How is the “freedom of contract” limitation on regulatory power under the due process clause both similar and different from the “takings clause” limitation on regulatory power?
Note: Respond to the following discussion questions thoroughly, in minimum 150 words for each question. Must include one credible references cited in APA for each answer. Must provide 100% original answer.
There are several constitutional limitations on government agency power in order to protect and preserve individual rights. Let us consider two of these: the freedom to contract and private property rights. Citing the text, respond to the following question: How is the “freedom of contract” limitation on regulatory power under the due process clause both similar and different from the “takings clause” limitation on regulatory power?
View The Entrepreneur Ushering in Government Transparency. Should the government make financial information available to the general public? Why isn’t there more disclosure from the government on its finances and how does the entrepreneur act as a motivator in pushing for transparency?
The issue of bias is an important consideration in administrative agencies and judicial hearings. Discuss whether it is ethical for a judge to have personal ties with someone about whom they will be making a legal decision. Consider the following questions in your response: Does professionalism offer adequate checks and balances against bias in decision making? Should judges recuse themselves from decisions involving people with whom they have a personal relationship? Since situations often depend on the specific circumstances, are there circumstances in which you think a judge should definitely recuse him or herself? Are there other situations in which you think it may not be necessary?
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Investigate and report on the rulemaking process for a government agency in your state. To get started, select a state agency (for example, one could look at the website for the Arizona Department of Health Services. You can access agency websites through a simple Google search or through your state government webpage). Then, search rulemaking or rules to find out about their process. As we know from the Federal Register activity in Week 1, publishing information online is an important means through which public agencies inform citizens of their activities. After you find state agency rulemaking information, tell us the agency, program and issue. Then address the following questions: What is the process followed? How much information is provided? Is public participation incorporated into the process? If so, how?
Find an example of an administrative sanction (such as a fine or revocation of license) that has been imposed on a business or individual for noncompliance by a government agency from a government report, news article, or other reputable source. Offer a summary of the situation and explain how the sanction fits in with the categories offered in the APA, how it fits in (or is counter to) the material in the text, and the outcome, if available.
Citing the text, discuss the rationale for judicial review and the judiciary’s role in checking and balancing the power of the other branches of government. What are the advantages and disadvantages of judicial review? Offer examples.
Affirmative action employment policies are often misunderstood. Many programs seek no more than to equalize racial or sexual balance in employment where occupational tests have little or no predictive power on job performance. Look-up one or two offices or policies of affirmative action and/or equal opportunity to see what agencies are doing in this area and report on your findings. In your response, also consider the following questions: Is there any legal or moral objection to such programs? What principles of justice, if any, support such affirmative action policies? How might an affirmative action officer shape their program to encourage a balanced mix in employment without raising claims of reverse discrimination?
In your readings issues are raised on the more recent debate of privatization (and outsourcing) of government activities to private companies. Describe what you see as some of the future implications of privatization for administrative law and public administration. Consider the following questions: Do you think it is feasible or reasonable to expect privatization of government activities to maintain the democratic ideals we expect? Do you think we should exchange some of our democratic expectations for possible efficiencies? Do you think some activities are better suited for privatization than others in light of these challenges?
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