Crucial Exams

Multistate Bar Examination Practice Question

Congress passes a law creating an administrative agency to regulate internet commerce. The law instructs the agency to 'implement rules to promote fair competition and encourage innovation, which it deems necessary and appropriate.' A tech company challenges the law, arguing that it violates the Constitution by failing to provide specific guidance to the agency. Is this law likely to violate the nondelegation doctrine?

  • No, because Congress has the authority to delegate its powers to administrative agencies under the Necessary and Proper Clause.

  • No, because courts have upheld broad legislative language as long as Congress provides an intelligible principle for guiding the agency’s actions.

  • Yes, because agencies rely on clear statutory guidance from Congress to regulate commerce effectively.

  • Yes, because the law does not include clear instructions or criteria for the agency when implementing rules.

Multistate Bar Examination
Constitutional Law
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