What compelling governmental interests would have to exist for these laws to be sustained? How else could the government justify their enactment? How could the laws be modified so as not to be a deemed an unlawful seizure or taking?
Please study the following problems: Chapter 5, problems 5-16 and 5-17 and consider the following questions:
- Explain why someone would say it’s true that the commerce clause allows Congress to regulate almost anything that happens within states.
- How does the concept of a Federal Government with enumerated powers impact this?
- Read the 10th amendment and explore what role it plays.
- Should the Federal government have unlimited or limited powers in your opinion?
Did the agencies involved violate Due Process or other Constitutionally mandated safeguards? What type of evidence would the agencies need to justify their actions. How might the aggrieved parties demonstrate that the agencies were acting in an arbitrary and capricious manner? How might the agencies defend against such a charge?
Please study the following problems: Chapter 19, problems 19-13 and 19-18 and consider these questions:
- What is the relationships between procedural and substantive rules?
- What is the relationships between administrative agencies and alternative dispute resolution?
- Explain why someone might think this statement is true: Administrative agencies are not really a “fourth branch of government.”
- Explain relationships between the Freedom of Information Act (FOIA) and the Federal Privacy Act (FPA).