Organic statute

From Ballotpedia
Jump to: navigation, search
New Administrative State Banner.png
Administrative State
Administrative State Icon Gold.png
Read more about the administrative state on Ballotpedia.


Organic statute or organic act, in the context of administrative law, refers to legislation that creates government agencies and defines the original scope of their authority. It is a type of enabling statute.[1][2][3]

The concept is related but not identical to that of organic law, which refers to the original legal foundation of a government. For example, the United States Constitution is part of the organic law of the United States federal government.[1][4][5]

Learning Journey ad 600x200.png

Background

Organic statutes are a specific type of enabling statute. According to Black's Law Dictionary, an enabling statute "permits what was previously prohibited or that creates new powers;" in United States law, the term most frequently refers to "a congressional statute conferring powers on an executive agency to carry out various delegated tasks."[3] Under the system of government established by the United States Constitution, legislative authority (the power to make law) is vested in the Congress. However, Congress delegates its rulemaking authority to a variety of executive departments, agencies, and commissions via organic and enabling statutes. Organic statutes establish and authorize administrative agencies to issue specific rules and regulations and carry out other activities to fulfill broad aims defined by Congress, while enabling statutes grant additional authority or responsibility to existing agencies.[6]

Organic statutes establishing federal agencies

Below is a partial list of organic statutes that established agencies of the United States federal government:[1][2][3][7]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 US Legal, "Organic Statute Law and Legal Definition," accessed August 13, 2017
  2. ↑ 2.0 2.1 Center for Effective Government, "Organic Statute," accessed August 13, 2017
  3. ↑ 3.0 3.1 3.2 Intelligence Law, "Lesson 4: Statutory Law," 2012
  4. ↑ Merriam-Webster, "Organic law," accessed August 13, 2017
  5. ↑ The Law Dictionary, "What is Organic Law?" accessed August 13, 2017
  6. ↑ Beau Steenken and Tina Brooks, "Sources of American Law: An Introduction to Legal Research, Chapter 4: Administrative Regulations," 2015
  7. ↑ Federal Trade Commission, "Statutes Enforced or Administered by the Commission," accessed August 13, 2017
v • e
The Administrative State
MainThe Administrative State Project Badge.png
Pillars
Reporting
Laws
Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act
Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
Bibliography
Agencies
v • e
Ballotpedia
About
Editorial Content
Geoff Pallay, Director of Editorial Content and Editor-in-Chief • Ken Carbullido, Vice President of Election Product and Technology Strategy • Norm Leahy, Senior Editor • Daniel Anderson, Managing Editor • Ryan Byrne, Managing Editor • Cory Eucalitto, Managing Editor • Mandy Gillip, Managing Editor • Doug Kronaizl, Local Elections Project Manager • Jaclyn Beran • Marielle Bricker • Joseph Brusgard • Emma Burlingame • Kelly Coyle • Thomas Ellis • Frank Festa • Nicole Fisher • Brianna Hosea • Joseph Greaney • Thomas Grobben • Jaime Healy-Plotkin • Tyler King • Glorie Martinez • Nathan Maxwell • Ellie Mikus • Jackie Mitchell • Ellen Morrissey • Mackenzie Murphy • Kaley Platek • Samantha Post • Adam Powell • Ethan Rice • Spencer Richardson • Victoria Rose • Briana Ryan • Myj Saintyl • Maddy Salucka • Maddie Sinclair Johnson • Abbey Smith • Alexis Thacker • Janie Valentine • Joel Williams • Samuel Wonacott • Trenton Woodcox
Retrieved from "https://ballotpedia.org/wiki/index.php?title=Organic_statute&oldid=9245530"