NSU The Constitutional Context in US Public Administration Discussion Questions

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1.  The US constitutional separation of powers was designed well before federal administration became central to how the national government now operates. Some other countries have adopted new constitutions to deal with the rise of large-scale administration (i.e., “the administrative state”). By contrast, the United States has tried to “retrofit” the administrative state into the constitutional design. If you could make any three changes to the separation of powers to improve control over administration by the president, Congress, or both, what would they be? Why?

2.  Do you think governmental benefits, such as welfare and civil service jobs, should be treated as “new property” and protected by constitutional procedural due process? In your view, what are the pros and cons of new property theory?

3.  Do you think constitutional equal protection interpretation should apply strict scrutiny to classifications based on biological sex, as it is applied to racial classifications based on race? How about to classifications based on sexual orientation? What would be the advantages and disadvantages of doing so, if any?

4.  What is the current standard for public administrators’ potential liability for committing constitutional torts? If you could change it, would you? If not, why, and if so, how?

3 additional source needed other The text Administrative Law for Public Managers, 2nd Edition Ed