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∙ 14y agof
Anonymous
Techinically, no. Federalism deals with the vertical structuring of power within the US government. Non-delegation doctrine is rooted in the Separation of Powers (5th grade civics on checks & balances). Separation of Powers and Federalism issues are often confused because Sep of Powers deals with horizontal separation of powers (i.e., what authority the legislature has that the executive or judicial do not) where Federalism deals with the vertical separation of powers (i.e., whether the Fed has the constitutional authority over a matter or if it is something that is purely a state issue). The non-delegation doctrine basically holds that the executive branch cannot perform legislative functions but there's a lot of grey area there... if you look at the Treasury Dept or the SEC (securities and exchange commission), for example, they both perform quasi-legislative functions but are part of the executive branch. The basic reason why these two executive agencies (and many more!) do not violate the non-delegation doctrine is due to the degree of oversight that Congress has over them and the role Congress plays in appointments and removals of key personnel within these organizations. I hope that answers your question.
What kind of functions does a "posse comitatus" perform
Yes
refusal to work or perform
those perform by the will and are not bodily externalized.
Breach of contract is a failure to perform or follow through with an obligation. A breach of contract can be grounds for a lawsuit against the guilty party.
In legal terms, an 'obligation' binds someone to perform or 'do' a certain thing. (e.g.: a contract forms on obligation on the part of the buyer and the seller to perform in certain ways. A court order will obligate someone to do or act in specific fashion.)
Perform work punctually
Not necessarily. Morals are, by definition, more subjective than the law. You may have a moral obligation to do something for which there is no legal punishment available at all. Maybe you have a moral obligation to give your children presents as your money may permit, but there is no legal obligation to give them more than the necessaries, even if you are filthy rich. In other cases you may have a moral obligation that merely creates a separate and distinct legal obligation. For example, you may have a moral obligation to perform services on a contract, but you cannot be physically forced to actually perform. The only "legal obligation" would be to pay for damages caused by your failure to perform, if any. Therefore, even if there is a legal obligation stemming from such a moral obligation ("you gave your word"), they are not the same obligation.
Delegation of Control Wizard
Black's Law Dictionary(8th) personal obligation. 1. An obligation performable only by the obligor, not by the obligor's heirs or representatives. 2. An obligation in which the obligor is bound to perform without encumbering his or her property for its performance.
A conditional obligation is an obligation that is only triggered if a certain condition or event occurs. This means that the obligation to perform or fulfill the duty is dependent on the specified condition being met. If the condition is not satisfied, the obligation may not need to be fulfilled.
delegation of control wizard
Medicare may not pay for the service. Delegation of Duties Health care delivery by proxy is an area that medicaid and medicare set traps on billing. Even though a paraprofessional can legally perform a given service under the terms of a state's medical practice act, it does not mean that Medicare will pay for the service.
Delegation is assigning a task to an individual to complete. Normally with delegation instructions and expectations on the completion of the task is either communicated or understood. Empowerment is entrusting an individual with the authority to make their own decisions on when and how to perform a task or complete a task without having to be instructed. Good employers use both delegation and empowerment with employees. Usually, more delegation is used with new employees or new individuals in new positions, but as an individual becomes more experienced in their work or position delegation is used less frequent and empowerment used more.
It is vital to distinguish the assignment of rights from the delegation of performance of duties. An obligee's transfer of a contract right is known as an assignment of the right. By an assignment, the obligee as assignor (B) transfers to an assignee (C) a right that the assignor has against an obligor (A). An obligor's empowering of another to perform the obligor's duty is know as a delegation of the performance of that duty. By a delegation, the obligor as delegating party (B) empowers a delegate (C) to perform a duty that the delegating party owes to an obligee(A). However, no particular language is necessary for an effective delegation of performance. Thus, the parties may not observe the distinction between the terms assign and delegate, and language by which one purports to "assign" one's duties may suffice to effect a delegation.
There are several ways that you can keep track of a person who is delegated to perform daily duties, the first being a log book to record who came to conduct the daily duties. Another way would to be create a login program for the duties with unique IDs and Passwords for each person.