Scenario: You are a legislative aide to a state legislator who wishes to introduce legislation creating a new state department of drug enforcement. It is intended that, among other authorities, this new administrative agency will have authority to establish a list of controlled drugs, establish rules regarding penalties for possession or use of controlled drugs, establish a process for adjudicating cases involving violators of the rules, and enter into contracts with a private agency or agencies to establish and manage a system of one or more incarceration facilities to which violators of these rules may be sentenced upon a finding of guilt.
In your paper be sure to address the following:
- Identify and analyze any delegation issues. State any assumptions you make in your analysis.
- What recommendations would you make to ensure that this legislation will not be found to be an improper delegation of authority?