PAD 525 Week 8 Discussions Power Rules

Week 8 Discussion 1

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“Power Rules.” Please respond to the following: 

Agency power combines the executive and legislative powers with respect to rule making and the legislative and judicial powers with respect to adjudication. Pick two agencies and compare and contrast the power each agency has in enforcing the regulations they are asked to uphold. Discuss why it is challenging for some agencies to enforce regulations and why it may be easy for other agencies to enforce regulations.

 Evaluate Bring v. North Carolina State Bar. Apply the court’s ruling on delegation to another situation of your choice to determine at what point delegation should stop.

Agency power combines the executive and legislative powers with respect to rule making and the legislative and judicial powers with respect to adjudication. Pick two agencies and compare and contrast the power each agency has in enforcing the regulations they are asked to uphold. Discuss why it is challenging for some agencies to enforce regulations and why it may be easy for other agencies to enforce regulations.

 Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is responsible for enforcing Federal criminal laws and regulating the firearms and explosives industries.

ATF, formerly known as the Bureau of Alcohol, Tobacco, and Firearms, was initially established by Department of Treasury Order No. 221, effective July 1, 1972, which transferred the functions, powers, and duties arising under laws relating to alcohol, tobacco, firearms, and explosives from the Internal Revenue Service to ATF. The Homeland Security Act of 2002 (6 U.S.C. 531) transferred certain functions and authorities of ATF to the Department of Justice and established it under its current name. ATF works, directly and through partnerships, to investigate and reduce violent crime involving firearms and explosives, acts of arson, and illegal trafficking of alcohol and tobacco products.

The Bureau provides training and support to its Federal, State, local, and international law enforcement partners and works primarily in 23 field divisions across the 50 States, Puerto Rico, the U.S. Virgin Islands, and Guam. It also has foreign offices in Mexico, Canada, Colombia, and France.

Federal Register: Alcohol, Tobacco, Firearms, and Explosion (2016). Retrieved November 21, 2016, from https://www.federalregister.gov/agencies/alcohol-tobacco-firearms-and-explosives-bureau/significant.rss

Drug Enforcement Administration (DEA) (since 1973)

Part of the Justice Department, the US Drug Enforcement Administration (DEA) is the leading law enforcement operation in the country for combating the sale and distribution of narcotics and other illegal drugs. DEA enforces federal anti-drug laws, such as the Controlled Substances Act, which pertain to the manufacture; distribution and dispensing of legally produced controlled substances.

DEA investigates major violators of controlled substance laws operating at interstate and international levels. Major violators include criminals and drug gangs, both in the US and in foreign countries. As part of its national drug intelligence program, DEA works with other federal, state, local and foreign law enforcement officials to collect, analyze and disseminate strategic and operational drug intelligence information. DEA also works with other law enforcement operations through non-enforcement methods such as crop eradication, crop substitution and training of foreign officials. Drug enforcement agents seize assets and property of alleged drug traffickers, and they compile a large volume of statistics and facts related to enforcement activities and the drug trade.

AllGov – Departments. (2016). Retrieved November 21, 2016, from http://www.allgov.com/departments/department-of-justice/us-drug-enforcement-administration-dea?agencyid=7195

The Department of Justice (DOJ) is a cabinet-level agency responsible for enforcing the laws of the United States federal government. DOJ ensures public safety against foreign and domestic threats, including terrorism, and preventing crime. The department includes such venerable law enforcement agencies as the Federal Bureau of Investigation (FBI), US Marshals, the Bureau of Alcohol, Tobacco and Firearms (ATF) and the Drug Enforcement Administration (DEA). DOJ is led by the United States Attorney General, the nation’s top law enforcement official and chief legal adviser to the President.

Another top DOJ official is the Solicitor General, who represents the federal government in cases heard before the US Supreme Court. In spite of its mandate to enforce the law, Justice Department officials have been accused at times of bending or breaking the law to suit the political whims of an administration.

AllGov – Departments. (2016). Retrieved November 21, 2016, from http://www.allgov.com/departments/department-of-justice?detailsdepartmentid=573

 Evaluate Bring v. North Carolina State Bar. Apply the court’s ruling on delegation to another situation of your choice to determine at what point delegation should stop.

The Petitioner first contends that N.C. Gen.Stat. § 84-24, which establishes the Board of Law Examiner’s rule making power, “violates Article 1, § 6 and Article II, § 1 of the North Carolina Constitution as an unconstitutional delegation of legislative authority.”  

The Board of Law Examiners, subject to the approval of the Council shall by majority vote, from time to time, make, alter and amend such rules and regulations for admission to the Bar as in their judgment shall promote the welfare of the State and the profession․

Every applicant applying for admission to practice law in the State of North Carolina, before being granted a license to practice law, shall prove to the satisfaction of the board that said applicant has graduated from a law school approved by the Council of the North Carolina State Bar or that said applicant will graduate within thirty (30) days after the date of the written bar examination from a law school approved by the Council of the North Carolina State Bar․

The Council’s current policy in considering the eligibility of an applicant’s legal education is to approve “only those schools which have themselves been approved by the American Bar Association.”   The Petitioner contends that the Board’s actions pursuant to Rule .0702 and this policy constitute an unconstitutional delegation of legislative authority because “the Board of Law Examiners, not the legislature, is setting the policy and establishing the minimum requirements for admission to the practice of law.”  This Court and the Supreme Court have twice before reviewed challenges to the Board of Law Examiner’s and determined that the statute does not represent an unlawful delegation of legislative power.  

In re Willis “character and general fitness” requirement of the statute regulating admission to the bar and the “good moral character” requirement of the Board of Law Examiner’s rule promulgated there under were constitutionally permissible standards; Bowens v. Board of Law Examiners, delegating the time and manner of administering the bar examination did not constitute an unlawful delegation of legislative authority.

FindLaw’s Court of Appeals of North Carolina case and opinions. (2016). Retrieved November 21, 2016, from http://caselaw.findlaw.com/nc-court-of-appeals/1480544.html

Week 8 Discussion 2

WWeek 8 Discussion 21

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“Judicial Review.” Please respond to the following:

 It has been stated, “Judicial review is concerned, not with the decision, but with the decision-making process.” Take a position on whether it should or should not be true. Support your position with examples or evidence.

 Imagine a Libertarian is voted into the White House at the next presidential election. Speculate what this could do for any agency’s judicial review process.

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• It has been stated, “Judicial review is concerned, not with the decision, but with the decision-making process.” Take a position on whether it should or should not be true. Support your position with examples or evidence.
• Judicial Review (JR) is a core element of administrative and public law. It is not available for private law disputes. JR is purely a judicial creation that was created by the courts themselves to control the activities of the government or local bodies through the application of flexible principles developed by the court e.g. the principle of reasonableness and fairness through case law.
• They are concerned with the decisions of any public body and want to ensure that the public body involved has not used its powers illegally or unfairly and has acted within the law. A public body is any emanation of the state e.g. local authorities, ministers, the Government, state controlled schools and immigration, or a non statutory body performing public functions under a statutory power conferred upon them. The greater the independence from the Government the lesser the chance that they are a public body.
• In conclusion, it seems that JRs are concerned with any decision of a public body to ensure it has complied with the law, as well as the decision-making process, ensuring procedural requirements have been complied with, unless it regards national security, then natural justice gives way to national security and judges seem to be concerned with the decision and its consequences to the public e.g. the recent ruling by the law lords that the detention without trial of suspected terrorists is unlawful, although the Government have yet to respond with a change to the law.
• Judicial Review. (2012, April 05). Retrieved November 21, 2016, from https://denningzcave.wordpress.com/2012/04/05/judicial-review/
•  Imagine a Libertarian is voted into the White House at the next presidential election. Speculate what this could do for any agency’s judicial review process.
• The stakes in the 2016 elections could not be higher. Take the struggling U.S. economy as just one example. Economic growth has been averaging a mere 2 percent a year well below the normal growth rate Americans have come to expect. And, this slow growth has consequences. Inflation-adjusted median household incomes have stagnated for more than a decade, and the long-term growth deficit is eroding people’s confidence in America’s exceptionalism.
• Revitalizing the economy’s historically tepid performance must be a top priority for the next president. It also requires a president who understands that growth cannot be dictated from Washington, D.C. Instead, it is individuals who are free to pursue their hopes and dreams, supported by a small but efficient government, which creates a vibrant economy.
• It is possible, perhaps probable, that a Republican-controlled House will support the official Republican candidate, but perhaps Snot. The current surge of the Libertarian candidate in the western states could help promote the Johnson-Weld ticket as an acceptable compromise candidate.
• Given the importance of this election, it is imperative that the winning candidate address the unacceptably slow economy. This will require implementing policies that ease the regulatory burden crushing small businesses; reform the tax code that is discouraging domestic investment, and right size the bloated federal budget. A rising Libertarian alternative improves the chances that such necessary reforms will be forthcoming.
• Winegarden, W. (2016, August 30). The Libertarian Road to the White House. Retrieved November 21, 2016, from https://spectator.org/the-old-and-the-new-at-flushing-meadows/ The Libertarian Road to the White House

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