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Constitutional Context In Us Public Administration 1

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Northwestern State University of Louisiana
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Constitutional Context in US Public Administration
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Institution
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Q.1
The US constitution’s separation of power divides authority over public administration
and agencies; the state and federal administrations are impacted due to the separation of powers.
Each of them including, the legislature, executive and the courts, play a substantial role in the
public administration framework. In the United States, Congress is mandated to create laws; the
President can reject them while the Supreme Court can declare the laws unconstitutional. The
separation of power is critical since it establishes a checking system of compliance relevant for
good governance. However, the constitutional separation of power creates a “double security” as
power is separated in two ways; between federal government and states and among three
branches of the federal government. To improve control over administration, Congress should
enact some reforms.
Congress should consider amending the 1996 Congressional Review Act to have the
effective executive-branch regulations to require affirmative approval. It will ensure that any
regulation that Congress has not affirmatively approved does not go into effect. There needs to
be a change by prohibiting Chevron deference to reduce the executive power to encourage the
other branches to legislate themselves with greater specificity. Chevron deference makes the
federal courts' handover interpretation of ambiguous statutes to the executive branch (Jr. and
Foley, 2016). Allowing the federal courts to interpret the statutes will ensure that the judicial
system is given powers to mandate some of the executive decisions. Other changes can be made
by ratifying all International Commitments by treaty; it will reassert Senate’s constitutional role,
clarify the judiciary, and create negotiation and communication between the President and
Congress.

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1 Constitutional Context in US Public Administration Name Institution Course title Date 2 Q.1 The US constitution’s separation of power divides authority over public administration and agencies; the state and federal administrations are impacted due to the separation of powers. Each of them including, the legislature, executive and the courts, play a substantial role in the public administration framework. In the United States, Congress is mandated to create laws; the President can reject them while the Supreme Court can declare the laws unconstitutional. The separation of power is critical since it establishes a checking system of compliance relevant for good governance. However, the constitutional separation of power creates a “double security” as power is separated in two ways; between federal government and states and among three branches of the federal government. To improve control over administration, Congress should enact some reforms. Congress should consider amending the 1996 Congressional Review Act to have the effective executive-branch regulations to require affirmative approval. It will ensure that any regulation that Congress has not affirmatively approved does not go into effect. There needs to be a change by prohibiting Chevron deference to reduce the executive power to encourage the other branches to legislate themselves with greater specificity. Chevron deference makes the federal courts' handover interpretation of ambiguous statutes to the execut ...
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