A city Housing Authority operates city owned rental property. The Housing Authority issued the following regulation:” ‘Family' means a number of individuals related to the nominal head of the household or to the spouse of the nominal head of the household living as a single housekeeping unit in a single dwelling unit, but limited to the following: (a) Husband or wife of the nominal head of the household. (b) Unmarried children of the nominal head of the household or of the spouse of the nominal head of the household, provided, however, that such unmarried children have no children residing with them. (c) Father or mother of the nominal head of the household or of the spouse of the nominal head of the household. (d) Notwithstanding the provisions of subsection (b) hereof, a family may include not more than one dependent married or unmarried child of the nominal head of the household or of the spouse of the nominal head of the household and the spouse and dependent children of such dependent child. For the purpose of this subsection, a dependent person is one who has more than fifty percent of his total support furnished for him by the nominal head of the household and the spouse of the nominal head of the household. (e) A family may consist of one individual." Mary Jones lives in the city together with her son, Dale Jones, Sr., and her two grandsons, Dale Jr. and John Jones, Jr. The two boys are first cousins rather than brothers. Mary Jones received a notice of violation from the Housing Authority, stating that John was an "illegal occupant" and directing her to comply with the ordinance. When she failed to remove him from her home, the city filed a criminal charge. What defense can Mrs. Jones raise to the charge? Explain your answer.
The other boy is a dependent too just like Mary’s son living with her. She cannot be compelled to move away from her house because of that. Additionally, the criminal charges against her are invalid considering the fact that a tenant has autonomy over the people living under his/her house under US law. The housing authority can only press criminal charges for other reasons.
The principle that the U.S. Supreme Court can declare whether a law is contrary to the Constitution is know as:
Answer is A
The Environmental Protection Agency issued a press release indicating that it will in the future require new pollution control devices on all factories. An environmental group immediately files suit to invalidate the regulations. This suit is:
What are federal magistrate judges? Give some examples of what kinds of cases they might hear and how they are different from state court judges.
A federal magistrate judge refers to a judge who is stipulated by law to serve in a district court in the US. They are given duties by the district judges from the districts they serve in. They are allowed to preside over some stages of federal proceedings, apart from criminal felony charges.
The difference between federal magistrate judges and state court judges is that federal magistrate judges are presidential appointees, who may serve up to a lifetime in office while the state court judges are mostly elected. State court judges are very distinguished judges who have served on different capacities on the bench before and therefore are another stint for a a given period of time.
What provisions of the Constitution give the president the power over agencies? There are five
- He is the Chief Executive of the government and all its agencies –Section 2 defining Presidential Powers
- Law enforcement powers
- Legislative powers
- Commander-in-chief of the armed forces
- Recognition and appointment powers
Governors have power over agency regulations if the regulations have to do with issues of the state; for instance, some regulations on clemency of criminals in a state.
What are executive orders, and why are they important to the president's power over administrative agencies?
This refers to a directive which is issued to any federal agency, heads of departments of the government, or federal employees by the President. These orders are under the statutory and constitutional powers of the President of the US.
They are important because it allows presidents to manage operations in the executive branch of the government. It also allows them to perform constitutional or statutory responsibilities. Finally, it allows them to manage operations of agencies and officials of those agencies. These orders bypass the normal law making processes and the US Congress when issued.
Compare and contrast the power of the President versus the power of Congress over activities of federal agencies. Give details and examples. The Supreme Court defined that the Congress has some authority but have no constitutional authority of insulating federal agencies and top government officials from the control of the president.
Congress sets up the agencies as stipulated by the constitution but the agencies can be independent or under the powers of the president’s administrative powers.The presidency and the Congress, however, are expected to work together to ensure authorizations from both sides go through and are made into law. Looking at the relationships President Clinton had with the Republican dominated congress, it is clear that both institutions can work together.
Using the three tests of equal protection analysis, read the following actions of an administrative agency and state the constitutional test that a court would use to analyze the agency action: A state liquor control agency regulation allows men to apply for a state liquor license at age 25 but women can apply at age 21.
Using the three tests of equal protection analysis, read the following actions of an administrative agency and state the constitutional test that a court would use to analyze the agency action: A city housing authority institutes an affirmative action plan that requires that 30 percent of all contracts must be awarded to minority groups.
