Posted: August 31st, 2015

Administrative Law.

Short Essay #1

� Review the Federalist Papers 10 and 51 by James Madison and write an essay on how you
think the modern administrative bureaucracy fulfills or contradicts the kind of
constitutional republic Madison is arguing for in those papers.

�Write an
essay in which you analyze and compare the authority of government agencies to
take or to refrain from discretionary action as described in Heckler v.
Chaney and Reno v. American-Arab Anti-Discrimination Committee.
In one case, the Court upheld the discretionary decision of an agency not to
act, and in the other it upheld the agency’s discretionary decision to take
action. In both cases, considerable constitutional rights were at stake, life,
and liberty. Assuming that courts will not generally intervene in such actions,
what rules should agencies abide by to make sure they are not exercising their
discretion in a dictatorial manner?

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