Roles Played by the Legislative, Executive, and Judicial Branches - Term Paper Example

? Law Law Section I Question Roles played by the legislative, executive and Judicial Branches The American government comprises of three branches namely, legislative, executive and judicial. These branches play an integral role towards the regulatory process. The judicial branch interprets and enforces the law in a fair and impartial approach allowing the administration of justice (Zelden, 2007). This branch comprises of judges who perform their tasks independently without interference from other branches. Unlike the president, judges are appointed. They can work for an unlimited number of years allowing them to refrain from political pressure. Moreover, the constitution prohibits slashing of judges’ salaries implying that neither the executive nor the legislature can threaten to demote these judges. Although the American constitution binds all courts, the judicial branch has the authority to construe the law. Courts are dependable for making the eventual choice regarding the law. Additionally, the judicial branch has the authority to consider all actions of the executive and legislative branch and deem any action that breaches the constitution as void (Zelden, 2007). Therefore, the judicial branch enjoys power called judicial review and uses it sparingly. The role of the executive branch is enforcing the law, with the president being the head (Neubauer, 2011). The president must swear to protect the country’s constitution before taking office. This branch comprises of the president and all other individuals that fall within the president’s purview such as appointees and administrative agencies. However, the president can neither establish legislation nor intrude the legislative branch. The legislative branch makes the country’s laws. Moreover, the American congress vests all legislative powers and comprises of a senate and House of Representatives (Little& Ogle, 2006). Apparently, the congress’ role within the government is legislation. Additionally, statutes refer to laws enacted by the congress. Apparently, the American constitution grants the congress the authority to make laws. Question 2: Theories behind administrative agencies Administrative agencies undertake diverse government functions such as making rules (Beermann, 2010). Regulations refer to rules made by the named agencies and assist in monitoring the activities of individuals governed by the agency and agency’s employees. Another function of these regulations is ensuring consistent law application. One theory behind administrative agencies is collective action theory. Apparently, this theory seeks to comprehend how individual groups have the ability to cooperate, with an intention of overcoming social dilemmas and assumes self-interest as the default position. A behavioral technique to joint action initiates with this argument; individuals have evolved the ability to learn cooperation standards and social regulations that have enhanced group success. Apparently, individual actions depend largely on social context. An example to illustrate this theory is organizing a demonstration because it entails considerable collective action. Therefore, administrative agencies enact regulations that they deem as the legislative intent The free market theory stipulates that in an unregulated environment, supply and demand naturally attain equilibrium, thereby achieving maximum social good. Generally, this theory implies that despite existence of misunderstandings amid two parties, they will still reach a compromise. An example to illustrate this theory is conflict resolution. Apparently, for both parties to reach a common understanding, both parties need to give their verdict regarding the issue. Similarly, administrative agencies propose regulations and allow interested parties to give their verdict. The fairness and redistribution theory advocates for fair justice to all individuals. It says that individuals advocate for fair rights and equivalent distribution of benefits. An example to illustrate this theory is court ruling. The law specifies that every individual must get a fair hearing. Similarly, administrative agencies are responsible for exercising many judicial practices and observe the right of fair hearing. Section 2 Question 1 The EPA agents have the right to fine and jail sky walker for failing to adhere to regulations. EPA posted in their website that any individual who manufactures a coffee table after the date regulation could face a fine of five thousand dollars per table and ensure that he spends ten days in jail. Since skywalker sold five coffee tables, he would have to part with twenty-five dollars as the fine for failing to adhere on the regulations. However, if a regulatory body develops any regulatory measures and individuals decide to violate the terms, they could be face dire consequences (Rossi, 2005). Skywalker cannot resist paying the fine because EPA stated that after July 11, any individual caught violating the terms would have to face the consequences. Apparently, skywalker sold five coffee tables after the effective date. He could not blame the agents for their swift action because they had given a grace period of nine days after which strict action would follow any violator. Therefore, skywalker cannot evade jail because he broke the law. 2 Apparently, skywalker can sue EPA and challenge the regulation because he would say that EPA did not communicate the regulation in time. This would give him time to oppose the regulation. Moreover, EPA did not communicate the regulation extensively and decided to pass the regulation through their website. Instead, EPA should have opted to pass the regulations using a medium that would reach sky walker quickly. Entrepreneurs spend long hours in their job to ensure that their business succeeds. As a result, they lack sufficient time to visit the website to look for any new information posted by the body. However, the regulation would mean an end to skywalker’s entity because the regulation would ban manufacture of these tables. This would prompt Skywalker to sue the regulatory body seeking for compensation because they passed a quick regulation that did not reach him quickly. Additionally, the grace period allowed was not sufficient to allow skywalker reorganize himself on the alternative to take. The court would support Skywalker because congress had not reviewed the possible effects of the regulation to businesses. Therefore, skywalker had every right to sue EPA. Sensitive regulations need proper communication and sufficient grace period to allow individuals reorganize themselves on which step to undertake if the regulation threatens an entity (Rossi, 2005). 3 Although skywalker has sufficient claims to sue, EPA would present several defenses to defeat skywalker’s case. EPA is a government regulatory agency meaning that individuals should follow the regulation without question. This is because the organization was trying to guarantee the safety of coffee drinkers. EPA would try to defeat skywalker’s case by indicating that it had properly communicated the regulation by posting the information on the website. Moreover, EPA would say that skywalker was reluctant to determine new information. Instead, he should have visited the website to learn new regulations. Additionally, EPA would indicate that they did not receive any complain from the public regarding the regulation. Therefore, skywalker should have communicated his grievances before the enactment of the regulation through the adjudicatory department. References Beermann, J. M. (2010). Administrative law. New York, NY: Aspen Publishers. Little, T. H., & Ogle, D. B. (2006). The legislative branch of state government: People, process, and politics. Santa Barbara, Calif: ABC-CLIO. Neubauer, D. W. (2011). America's courts and the criminal justice system. Belmont, CA: Wadsworth Cengage Learning. Rossi, J. (2005). Regulatory bargaining and public law. New York: Cambridge University Press. Zelden, C. L. (2007). The judicial branch of federal government: People, process, and politics. Santa Barbara, Calif: ABC-CLIO. Read More