Administrative Law
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Imagine that you are speaking to one of the U.S.A.'s founding fathers and he wants to speak to you about the current federalist form of government.
In the dialogue, you should discuss the following topics with the founding father:
Explain the roles of the various branches of government, their administrative functions, and their structural and political characteristics.
Contrast both exclusive federal and state powers.
Describe the role courts play in determining the nature of federal-state relations.
Discuss the recommendations you have to improve or maximize the efficiencies of the federalist representative form of government.
What criticisms of the current state of federal-state legal relations would the founding father bring forward?
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Solution Summary
This 1371 word solution provides a detailed guide for producing a project involving hypothetical legal discussion with one of the American founding fathers regarding the roles of the branches of government.
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Administrative Law
The Federalist Representative Form of Government
The first thing that you should do when approaching this problem is to decide which founding father you would like to use in your discussion. This will help you to more accurately determine what his point of view would be on the current state of the federalist representative form of government as well as whether he feels that this form of government have evolved in the right direction over time.
• For this example, I will use founding father Thomas Jefferson.
• Jefferson's Philosophy - Thomas Jefferson often supported decentralized power. This may be in large part because he did not want the power that Great Britain formerly had over the colonies to be reenacted by a strong and overly dominate federal government. In fact, the founding fathers were often weary of the federal government becoming too powerful and sought to protect states' rights. This may be important to understanding the tone of the founding father's opinions on the federalist representative form of government that the United States has today.
o "Jefferson believed that each man has "certain inalienable rights". He defines the right of "liberty" by saying, "Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others..." A proper government, for Jefferson, is one that not only prohibits individuals in society from infringing on the liberty of other individuals, but also restrains itself from diminishing individual liberty. Jefferson and contemporaries like James Madison were well aware of the possibility of tyranny from the majority and held this perspective in their implication of individual rights..... Jefferson took it further than most. Jefferson held that not only are all men are created equal, but they remain equal throughout their lives, equally capable of love as an attractive force. Their level of dependence makes them unequal in practice. Removing or preventing corrupting dependence would enable men to be equal in practice Jefferson idealized a future in which men ...
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