Best Answer
Constitutional law is one of the two most important types of law for anyone in the legal field to understand. The United States legal system is derived from a combination of a common law tradition and constitutional law. The common law tradition helps people understand the legal norms that are not expressly outlined in the Constitution or by legislation, while the Constitution places limits and guidelines on the rights and duties that can be governed by the law. This is true with administrative law, which specifically addresses the laws related to various government agencies. This is especially true when considered in the context of due process. Some topics to consider are:
Are administrative agencies constitutional since they delegate law making power to executive agencies that are outside of the legislative branch?
Although an executive agency, does the Department of Justice have the freedom to act against orders by the executive branch, particularly the White House?
Does the Constitution authorize the creation of new agencies, and, if so, by whom- the executive or the legislative branches?
Would the judicial branch have the power to create or manage agencies?
What is the difference, if any, between a governmental agency and a department? Does the leadership by someone in a Cabinet position, which requires Senate approval, change how they are administered?
In light of calls for his Cabinet to use the 25th Amendment on Donald Trump and the fact that many of his department heads are acting officials, not Senate-approved officials, would administrative law change how the 25th Amendment could be used in this scenario?
What impact has the APA had on how federal agencies are run and could agency-specific legislation change that for one agency, but not others?
What are the similarities and differences in the levels of judicial review established for administrative agencies in Chevron U.S.A., Inc. v. NDRC, 467 U.S. 837 (1984); Auer v. Robbins, 519 U.S. 452 (1997); and Skidmore v. Swift, 323 U.S. 134 (1944)?
Should federal government employees be subject to discipline for “political” activities occurring outside of work if those activities encourage resisting the government?
Would the people running the “alt” government accounts for various federal agencies during the Trump Administration be protected under whistleblower statutes?
