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Constituents request assistance with particular problems or ask questions. Members of Congress want to leave a positive impression on the constituent, rather than leave them disgruntled. Thus, their offices will often be responsive, and go out of their way to help steer the citizen through the intricacies of the bureaucracy.
"Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various questions is distributed vertically (as between state and federal governments) and horizontally (as between branches of government) and how this impacts on the legitimacy of decisions.
The concept of rational basis review can be traced to an influential 1893 article, "The Origin and Scope of American Constitutional Law", by Harvard law professor James Bradley Thayer. Thayer argued that statutes should be invalidated only if their unconstitutionality is "so clear that it is not open to rational question". [ 12 ]
The Court performed judicial review of the plaintiff's claim that the carriage tax was unconstitutional. After review, the Supreme Court decided the Carriage Act was constitutional. In 1803, Marbury v. Madison [3] was the first Supreme Court case where the Court asserted its authority to strike down a law as unconstitutional.
A law review or law journal is a scholarly journal or publication that focuses on legal issues. [1] A law review is a type of legal periodical. [2] Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics.
These powers of review of administrative decisions, while often governed by statute, were originally developed out of the royal prerogative writs of English law such as the writ of mandamus and the writ of certiorari. Thus, it is not enough to simply claim that the rulemaking agency could have done a better job.
In Chevron, there was a two-step standard of review. The Chevron standard dealt with "a formal rationale for judicial deference to an agency's interpretation of a statute." Auer did not adopt the two-step process for review in Chevron but a single level standard of deference "to an agency's permissible interpretation of its regulation."
[4] [5] Legislation is produced by elected officials, but is implemented by unelected bureaucrats, who sometimes act under their own preferences or interests. [ 1 ] [ 2 ] [ 6 ] Bureaucratic drift is often treated as a principal–agent problem , with Congress and the Presidency acting as principals and bureaucracy acting as the agent.