Questions: Which of the following statements about how the courts hold the federal administrative agencies accountable is accurate? The courts are considered the first line of defense against agency heads that have overreached in their administrative power. The courts will typically support administrators if administrators have consistently administered the law. Legally, the bureaucracy derives its power from precedent applied by the courts. The courts rarely grant administrators any discretionary authority. The courts have no power to make an agency change its policy.

The answer is B: The courts will typically support administrators if administrators have consistently administered the law.

Explanation for each option:

A. The courts are considered the first line of defense against agency heads that have overreached in their administrative power.

• This statement is not entirely accurate. While courts do play a role in checking administrative overreach, they are not the first line of defense. Other mechanisms, such as congressional oversight and internal agency checks, also play significant roles.

B. The courts will typically support administrators if administrators have consistently administered the law.

• This statement is accurate. Courts often defer to administrative agencies' expertise and judgment, especially when the agency has consistently applied the law and followed proper procedures. This is known as "Chevron deference," a principle established in the Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. case.

C. Legally, the bureaucracy derives its power from precedent applied by the courts.

• This statement is incorrect. The bureaucracy derives its power primarily from statutes enacted by Congress, not from judicial precedent. Courts interpret these statutes and can influence how they are applied, but they do not grant power to agencies.

D. The courts rarely grant administrators any discretionary authority.

• This statement is incorrect. Courts often recognize and uphold the discretionary authority of administrative agencies, as long as the agencies act within the bounds of their statutory authority and follow proper procedures.

E. The courts have no power to make an agency change its policy.

• This statement is incorrect. Courts can and do require agencies to change their policies if they find that the agency has acted unlawfully, exceeded its authority, or failed to follow required procedures. Courts can remand cases back to agencies for reconsideration or require them to take specific actions.