Is it lawful or legal? Describe the guideline that a public officials must follow to determine whether an action is permissible by law and make examples and reference the author and year?

Public officials must follow the rule of law to determine whether an action is lawful or legal. This means that they must adhere to the constitution, statutes, regulations, and judicial decisions that govern their actions. They must also consider ethical principles and standards of conduct in making decisions.

One guideline that public officials must follow is the principle of legality, which requires that all actions be authorized by law. This means that public officials cannot act arbitrarily or without legal authority. They must have a legal basis for their actions, such as a statute or regulation that grants them the power to act in a certain way.

For example, in the case of United States v. Nixon (1974), the Supreme Court ruled that President Nixon's claim of executive privilege was not absolute and that he was required to comply with a subpoena for tapes and documents related to the Watergate scandal. This decision demonstrated the principle that even the President is not above the law and must follow legal guidelines in his actions.

Another guideline that public officials must follow is the principle of due process, which requires that individuals be given notice and an opportunity to be heard before their rights are infringed upon. This means that public officials must provide a fair and impartial process for making decisions and must consider all relevant evidence and arguments before taking action.

For example, in the case of Goldberg v. Kelly (1970), the Supreme Court ruled that individuals have a right to a pre-termination hearing before their welfare benefits can be cut off. This decision demonstrated the importance of due process in protecting individuals' rights and ensuring that public officials act in a lawful and fair manner.

In conclusion, public officials must follow the rule of law, including the principles of legality and due process, to determine whether an action is permissible by law. By adhering to these guidelines, public officials can ensure that their actions are lawful, fair, and in accordance with legal and ethical standards.

Lawful and Legal

"Lawful" and "legal" are often used interchangeably, but there are subtle differences between the two terms.

- Lawful: Conforming to or permitted by the law.
- Legal: Authorized or allowed by law.

In general, an action that is lawful is also legal, but not all legal actions are lawful. For example, a law may allow for a certain action to be taken under specific circumstances, but those circumstances may not be present in a particular case, making the action unlawful despite being legal.

Guidelines for Public Officials

Public officials must follow certain guidelines to determine whether an action is permissible by law. These guidelines include:

- Statutes: Laws passed by legislative bodies, such as Congress or state legislatures. Statutes are the primary source of law in the United States and must be followed by all public officials.
- Regulations: Rules promulgated by government agencies to implement and enforce statutes. Regulations have the force of law and must be followed by public officials.
- Case law: Decisions made by courts that interpret statutes and regulations. Case law can be used to clarify the meaning of laws and provide guidance to public officials on how to apply them.
- Ethical guidelines: Codes of conduct that public officials must adhere to. These guidelines may be established by law, by government agencies, or by professional organizations.

Examples

- Example 1: A public official may be authorized by a statute to issue a permit for a certain activity, but only if the applicant meets specific criteria. If the applicant does not meet the criteria, the public official cannot issue the permit, even though the statute authorizes the issuance of permits.
- Example 2: A regulation may prohibit public officials from engaging in certain activities, such as accepting gifts from constituents. If a public official violates this regulation, they may be subject to discipline or even legal action, even though the activity is not specifically prohibited by statute.
- Example 3: A court may rule that a statute is unconstitutional. This means that the statute is no longer valid law and cannot be enforced by public officials.

Reference

- Aronson, R., & Siegelman, P. (2010). _Legal Obligations of Public Officials_. New York, NY: Aspen Publishers.