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Exam 5: Delegation

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Question 1

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In Schechter Poultry Corp.v.United States and Panama Refining Co.v.Ryan,the U.S.Supreme Court invalidated two delegations created by Congress during the Great ____ to confront the serious economic crisis quickly.

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Question 2

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Article III judges are nominated by the Senate and approved by the president.

A) True
B) False

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Question 3

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Peretz v.United States established that:

Which of the following is likely to be ruled unconstitutional?

The nondelegation doctrine has less applicability in matters of ____ affairs than it does in domestic affairs.

Matching: -Matching:Match the case name in Column 1 to the holding of the court in Column 2.

In Panama Refining Co.v.Ryan,the U.S.Supreme Court upheld the validity of the National Industrial Recovery Act of 1933 (NIRA)created during the Great Depression.

It is constitutionally permissible,if the sole purpose is a delegation of legislativeauthority,to transfer the authority to hear a common law claim to a non-Article IIIcourt.

Which of the following is an Article III judge?

A delegation of quasi-judicial authority to a private agency is more likely to bepermitted by the courts than is a delegation of quasi-legislative authority.

De novo means:

Explain three ways how a delegation by Congress may violate the U.S.Constitution.

In Doe v.Bush,the court stated that the nondelegation doctrine had less applicabilityin matters of foreign affairs than it does in domestic affairs.

Magistrates may not be delegated the authority to make final determinations in pretrialmatters without the consent of the parties.

In which of the following was a Congressional delegation of authority found improper?

In the case _____,the First Circuit Court of Appeals rejected a challenge to President George W.Bush's decision to wage war on Iraq.

If a right did not exist under the common law,Congress may delegate theadjudication of that right to an agency.

Congress may delegate the adjudication of public rights to non-Article III courts.

Explain why the U.S.Supreme Court invalidated delegations created by Congress during the Great Depression to confront the serious economic crisis.Cite at least one case to support your answer.

The _____ principle is the doctrine that requires Congress to provide agencies with legitimate,comprehensible guidelines to limit the authority of the agency whenexercising delegated rulemaking authority.