Study Questions for Law and Public Policy (P
Abstract
This essay encompasses individual research on Public law questions answered on a nutshell. Every title is a directive on independent questions answered and have no or minimal relation to other titles.
Introduction
Question 1: The legislature, executive and the judiciary are the main foundation of the American government. The House of Representatives, the senate and two houses of congress form the legislature. Every citizen in America has to adhere to the laws and policies formulated by the Legislature. The Executives come up with development goals and policies for the entire nation. The Judiciary decides on civilian, political and constitutional disputes.
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Question 2: The Executive has the powers to formulate and push for development policies, declare war or state of emergency and push for reforms within the constitution. However, the President is elected once after a four-year term and is liable to re-election for another four years only. Within the judiciary, the president appoints Federal who Judges serve for life. Federal judges can declare a proposed law unconstitutional. Within the legislature, Senators go elected for years, representatives two and congress any number of years.
Question 3: The founding fathers of America never wanted a centralized system of running the country. The devolution of power to various arms of government enabled checks to control dictatorship. This form of governance is Federalism.
Question 4: Bicameralism is the state of having two levels of representatives like in congress there is the House of Representatives and the senate.
Question 5: Federalism is a form of government where political power is devolved to different arms of governance so as to prevent a dictatorship form of government. Federalism ensures that no agency is above the law and the leaders are liable to checks and balances.
Question 6:The various expressed powers to congress as in Article 1, section eight of 1789, The Civil rights Act of 1964, The amendment of social security Act to Medicare in 1965, The war powers resolution of 1973
Question 7: The bill of rights provides every American citizen fair privileges with regard to human rights. These amendments include; the fourteenth, ninth, fifth, fourth, third and first amendment.
Question 8: There are institutions that affect the activities of the three branches of government and included in the American constitution. They include the Media, interest groups like special interested corporate individuals, Administrative agencies and others like Freemasons. These are the fourth branch of government.
Question 9: The roots of this theory originate before the American Revolution and even written down by John Locke (1690) and Wayman v. southland (1825).Today the principle is valid and applicable in almost all democratic constitutions.
Question 10: The constitution in its definition of the presidency as listed in article two has no provision of a presidential cabinet. However, it does provide the president with options for recruitment of personnel from executive branches for professional assistance.
Question 11: Executive branches are the main authoritative arms of government while independent agencies like The Peace corps are under government executive interests. The independent agencies operate both locally and overseas in facilitating American interests and influence.
Question 12: The notion that more populated states have more members makes the house of make laws that are more favorable than states with lower populations. This brings a conflict of interest of the highest order between the majority and minority.
Question 13: Administrative law is a branch of public law that deals with how various activities of different governmental and non-governmental institutions. Areas in manufacturing, immigration, internal and international trade, environment and broadcasting have different approaches and hence cannot have the same regulatory rules. The different regulatory rules bring different procedural laws.
Question 14: The house of congress limits its scope of law making by focusing on the already made independent agencies like the FDA regulation for food. Issues arising from civilian lawsuits and suggestions made by Regulatory Federal Agencies contribute to a great deal the kind of attention that the house of congress focuses on.
Question 15: Any agency can alter or make its own laws that are contradictory to congress laws. However, oversight is achieved through specialized committees, legislative hearings and appropriations. On the other hand, the constitution does not grant congress the power to carry out inquiries or access of data from the executive. These powers are only implied by the constitution.
Question 16: Traditionally the presidential oversight committee conducts frequent investigations and reports back to the president on milestones achieved and challenges facing public agencies. Following the establishment of Public Company Accounting oversight Board in 2002 pubic auditors are now monitored by this body.
Question 17: The agency drafts its policies and hands over to EPA for possible amendments and final rule to determine whether the regulation is feasible. The endorsed law then codified in the code of Federal Regulations and becomes a national law.
Question 18: The American constitution grants the federal court powers to render any agencies regulation unconstitutional.
Question 19: The judicial standards are determined by the Judicial Standard Commission.
Question 20: Informal rule making reduces the liability of an agency laws to be nullified by the court since they can be changed quickly.
Question 21: Informal adjudication is preferable since disputes are negotiated without going through the court system.
Question 22: According to the Freedom of Information Act, every agency is supposed to make a summary of its activities to the American public at least once a year. If any agency violates this rule, it is liable for penalties.
Question 23: The requisite process is where a civilian can push for the enforcement of an agencies regulation through the federal court system.
Question 24: Statutes at large are the sources of the primary law exercised by congress while the United States code is the inclusion of all Federal law that govern every state.
Question 25: A Federal Register is the official documentation of the federal Regulations passed while the codes of Federal Regulations are the actual laws that govern a certain agencies regulations.
Question 26: Any American civilian can sue the government officer on the grounds of professional misconduct or direct assault made by the officer.
Question 27: The Federal regulations code of ethics requires that every government employee uphold the human rights, have high integrity and conduct their activities to the best professional standards.
Question 28: California regulatory agencies follow the Federal procedures as the core basic rules but can include special terms and conditions for certain regulations within California.
Questions 29: California courts do review any agencies regulation just as Federal courts review the Federal agency regulations.
Question 30: The California constitution accords every citizen of California the same rights as the United States constitution accords all the citizens of America. However there are minor tax differences within California than in other states.
Question 39: As on June 2012 Chief Justice Roberts in agreed to the expansion of healthcare in every state but insisted on the powers of the State to option the expansion of medical care without losing the former heath initiatives.
Question 40: Under the California family code two people over the age of eighteen are qualified for a domestic settlement or marriage.
Question 41: The California code 877143-877163 comprise of twelve heavily detailed regulations on education within California.
Question 42: as on October 2012, the court of appeal found west Washington Properties guilty of Federal advertisement violation.
Question 43: The statutory authority for the United States Bureau of Mines is included in the United states Department of labor.
Question 44: The occupational safety and health standards for commercial diving operations are fond within the United States Coast guard regulations.
Questions 45: The regulations for the Tennessee Valley Authority re found within the States Geographical code.
Conclusion
The constitution is the mother of all laws within a democratic country. The American constitution was the first revolutionary idea that inspired the revolt of oppressed societies around the world. Given the efficiency of the American agencies in providing services to the people, America has become one of the most powerful countries in the world and more likely to survive if it maintains its transparent democratic constitution. The creation of public and private departments is made on the basis of the constitution. On the other hand determining if a regulation is constitutional or unconstitutional has proven to be a differing debate among federal Judges due to the ambiguous nature of the law language. Therefore more amendments on the constitution need to be considered in order to clarify the conflict between the evolving present lifestyle and the old legal language.
References
Kaplan GED (2010 Edition) Civics and Government p 194 and p 196 ISBN=1419552503 retrieved from www.books.google.com
Eric Patashnik (2004), The Building of Democracy. Houghton Mifflin Company. ISBN 0-618-17906-2.
Ralph A Rossum, Professor G Alan Tarr (2009), American constitution ISBN=0813391636 retrieved from www.books.google.com
Kevin B. Smith and Michael J. Licari (2006), Power and Politics in the Fourth Branch of government ISBN = 1-933220-04-X
Tim McNeese (2001) The U.S Constitution p55 ISBN=0787704555
Davis, Kenneth Culp (1975). Administrative Law and Government
Robert Longley (2013), Federal Regulations retrieved from www.usgovinfo.about.com
CRS (2001) Report for Congress 97-936 retrieved from www.wikipedia.org
www.epa.gov/lawsregs/basics.html
Supreme Court Health Care Ruling (2012), The Mandate Can Stay. Retrieved from www.wikipedia.org
