process. However, many online commercial
services will quickly show portions of recent statutes affecting a U.S. Code section. The
Law Revision Counsel's online U.S. Code, which is the source for versions on GPO
Access, Cornell Law, and Findlaw, has most titles of its ASCII & PDF files up-to-date within
a half year to two years with lower numeric ordered titles completed first.
23. What are the kinds of things that are included in the note area after sections of the U.S. Code?
The note area after each section of the official U.S. Code always gives statutory source
citations, however, chapter numbers not public law numbers are used before 1957. In
addition, the note area may also provide reviser notes for positive law sections, as well
as amendment notes for sections that have been amended; explanations or references
to notes in the text; cross references to other sections mentioning that section (however,
this will no longer be the case after the 2000 edition); effective date notes; short title
notes; mandated study notes (not after February 2004 for one time studies); statutory
provision notes; and the text of related executive orders.
24. What are some of the ways that the U.S. Code (USC), the U.S. Code Annotated (USCA - West), and the U.S.
Code Service (USCS - LexisNexis) differ from one another?
The USCS differs from both the official USC and the USCA by being very attentive to
preserving the original language of a statute ("Act” not "Chapter," etc.) and is more
likely to retain questionable material deleted from the USC and the USCA. (like 12 USC §
92, reinstated by the U.S. Supreme Court in 1993). In separate volumes it also has many
other materials not included in the other services such as the text of international
agreements and federal agency administrative rules of procedure. The USCS also has
interpretive notes to court decisions of uncodified statutes, and to treaties, presidential
proclamations and congressional resolutions. On the other hand, the USCA contains
legislative history references not found in the other two. The index and headings to
sections and to notes in both the USCA and USCS may read differently than that of the
USC as they are often not part of a statute. Most importantly, the USCA/USCS services
include extensive notes to pertinent court decisions on each section in the Code as well
as reference notes to applicable CFR sections, ALR cites and other material.