3 questions should be answered about the law in the U.S

Jun 5th, 2015
KateS
Category:
Law
Price: $15 USD

Question description

3 questions should be answered about the law in the U.S

I want you to answer these three questions about law. Each question should be answered in one page single space, or tow pages double space. The person how want to answer them must be knowledgeable about the law in the U.S.

I want you to use the attached references. You can also use beside other resources. Make sure that you cite and quote.

Thank you.

Here your are with an introduction with the 3 questions;

Administrative Law and Modern Constitutional Theory

The administrative state is a central feature of modern constitutional theory.  It is central because the administrative state describes the political system in which Americans now live.  Moreover, this topic is unavoidable for two major reasons.  First, the combination of agency functions—legislative, executive, and judicial—in the same agencies challenge our basic notions underlying the separation of powers doctrine.  Second, despite our aspirations for a government of laws, the bureaucracy and those who staff it (public administrators) have tremendous discretion in implementing and enforcing public policies.  This vast amount of discretion is arguably only controlled on the margins by the major political institutions of government.  For these reasons, the legitimacy of the administrative state is a constant issue ripe for debate.  Let’s debate the following questions:

1.  What are the essential concerns of study of administrative law and how do they relate to modern constitutional theory?

2.  Are bureaucracy and democracy compatible?

3.  The U.S. constitutional separation of powers was designed well before the growth of the administrative state.  Over the years, the political institutions of government—the Congress, the president, and the courts—have tried to “retrofit” the administrative state into our original constitutional design.  If you could make three changes to the separation of powers to improve control by our political institutions—Congress, the president, and the courts--over the discretion exercised by administrative agencies what would those changes be?  Why? 

Sources must be used when answering the questions

  Daniel E. Hall, Administra*ve Law: Bureaucracy in a Democracy (Sixth EdiHon) (PrenHce-Hall: Saddle River, N.J., 2015). Introduction,"  Chapter 1

Shelia Kennedy and David Schultz, American Public Service: Cons*tu*onal and Ethical Founda*ons. (Jones & Bartlef

    Beckett, "Public Management and Understanding Public Law."  Chapter 1.

      Szypszak, "Educating Yourself About the Law,"  in Understanding Law for Public 

      Administration," Chapter 15.

    The Nature of Legal Research (Handouts).  (Materials dealing with legal resea


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