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Case history; Prior: Natural Res. Def. Council, Inc. v. U.S. Nuclear Regulatory Comm'n, 547 F.2d 633 (D.C. Cir. 1976); cert. granted, 429 U.S. 1090 (1977).: Holding; While federal agencies are free to grant additional procedural rights in the exercise of their discretion, reviewing courts are generally not free to impose them if the agencies have not chosen to grant them.
The Court explained that these delegations limit a federal court's ability to review the agency's interpretation of the law. [ 14 ] The power of an administrative agency to administer a congressionally created program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress.
These include arguments that the major questions doctrine is a symptom of "judicial self-aggrandizement," [4] that it is inconsistent with both textualism and originalism, [5] and that it is at odds with normal tools of statutory interpretation. [6] In an article for the Harvard Law Review summarizing this transformation in the major questions ...
Under rational basis review, it is "entirely irrelevant" what end the government is actually seeking and statutes can be based on "rational speculation unsupported by evidence or empirical data". [9] Rather, if the court can merely hypothesize a "legitimate" interest served by the challenged action, it will withstand rational basis review. [10]
The law states that, as a condition precedent, an agency promulgating a covered rule must submit a report to each House of Congress and to the Comptroller General that contains a copy of the rule, a concise general statement describing the rule (including whether it is a major rule), and the proposed effective date of the rule.
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
[14]: 8 The APA in 5 U.S.C. 551(1) defines an "agency" as "each authority of the Government of the United States, whether or not it is within or subject to review by another agency," with the exception of several enumerated authorities, including Congress, federal courts, and governments of territories or possessions of the United States. [15]
Section 551 of the Administrative Procedure Act gives the following definitions: . Rulemaking is "an agency process for formulating, amending, or repealing a rule." A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy."