E-Learning Types of Laws The purpose of this video is to teach you about the four different types of law. The triangle diagram I’ve drawn up above represents the Executive Branch with the President at the top. And then within that giant Executive Branch where there are millions of people that are employed,
We have 15 different departments, like the Department of Energy, the Department of Defense, the State Department, the Justice Department, the Housing and Urban Development, Homeland Security.
There are fifteen large departments, but there are also many agencies, several agencies, and bureaus, that can make rules and regulations that have the same weight as a statutory law passed by the Legislative Branch.
They will be able to make rules and regulations in their specific area. This power is given to them by Congress. Congress has the ability to types allow these agencies to make rules and regulations. Congress also has the ability to have oversight or watch over it, to make sure rules and regulations they make are fair and that they’re appropriate.
These rules and regulations that are made by the agencies within the types of Executive Branch are referred to as administrative law. They come from the President and his or her administration. They’re referred to as administrative law.
Let’s now look at some real examples of types Executive Branch agencies that are able to make rules and regulations in their specific area. And these would be classified as administrative law. The first one we’ll look at is the Federal Aviation Administration, the FAA.
The FAA looks at, makes rules and regulations for flight safety with our airlines, the security of airports, and protocol for investigating crashes. When a crash occurs, the FAA will come in, try to find, the, you know, the black box, and figure out what happened so they can make air travel even safer.
But the rules and regulations that involve all the different aspects of this would be examples of administrative law. Another example of an Executive Branch agency is OSHA, Occupational Safety and Health Administration. OSHA makes rules and regulations to protect workers in their work environments.
An easy example would be Sam’s Club. If you’ve ever been to Sam’s Club you will see some of the workers will have braces that they wear around their mid-sections. Ah, that was something that OSHA came in and said that Sam’s Club needs to provide that to the workers because they are standing on concrete for such a long time.
They need that for their backs. So OSHA goes into all different types of workplaces and looks and sees if there are things that can be done to help protect the interest of workers and their safety. And the rules and regulations they make based off of that would be examples of administrative law.
The FCC, the Federal Communications Commission, is another example of an Executive Branch agency that can make rules and regulations and their area’s TV, radio, and news media. And so they can pass rules and regulations concerning what types of language is, or is not, allowed, what types of violence is/is not allowed on these forms of media.
Here are a couple quick examples of the FCC and the rules they’ve made. So if you’ve heard of the rapper Eminem. He sings in one of his songs about the FCC don’t come down on me because the FCC can make rules revolving around censorship of music and what lyrics can or cannot be used.
Now, obviously, there’s a lot of freedom and that protected by the First Amendment, but there are some examples of where they can make those rules and regulations. Another example would be the FCC’s rules regarding nudity on regular TV channels.
Ah, during one of the Super Bowl halftime shows, several years back, there was some nudity that was shown, and the FCC came down on CBS because they violated that rule regarding nudity on their channel. The Environmental Protection Agency is another example of an Executive Branch agency that is allowed to make rules and regulations.
And in their area of expertise, it is protecting the environment. They can make rules and regulations for businesses and corporations and industry to make sure they are not harming our environment through their work activities. Three last pieces of very important information to remind you about administrative law.
Number one. The purpose behind administrative law is that the agencies that are going to enforce these laws, Congress is giving them the power to make the laws because they are the experts in those areas. So when you look at the Federal Aviation Administration,
These are the people that have the experience, background, knowledge in handling all aspects of federal aviation. So the idea is that members of Congress are gonna give them the power to make the rules that they then have to enforce.
And so it makes more sense that they would have that skill set, their knowledge base and they have the years of experience in those areas. The second important piece is just to remind everybody that there is Congressional oversight,
So Congress can watch over those agencies to make sure that those laws that being passed aren’t too restrictive and they do what they’re supposed to be doing. And so Congress, if they believe that an agency is going outside their power,
There are a check and balance in the place where Congress’ opportunity for oversight they can hold hearings and bring in people from those agencies to question them about what they’re doing with the rules and the regulations and how they’re enforcing it.
So there is a check and balance aspect of this between the Legislative and Executive Branch as well. And the third important aspect of this is that the rules and regulations that are made through administrative law by these Executive Branch agencies are something that can be ruled unconstitutional.
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