How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jane T (LLC) Your Own Question

Jane T (LLC)
Jane T (LLC), Former straight A Student - Now Mom
Category: Homework
Satisfied Customers: 8435
Experience:  Degrees in Eng., econ; JD (law), MBA, former valedictorian & winner of academic scholarship
2911261
Type Your Homework Question Here...
Jane T (LLC) is online now
A new question is answered every 9 seconds

Does Congress delegate too much power to federal administrative

Resolved Question:

Does Congress delegate too much power to federal administrative agencies? Do the courts defer too much to Congress in its grant of power to those agencies? What are the alternatives to the agencies that we encounter in every facet of our lives? Discuss and support your answer with appropriate examples.
Submitted: 3 years ago.
Category: Homework
Expert:  Jane T (LLC) replied 3 years ago.

Jane T (LLC) :

The Constitution specifically indictes that Congress is the legislative body of the government and, as such, is the only body that can create laws. The Courts, however, have the power of ensuring Congress acts within the law and that its laws are constitutiona. Therefore, the Courts have the power and duty to correct Congressional actions when they violate the law. However, Congress, due to the express and implied powers provided in the Constitution, has the ability to delegate specific authority for the efficient management of laws and programs. This is why it delegates power to the federal administrative agencies. Further, given the fact that the leaders of these agencies have the specific knowledge necessary to write the regulations that enforce the broaders laws Congress writes. If Congress failed to do this it would need to hire aviation experts (for the FAA's job), scientists (for the FDA's job), and so on. This would lead to a massive Congressional body and be less efficient to operate. In the current system each agency focuses on only one single area and body of laws, making its work more direct, better informed, and more effective. The courts do not defer too much to Congress in this area for, under the Constitution, it is Congress's sole judgment as to what to defer and how to defer. For the court's to deny Congress this power would be, as many claim, for the court to "write law" and unconstitutional action on the court's part. Alternatives to these agencies are difficult to think of. The only other alternative would be a massive number of Congressional offices with each senator and member of house responsible for a specific area of law, similar to the committees they have now, which serve to write the laws, write the regulations needed to enforce the laws, and a reporting agency to investifgate and prosecute violations of the laws. For example, this is the way Congress handles issues of treason - directly. This process would stop the regular work of Congress and, if Congress had to do this for all federal laws it writes, it would soon be unable to do anything but enforce, investigate, and prosecute violations of its laws. Indeed, the Ken Starr report investigation took nearly a year to complete, as an example.

JACUSTOMER-ouva8vtk- : Thanks.
Jane T (LLC), Former straight A Student - Now Mom
Category: Homework
Satisfied Customers: 8435
Experience: Degrees in Eng., econ; JD (law), MBA, former valedictorian & winner of academic scholarship
Jane T (LLC) and 9 other Homework Specialists are ready to help you
Customer: replied 3 years ago.

For Jane -

Can you help me with another problem? I notice that you have already answered it for someone else but the file is unavailable at mediafire. I am willing to pay extra for it.

Customer: replied 3 years ago.

For Jane -

Can you help me with another problem? I notice that you have already answered it for someone else but the file is unavailable at mediafire. I am willing to pay extra for it.

The question is as follows:

 

 

Rebecca Businesswoman had been searching for a job since graduation. She interviewed with a large firm, and they made her an offer for employment starting at an annual salary of $50,000. Taking the job meant that Rebecca would have to move a considerable distance, leaving her friends and family behind. Before accepting, Rebecca asked for reassurances that the firm would keep her for at least two years, making it worth her while to move. During the phone call, the firm did tell her that she was highly qualified and they would love her in their employ for at least two years if not more! Rebecca, as diligent as she is, wrote the following letter:

Dear Big Firm:

Thank you for your time and interest in my professional pursuits. Although it will be hard leaving my friends and family and moving to a new city, I am looking forward to working with you. I have decided to accept your offer for $50,000.00 per year commencing on May 1, 2007. I understand per our conversation that my employment will at least be for a two-year period.

Signed,

Rebecca Businesswoman

Although things went well for eight months at the new firm, Rebecca was terminated on January 1, 2008. Rebecca sued for wrongful termination and breach of employment contract. Big Firm has asserted the Statute of Frauds as a defense. Does Rebecca have a viable suit for breach of contract? Does the Statute of Frauds apply to any purported contract? Was there a contract created between Rebecca and Big Firm?

 

 

 

Prepare an interoffice memorandum to your supervising attorney that answers the following questions:

  • 1. Does Rebecca have a viable suit for breach of contract? Why or why not?
  • 2. Does the Statute of Frauds apply to any purported contract? If so, which one and why?
  • 3. Was there a contract created between Rebecca and Big Firm? Why or why not?

Be sure to support your analysis with cites to applicable case law and other scholarly legal authority.

Expert:  Jane T (LLC) replied 3 years ago.

Hi,

 

I am sorry, but I cannot provide that answer on this question.

 

 

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Manal Elkhoshkhany

    Tutor

    Satisfied Customers:

    4520
    More than 5000 online tutoring sessions.
< Last | Next >
  • http://ww2.justanswer.com/uploads/BU/BusinessTutor/2012-2-2_115741_Kouki2.64x64.jpg Manal Elkhoshkhany's Avatar

    Manal Elkhoshkhany

    Tutor

    Satisfied Customers:

    4520
    More than 5000 online tutoring sessions.
  • http://ww2.justanswer.com/uploads/LI/lindaus/2012-6-10_04811_IMG20120609164157.64x64.jpg Linda_us's Avatar

    Linda_us

    Finance, Accounts & Homework Tutor

    Satisfied Customers:

    3121
    Post Graduate Diploma in Management (MBA)
  • http://ww2.justanswer.com/uploads/ComputersGuru/2010-02-13_051118_Photo41.JPG LogicPro's Avatar

    LogicPro

    Engineer

    Satisfied Customers:

    3035
    Expert in Java C++ C C# VB Javascript Design SQL HTML
  • http://ww2.justanswer.com/uploads/lanis/2009-4-1_233717_phput9xef_c1pm.jpg Lani S.'s Avatar

    Lani S.

    Tutor

    Satisfied Customers:

    2457
    Registered Nurse, Internet Researcher, Private Tutor
  • http://ww2.justanswer.com/uploads/chooser77/2009-08-18_162025_Chris.jpg Chris M.'s Avatar

    Chris M.

    M.S.W. Social Work

    Satisfied Customers:

    2341
    Master's Degree, strong math and writing skills, experience in one-on-one tutoring (college English)
  • http://ww2.justanswer.com/uploads/JawaadAhmed/2009-6-27_12137_SIs_SHadi.jpg F. Naz's Avatar

    F. Naz

    Chartered Accountant

    Satisfied Customers:

    1975
    Experience with chartered accountancy
  • http://ww2.justanswer.com/uploads/JK/jkcpa/2011-1-16_182614_jkcpa.64x64.jpg Bizhelp's Avatar

    Bizhelp

    CPA

    Satisfied Customers:

    1873
    Bachelors Degree and CPA with Accounting work experience