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.
Yes, because the law does not include clear instructions or criteria for the agency when implementing rules.
Yes, because agencies rely on clear statutory guidance from Congress to regulate commerce effectively.
No, because courts have upheld broad legislative language as long as Congress provides an intelligible principle for guiding the agency’s actions.
The nondelegation doctrine prohibits Congress from transferring its legislative powers to other branches of government without providing an 'intelligible principle' to guide discretion. The correct answer highlights that courts have historically upheld legislative delegations containing broad but sufficient standards, such as 'necessary and appropriate,' which have been deemed to meet the intelligible principle standard. An incorrect answer misstates or overstates the requirements for specific guidance from Congress or incorrectly assumes overly restrictive limits on Congress's delegation authority.
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