Administrative Authority
Question 1: Administrative Authority The Constitution defines the powers of the executive, legislative, and judicial branches. In Article I of the Constitution, the Delegation Doctrine states that the three branches cannot delegate these powers. For instance, according to the Delegation Doctrine, the legislation cannot delegate law-making functions to non-legislative bodies, such as administrative agencies. But what are law-making functions? How does the court interpret these functions? In the readings this week, you take a closer look at the Delegation Doctrine and how the courts have interpreted it. Then you consider the impact of the Delegation Doctrine and the court’s interpretation of it on the authority of agencies to execute statutes or legislation passed by Congress. Understanding what the legislative branch (i.e. – Congress), can delegate to administrative agencies is particularly important because some statutes passed down by Congress are vague and ambiguous. In these instances, administrative agencies must interpret or determine what Congress meant, and based on this, prescribe rules to carry out the statutes.
To prepare for this Discussion:
- Review the assigned pages of Chapter 3 of the course text, Administrative Law and Politics: Cases and Comments. Think about how the Delegation Doctrine impacts the authority of administrative agencies to execute statutes.
- Review Chapter 4 of the course text, Administrative Law and Politics: Cases and Comments. Focus on the issues that sometimes occur when vague statutes are given to administrative agencies to execute. Pay particular attention to cases and outcomes regarding vague statues.
- Review the course media, “ Administrative Agencies–Authority and Enforcement,” thinking about the implications that result when administrative agencies do not receive the proper resources from Congress to execute statutes (eg. flexibility, financially, staffing, direction, etc…)
- Reflect on the impact of the Delegation Doctrine on the authority of administrative agencies to execute statutes.
- Reflect on your thoughts as to whether Congress and the president should provide specific direction to administrative agencies about the execution of statutes.
With these thoughts in mind:
Post by Day 4 an explanation of how the Delegation Doctrine impacts the authority of administrative agencies to execute statutes. Be specific and use examples to illustrate your explanation. Then explain your thoughts as to whether Congress and the President should provide specific direction to agencies about the execution of statutes. Be specific.
Course Text: Harrington, C. B., & Carter, L. H. (2015). Administrative law and politics: Cases and comments (5th ed.). Washington, DC: CQ Press.
- Chapter 3, “The Constitutional Authority of Agencies” (pp. 84-94)
- Chapter 4, “The Statutory Authority of Agencies”
- Chapter 9, “Enforcement of Administrative Policy”
Question 2:
As with most concepts presented in this course, there is no one best way to design a research project. This is also true with sampling designs. The focus should be on selecting the most appropriate design for your research project. This choice depends on the purpose of your research.
If you are interested in generalizing results to a larger population, you will need a representative sample. Representative samples require probability types of designs. If you are not interested in generalizing results and are in the very early exploratory stages of research, non-probability designs will probably suffice.
For this Discussion, review this week’s Learning Resources. Consider the research question you identified in Week 3 and the most appropriate way to construct a sampling design to answer this research question. If you are using the Virtual Community of New Harbor for your previous Discussions and Assignments, review the “New Harbor, Delaware Sampling Background” document. Select a sampling design you think is most appropriate for your research project.
Post by Day 3 a brief description of the sampling design you selected for your evaluation. Explain why this sampling design is the most appropriate for your evaluation, listing its benefits and limitations. If you used the New Harbor Virtual Community, post a brief description of the sampling design that would work best for the candidate that you selected (e.g., Mayor Samuel Taylor, Councilmember Alec Coppel, or Candidate Mary Davenport). Please refer to the “New Harbor Sampling Background” document for more information on each of these candidates.
READINGS
- Johnson, G. (2014). Research methods for public administrators (3rd ed.). Armonk, NY: M. E. Sharpe.
- Chapter 10, “Sampling Demystified” (pp. 145–161)
- McCauley, C. (2012). Testing theories of radicalization in polls of U.S. Muslims. Analyses of Social Issues and Public Policy, 12(1), 296–311.
Retrieved from the Walden Library databases. - Lee Abbott, M., & McKinney, J. (2012) Learning from populations: Censuses and samples. InUnderstanding and applying research design. Hoboken, NJ: John Wiley & Sons.
- Silver, N. (2012). Which polls fared best (and worst) in the 2012 presidential election? New York Times, November 12, 2012. Retrieved from http://fivethirtyeight.blogs.nytimes.com/2012/11/10/which-polls-fared-best-and-worst-in-the-2012-presidential-race/?_r=0
- Gallup.com. (2013). How does Gallup polling work? Retrieved fromhttp://www.gallup.com/poll/101872/how-does-gallup-polling-work.aspx
- Document: New Harbor, Delaware and sampling designs (PDF)
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