Discuss why it is challenging for some agencies to enforce regulations and why it may be easy for other agencies to enforce regulations.

  • 1. Agency power combines the executive and legislative powers with respect to rule making and the legislative and judicial powers with respect to adjudication. Pick two agencies and compare and contrast the power each agency has in enforcing the regulations they are asked to uphold. Discuss why it is challenging for some agencies to enforce regulations and why it may be easy for other agencies to enforce regulations.
  • 2. Evaluate Bring v. North Carolina State Bar. Apply the court’s ruling on delegation to another situation of your choice to determine at what point delegation should stop.
  • 3. It has been stated, “Judicial review is concerned, not with the decision, but with the decision-making process.” Take a position on whether it should or should not be true. Support your position with examples or evidence.
  • 4. Imagine a Libertarian is voted into the White House at the next presidential election. Speculate what this could do for any agency’s judicial review process.

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