Agencies make binding rules, adjudicate violations, and control benefits, expanding judicial review opportunities
Evidence
A major expansion in administrative policymaking has accompanied this growth in government. Administrativeagenciess legislate? through their power to issuesegulations: that further:definerlegislativemandates and have the force of law. through their power to determine whether people or organizations have wiolated‘any:laws or regulations. And, through their power toawardtor:withhold authorizations and licenses and to,establish:andenforce eligibility requirements for government benefit programs, agencies control the distribution of important economic goods. Challenges from those injured by administrative policymaking have created new opportunities for judicial policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 2785
Categorization
- DEFINE: Enumerates the three administrative powers — rulemaking, adjudication, and licensing/benefits control — that generate judicial challenges.
- XREF: Connects to Chevron deference and administrative-law sections of the course.