2007 - 2008
Syllabus

Lesson 4. Scope and Limits of Government Authority

In the previous lesson we examined the basic nature and sources of the authority held by government agencies in the field of environmental health. In this lesson we will examine how that authority is exercised, and the scope of and limits to government powers.

Authority, without the means of exercising or enforcing it, is meaningless. In our system, the mechanism for putting that authority into operation lies within the government. We will first look at the basic structure of government in our society and then focus our attention on the distribution of power, or authority, within that structure

Lesson Objective

The objectives for this lesson are that you should:

1. Be able to determine the specific source of authority for a given regulatory program; and,
2. Understand the scope and limits of the specific regulatory authority granted for a given environmental program.

Lesson Assignment

1. Grad: Chapter 4 -- Public Health Law Enforcement and the Bill of Rights, pp. 39-65.
2. Grad: Chapter 5 -- Restrictions of the Person, pp. 66-94.
3. Buck: Chapter 3 -- The Public Policy Process, pp. 28-52.
4. Readings:
• Reading #8 - Rollins v. Iberville Parish, 317 So.2d. 1127 (1979).
• Reading #9 - Carey v. Town of Westmoreland, 415 A.2d. 333 (1980).
• Reading #10 - Yaffee v. City of Ft. Smith, 178 Ark 406 (1928).

Lesson Outline

1. Institutionalization of Legal Authority
   1. Federal Government
      • Division of powers
      • Separation of Powers
      • System of Checks and Balances
   2. State Governments
   3. Local Governments
2. Delegation of Governmental Powers
   1. Nature of Government Powers
   2. Sources of Government Powers
   3. Delegation: Process and Effect
3. Limits to Delegated Powers
   1. Constitutional
   2. Statutory
   3. Common Law
   4. Judicial Review
      • Due Process
      • Equal Protection

Key Points

References / Additional Readings

1. Gellhorn E, Levin RM. "Potical Controls Over Agency Actions", Chapter 2 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 35-72.
2. Gellhorn E, Levin RM. "The Scope of Judicial Review", Chapter 3 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 73-123.
3. Hanlon, John J. and George E. Pickett, "Government and Public Health", Chapter 9 in Public Health Administration and Practice [3rd Ed.], The C. V. Mosby Company, St. Louis, 1983, pp. 142-170.
4. Summers, Robert S. and Charles G. Howard, Law: Its Nature, Function, and Limits [3rd. Ed.], Prentice-Hall, Englewood Cliffs, 1972, pp. 23-67.
5. McCarthy, David J., Chapter III.B. Regulation of Land Use, Local Government Law in a Nutshell [2d. Ed.], West Publishing Co., 1983, pp 155-199.
6. Currie, David P., Chapter 1. Congress, the Courts and the Constitution, Federal Jurisdiction in a Nutshell [2d. Ed.], West Publishing Co., 1981, pp. 4-44.
7. U.S. v. New York, 436 U.S. 617 (1978)
8. Dept. of Environmental Quality v. Chemical Waste, Storage and Disposal, Inc. 19 Ore 712 (1974)..

Progress Assessment Exercise

When you are confident that you understand the concepts in Chapter 1, please proceed to Chapter 2. Legal Tools