The final project for this course is the creation of a case analysis of Gonzales v. Oregon. The final product represents an authentic demonstration of competency because it will provide you with real-world application of administrative law, linking theoretical law with real-life and practical application, putting you in the shoes of an attorney or lawmaker. The project is divided into two milestones, which will be submitted at various points throughout the course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Three and Five. The final product will be submitted in Module Seven. In this assignment, you will demonstrate your mastery of the following course outcomes: · Analyze the history and sources of administrative laws for their impact on the modern application of the laws · Determine the constitutionality of governmental actions by analyzing fact patterns of opposing federal and state Supreme Court arguments · Assess the impact of administrative rules and regulations on businesses and individuals · Determine Administrative Procedure Act principles and foundational administrative law theories that apply to fact patterns in administrative law issues Prompt Analyze the Gonzales v. Oregon case to determine if the action taken by the federal government was within its congressional power or not. Specifically, the following critical elements must be addressed: I. Introduction: To begin, you will summarize the regulation created by the federal government and identify the source of power the federal government is using to substantiate its proposed regulation. A. Summarize the administrative regulation created by the federal government and the history behind the regulation. Why was the regulation created? B. Identify the source of law that the federal government is using to support its regulation, justifying your identification. C. Draw connections between the source of the law and the regulation, providing specific examples for how the source of law supports the modern application of the regulation. II. Case Analysis: In this section, you will analyze the facts presented in the case scenario, specifically analyzing the arguments of both the state and federal governments, as well as assessing the impact of the regulation on individuals and businesses. This analysis of the arguments presented and the assessment of the impacts of the regulation will inform your conclusion as to the constitutionality of the federal regulation. A. Describe the controversy presented before the court, substantiating your description with evidence from case. How are the federal government and state government in conflict? B. Describe the argument the state could make to limit the applicability of the federal regulation, substantiating your conclusion with evidence. C. Identify the source of law the state could use to substantiate its argument, justifying your identification. D. What argument could the federal government make to uphold the regulation? Substantiate your conclusion with evidence. E. What case law and judicial precedent could the federal government use to argue that the regulation impacts commerce? Justify your identifications. F. Assess the impact the federal government’s regulation could have on individuals, substantiating your assessment with evidence. How could this regulation impact an individual’s freedom? How might this regulation positively or negatively impact the general public? G. Assess the impact the federal government’s regulation could have on businesses, substantiating your assessment with evidence. How might this regulation positively or negatively impact businesses? For example, the regulation may grant businesses certain freedoms or provide restrictions. III. Adjudication Process and Theory: In this section, you will discuss the adjudication process as well as theories used by both the federal and state governments in the case scenario. A. Explain the adjudication process for the state to contest the federal government’s administrative law regulation. Provide specifics around the steps involved and the specific parties involved. B. How is this appeal process grounded in Administrative Procedure Act principles? Justify your response. C. What foundational theory of administrative law is used by the federal government? Justify your determination. D. What foundational theory of administrative law is used by the state government? Justify your determination. IV. Conclusion: Determine whether or not the federal government acted within its congressional power in creating the regulation. Substantiate your conclusion with your previous analysis of the fact pattern, case law, and judicial precedent. Resources: Review the Gonzales v. Oregon case, which is the case that forms the basis for all of your work on the final project. You can access the document either through the course site or via Justia. Optional Resources: You may find additional resources (e.g., peer-reviewed articles) related to the Gonzales v. Oregon case through the SNHU Shapiro Library Criminal Justice page. From this page, you can navigate to the “Finding Articles” tab on the left menu, and search “Gonzales v. Oregon” (quotes included). Using this is purely optional and should primarily be used to guide your analysis of the case. Milestones Milestone One: Introduction In Module Three, you will submit a summary of the regulation created by the federal government through the Gonzales v. Oregon case and identify the source of power the federal government is using to substantiate its proposed regulation. This milestone will be graded with the Milestone One Rubric. Milestone Two: Analysis In Module Five, you will submit an analysis of the facts presented in the Gonzales v. Oregon case. Specifically you will summarize the arguments of both the state and federal governments, as well as assess the impact of the regulation on individuals and businesses. This analysis of the arguments presented and the assessment of the impacts of the regulation will inform your conclusion as to the constitutionality of the federal regulation. This milestone will be graded with the Milestone Two Rubric. Final Submission: Case Analysis In Module Seven, you will submit your final project. It should be a complete, polished artifact containing all of the critical elements of the final product. It should reflect the incorporation of feedback gained throughout the course. This submission will be graded with the Final Project Rubric (below).
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