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MMLU-Pro / 1975 / Pursuant to a newly enacted statute, Congress created a nine-member agency…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

Pursuant to a newly enacted statute, Congress created a nine-member agency empowered to promulgate rules governing air quality standards for the nation. In accordance with the statute, the President was authorized to appoint a majority of six members to the agency, and the other three positions were to be filled by the Senate. The nine members were duly appointed to the agency, and all appointees were subsequently approved in confirmation hearings. Thereafter, the agency issued the following regulations:(a) Requiring each motor vehicle operating in the United States to be equipped with a specified air/fuel control device;(b) Requiring each gas or oil furnace located in the United States to be fitted with a specified device to reduce emissions;(c) Requiring each State to establish and maintain a program under which each vehicle and each furnace shall be tested annually for compliance with federal emissions standards. Which of the following arguments would provide the strongest constitutional grounds against the authority of the statute?

category

law

options

  1. The President does not have the constitutional power to appoint members to an administrative agency without the approval of Congress.
  2. An administrative agency does not have the constitutional authority to issue regulations that directly affect the economy without the approval of Congress.
  3. The President does not have the constitutional power to appoint a majority of members to an administrative agency.
  4. An administrative agency does not have the constitutional authority to enforce regulations on private property without due process.
  5. The statute is unconstitutional because it grants too much power to a single administrative agency.
  6. An administrative agency does not have the constitutional authority to require states to supervise federal regulatory guidelines such as those enumerated in Subsection (c).
  7. The statute is unconstitutional because it does not provide for judicial review of agency decisions.
  8. An administrative agency does not have the constitutional authority to promulgate regulations that unduly burden interstate commerce.
  9. Congress does not have the executive authority to appoint members to an administrative agency.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1975
task_id
afd645ee-f337-5f5f-a354-26a650f522c8
task_key
default--test--1975
task_revision_id
1
config / split
default / test

Official source

initial import