Week 5-Explore the Impact of Administrative Accountability and Week 6 – Assess the Oversight Functions of Administrative Rulemaking

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Week 6

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Judicial and Legislative Reviews

The U.S. Judicial Branch is largely looked upon as the primary branch of the federal

government with the prevailing oversight function necessary to subordinate agency-level

administrative actions to the rule of law. As such, the federal courts provide a formal

check-and-balance against potential abuses of administrative discretion and worse—

potentially unconstitutional, illegal, unethical, or procedurally-irregular regulatory

decision-making (and subsequent enforcement)—within the specific scope and details of a

single case. Despite relatively broad powers to address grievances brought before it for

review, the judiciary is unable to initiate cases. It can only decide matters formally brought

for legal review through the appropriate legal channels with issues arising on

constitutional or statutory grounds. Once an individual legal decision is made, it is often

aggregated and implemented as accepted administrative practice. A majority of federal

judicial reviews take place at one of 89 district courts within the United States (up to 4

per state/territory based on population size) that hear both civil and criminal disputes.

Above these district courts are a series of circuit-level appeals courts and ultimately, the

U.S. Supreme Court. As the nation’s top court, the Supreme Court’s primary function is as

an appeals court being brought forward from a lower appeals court or a state-level

supreme court. The Supreme Court functions as a trial court in rare cases where there are

major legal controversies occurring between two or more states (Rosenbloom, 2015).

Unlike judicial reviews, constitutionally-mandated legislative review functions occur

anytime the legislative body is in session. Legislative oversight applies to any federal

program or function that requires congressionally-appropriated funds. Because Congress

retains exclusive ‘power of the purse,’ such a financial review is, by design, meant to

ensure the federal agency’s regulatory actions remain within the proper scope of

legislative intent. Formal legislative oversight runs the gambit of administrative concerns,

ranging from human resources, financial budgets, technology issues, and strategic

planning to name a few (Rosenbloom, 2015). Following the Legislative Reorganization Act

of 1946, formal standing congressional committees were established in both the (now)

435-member U.S. House of Representatives and the 100-member U.S. Senate, thereby

drawing upon the professional qualifications and experiences of its diverse representative

body. Through ongoing committee-level oversight into specific agency-level annual

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Books and Resources for this Week

Rosenbloom, D. H. (2015).

Administrative law for public managers.

Boulder, Colorado : Westview Press,

2015.
Link

Cass, R. A. (2017). Staying agency rules:

Constitutional structure and rule of law

in the administrative state.

Administrative Review, 69(2), 225-
Link

Clark, B., & Leiter, A. (2011). Regulatory

hide and seek: What agencies can (and

can’t) do to limit judicial review. Boston

College Review…
Link

budgetary requirements and personnel policies, well-developed conduits of information

sharing and professional communication/rapport have developed between individual

agencies and their respective congressional committee members.

Reference:

Rosenbloom, D. H. (2015). Administrative law for public managers (2nd ed.). Boulder, CO:

Westview Press.

Be sure to review this week’s resources carefully. You are expected to apply the

information from these resources when you prepare your assignments.

80 % 4 of 5 topics complete

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Nelson, W. A. (2017). Unfaithful

execution of the law: Congressional

interference with agency decision-

making. Seton Hall Legislative Journal,

42(1),
Link

Week 6 – Assignment: Assess the Oversight Functions

of Administrative Rulemaking
Assignment

Due July 25 at 11:59 PM

To ensure the fair, efficient, and transparent administration of public services, a variety of

information-specific mechanisms were put in place to drive and monitor how subordinate

agencies operate and share public information. Assess the existence and effects of judicial

oversight of federal administrative agencies by addressing the following in a written

report:

Appraise how courts act as a checks and balances of administrative agencies.

Evaluate the fundamental role of legislative oversight relative to administrative

agencies.

Evaluate the fundamental role of judicial review as it relates to administrative

agencies.

Distinguish between procedural and substantive due process.

Evaluate potential barriers to contemporary judicial review.

Support your assignment with at least five scholarly resources. In addition to these

specified resources, other appropriate scholarly resources, including seminal articles, may

be included.

Length: 5-7 pages, not including title and reference pages

Your assignment should demonstrate thoughtful consideration of the ideas and concepts

presented in the course by providing new thoughts and insights relating directly to this

topic. Your response should reflect scholarly writing and current APA standards. Be sure

to adhere to Northcentral University’s Academic Integrity Policy.

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