Dox47 wrote:
Legalistic tap-dancing. Do you think it's right for business licenses to be granted or not granted based on the politics of the applicant, Visa?
Of course it's legalistic--this is a question of law! But it is by no means tap dancing--these are the principles that lie at the very core of Administrative Law.
Government officials, whether elected or appointed, need to be able to do their jobs. If every decision of every bureaucrat from the dog catcher all the way up to the mayor is subject to judicial scrutiny, what kind of paralysis does that create? The presumption that actions are valid is no different than any other presumption in law--actions are presumed to be legal until they are demonstrated to be otherwise.
Now I don't want for a moment to suggest that any mayor who made such a decision would be on a firm legal footing--but it depends entirely upon the statutory authority that the mayor possesses, and that will likely be different from state to state, if not from city to city.
In my view, any applicant in an administrative process should know the case that must be met, and have a fair and reasonable opportunity to make that case. So no, if I was writing the statutes, I would never confer jurisdiction upon a mayor or a mayor and council to act arbritrarily. But the question of whether I think it is right or not is entirely separate from: 1) the question whether a given mayor in a given city has the legal authority to make such a decision on an arbitrary basis; and 2) the fact that no mayor has taken any such decision.
At this point, it's all just politics--and as you well know, there is no right or wrong in politics.
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--James