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| | These federal agencies decide ten times as many cases as the federal courts decide. | | These federal agencies decide ten times as many cases as the federal courts decide. |
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| − | The Constitution says nothing about a "Fourth Branch" of government, and some have argued that the administrative state is unconstitutional. But the Supreme Court has upheld the constitutionality of agencies, and in 1984 ruled that courts should even defer to agency decisions in ''Chevron U.S.A. v. Natural Resource Defense Council'', 467 U.S. 837 (1984). The ''Chevron'' decision has become one of the most-cited of all rulings, because federal agencies are making so many decisions that affect so many people. | + | The Constitution says nothing about a "Fourth Branch" of government, and some have argued that the administrative state is unconstitutional. But the Supreme Court has upheld the constitutionality of agencies, and in 1984 ruled that courts should even defer to agency decisions, in the decision of ''Chevron U.S.A. v. Natural Resource Defense Council'' (1984). This ''Chevron'' decision has become one of the most-cited of all rulings, because federal agencies are making so many decisions that affect so many people. |
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| | Here are some examples of agency decisions affecting ordinary people: | | Here are some examples of agency decisions affecting ordinary people: |
| − | *The [[Election Assistance Commission]] (EAC) maintains a federal voter registration form. Decisions of the EAC determine what the contents of the form are. The EAC decided that an oath and checkbox is sufficient proof of citizenship for applicants using the federal form. [[Kansas]] and [[Arizona]], however, have state laws requiring documentary proof of citizenship (such as a birth certificate). A conservative, Kansas Secretary of State [[Kris Kobach]], brought a federal lawsuit seeking to have the EAC include instructions for Kansas and Arizona voters to include documentary proof of citizenship. | + | *An administrative agency known as the [[Election Assistance Commission]] (EAC) maintains a federal voter registration form. Decisions of the EAC determine what the contents of the form are. The EAC decided that an oath and checkbox is sufficient proof of citizenship for applicants using the federal form, despite how easy it would be for people to falsely claim to be an American citien. [[Kansas]] and [[Arizona]], however, have state laws requiring documentary proof of citizenship (such as a birth certificate). A conservative, Kansas Secretary of State [[Kris Kobach]], brought a federal lawsuit seeking to have the EAC include instructions for Kansas and Arizona voters to include stronger, documentary proof of citizenship, such as a birth certificate, in order to reduce voting by illegal aliens. |
| − | *The [[Consumer Financial Protection Bureau]] is authorized under the Dodd-Frank Act to restrict the use of pre-dispute arbitration clauses in financial contracts, based on the results of a study it is currently (as of 2014) conducting. This could have a profound effect on the availability of a streamlined forum where consumers can bring legal claims against banks, as well as the availability of financial products resulting from the savings banks may be able to achieve by arbitrating rather than litigating cases. | + | *An administrative agency known as the [[Consumer Financial Protection Bureau]] is authorized under the Dodd-Frank Act to restrict the use of pre-dispute arbitration clauses in financial contracts, based on the results of a study it is currently (as of 2014) conducting. This could have a profound effect on the availability of a streamlined forum where consumers can bring legal claims against banks, as well as the availability of financial products resulting from the savings banks may be able to achieve by arbitrating rather than litigating cases. |
| − | *The [[IRS]] promulgated a rule under [[Obamacare]] that will provide subsidies to individuals purchasing health insurance on exchanges, whether they are run by States or by the federal government. Some challengers argue that the literal text for Obamacare only allows the federal government to provide for subsidies on state-run exchanges, not federally-run exchanges. | + | *The Internal Revenue Service ([[IRS]]) promulgated a rule under [[Obamacare]] that will provide subsidies to individuals purchasing health insurance on Obamacare insurance exchanges, whether they are run by States or by the federal government. Some challengers argue that the literal text for Obamacare only allows the federal government to provide for subsidies on state-run exchanges, not federally-run exchanges. Many people have signed up for Obamacare health insurance on federally-run exchanges, and are receiving subsidies from the federal government which may not be allowed by law. Litigation is pending to resolve this. |
| − | *The [[Federal Aviation Administration]] made a rule requiring airfare advertisements to have the total airfare (including taxes) be displayed more prominently than any other price, and required airlines to refund most tickets without charge if cancelled within 24 hours of booking. These regulations survived a court challenge by [[Spirit Airlines]] and [[Southwest Airlines]]. | + | *The [[Federal Aviation Administration]] made a rule requiring airfare advertisements to have the total airfare (including taxes) be displayed more prominently than any other price, and required airlines to refund most tickets without charge if cancelled within 24 hours of booking. These regulations survived a court challenge by [[Spirit Airlines]] and [[Southwest Airlines]], which objected to this interference with how they would prefer to do business. |
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| | === The Pendleton Act (1883) === | | === The Pendleton Act (1883) === |