Q: How does agency interpret statute?
Agency Court
Follow presidential directions unless outside authority X
Interpret to avoid constitutional questions -no duty to avoid constructing contra Constitution (e.g., Bob Jones) X
Use legislative history as guide X
-agents of Congress
-also about avoiding error in interpretation
Interpret to give energy to all legislative programs w/in jurisdiction X
Activist lawmaking X
-need to be somewhat activist to have legitimacy
Respect judicial precedent
-not inferior courts so ruling only binding in litigated case X
Lend coherence to overall legal order X
Interpretive efficiency X
Hierarchical control over subordinates X
-need rules w/ hard edges in SSA b/c so many judges and decisions
Contemporary political milieu X
-gain political capital by heeding preferences of president and Congress
-lots of agency nonacquiescene to decisions
-legal interest in not treating as binding to get more courts to weigh in
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