Administartive Law

PURPOSE: To employ critical thinking to determine whether administrative law is Constitutional.

INSTRUCTIONS:

  1. Use the following hypothetical:Tree Huggers, a nonprofit private organization has existed in the U.S. for more than 100 years. The organization’s mission has remained the same for its entire existence: “to protect and maintain the natural wonder of the state.” Since its inception, Tree Huggers has enlisted volunteers to maintain hiking trails, improve roads that provide access to trails, and to act as “watchdogs” for violations in Big Tree Park. When Tree Huggers began its efforts, Big Tree was not a park, but 10 years ago, the area was designated a state park.Recently, the state legislature enacted the following statute with the support of Tree Huggers:Section 1. Park Maintenance and Rulemaking Authority
    Tree Huggers, Inc., shall be responsible for the care and maintenance of Big Tree Park. Tree Huggers shall establish a Board of Commissioners to oversee its management of the park. The Board of Commissioners may make rules necessary for the effective enforcement of this provision. In its rule making, the Board shall preserve the natural state of the park to the greatest extent possible while taking into consideration the recreational and aesthetic desires of the park users. The board shall not permit any commercial use of the park, specifically, but not limited to, mining and logging. The board may not establish penal rules.Section 2. Violation of Park Rules: Hearings
    Violations of state misdemeanor penal statutes that can be punished with no more than one year of imprisonment and/or a $10,000 fine, and that apply to park and wildlife areas, shall be heard by administrative law judges appointed by the president of Tree Huggers. Such hearing shall be conducted in accordance with state and federal constitutional and statutory laws. Felony violations shall continue to be heard by state trial judges.Section 3. Appeals
    Appeals of final decisions by the administrative law judges provided for in section 2 shall be to the Board of Commissioners established in Section 1. The final orders of the Board of commissioners are final and unreviewable.
  2. Answer the following questions in a 2-3 page paper:
    1. Is Section 1 Constitutional? Explain your answer.
    2. Is Section 2 Constitutional? Explain your answer.
    3. Is Section 3 Constitutional? Explain your answer.

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