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MMLU / Congress has recently enacted a statute designed to prevent price gouging of…

Problem

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question

Congress has recently enacted a statute designed to prevent price gouging of gasoline by private retail sellers. To help administer the new statute Congress created a seven-member agency, four members of which were appointed by the President, two by the Senate, and one by the Speaker of the House. The agency was authorized to issue rules interpreting regulations prescribed under existing federal law. It was also authorized to issue "cease and desist" orders after hearings against private retail sellers of gasoline who "intentionally engaged in price gouging. " In this regard, violations of the cease and desist orders were made punishable by fine and/or imprisonment. Which of the following is the strongest constitutional argument against the authority of this agency?

choices

  1. Congress may not delegate to the agency power to make interpretations of existing federal laws.
  2. Congress may not delegate to the agency power to make "cease and desist" orders, the violation of which is punishable by imprisonment.
  3. Congress may not delegate enforcement of a federal law in any governmental body other than the U. S. Attorney General or the courts.
  4. Congress may not retain the power to appoint even a minority of members of such an agency.

subject

professional_law

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Source and history

task_id
26de5973-577e-567c-911a-1380eb4df9fe
task_key
all--test--26de5973-577e-567c-911a-1380eb4df9fe
task_revision_id
1
config / split
all / test

Official source

initial import