Adminstrative Law , law homework help

Consider the following scenario. As you read, think about which sections might be considered constitutional or unconstitutional:

The Lee St. Neighborhood Committee, a nonprofit private organization, has been around for over 50 years. Their mission is to: “provide a safe, clean, and beautiful area for the residents of Lee St.” The committee organizes efforts to keep the streets clear of debris, to keep neighborhood watch, and to enhance the beautification of neighborhood lawns and parks. When the committee was formed, it was run solely by volunteers. However, last year, the district that includes Lee St. was declared a “Historical District” by town officials. The town legislature approved the following statute with the support of The Lee St. Neighborhood Committee:

  • Section 1: Maintenance and Rulemaking Authority: The Lee St. Neighborhood Committee shall be responsible for the care and maintenance of Lee St. The Lee St. Neighborhood Committee shall establish a Board of Commissioners to oversee its management. The Board of Commissioners may make rules necessary to the effective enforcement of this provision. In its rule making, the Board shall maintain the cleanliness, safety, and beautification of Lee St., while taking into consideration the aesthetic desires of the entire Historical District. The board shall comply with all Historical District rules, specifically, but not limited to, Christmas and lawn decorations. The board may not institute or enforce any disciplinary rules, whether new or existing.
  • Section 2: Violations of Rules: Hearings Violations of statutes can be penalized with immediate removal of violating property (i.e. Christmas lights in place after January 15) and/or a $500 fine shall be heard by administrative law judges appointed by the president of the Historical District. Such hearings shall be conducted in accordance with state and federal constitutional and statutory laws.
  • Section 3: Appeals: Appeals of final decisions by the administrative law judges provided for in section 2 shall be to the presidents of both the Historical District and the Lee St. Boards. The orders of this action are final.

Compare and contrast the three sections.

  • Which are constitutional and which are unconstitutional?
  • What scope and/or limitations were exceeded in the unconstitutional actions?

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