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US Federal Constitution QUESTION #5825
Question 1
A federal agency publishes a rule that prohibits the use of certain pesticides. A chemical company sues, claiming that Congress did not give the agency the power to regulate pesticides. The statute says the agency may 'make such rules as are necessary to protect the public health.' Is the statute constitutional?
  • No, because it violates the Nondelegation Doctrine.
  • No, because only Congress can create rules with the force of law.
  • Yes, because Congress provided an 'intelligible principle' for the agency to follow.✔️
  • Yes, because the President has the inherent power to protect public health.
Correct Answer Explanation
The 'Nondelegation Doctrine' prohibits Congress from delegating its legislative power to agencies. However, the Supreme Court has set a very low bar: as long as Congress provides an 'intelligible principle' (like 'protecting public health'), the delegation is constitutional.