WA Bar Practice Questions - Washington Bar Examination (NextGen UBE) Exam

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A statute delegates to a federal agency the power to issue regulations 'in the public interest.' A party challenges the statute as an unconstitutional delegation of legislative power. Under modern nondelegation doctrine, how do courts generally treat such delegations?

Courts routinely strike them down as unconstitutional Courts generally uphold them so long as Congress provides an intelligible principle to guide the agency Courts ignore the issue entirely Courts require a unanimous vote of the agency

Correct Answer:

Courts generally uphold them so long as Congress provides an intelligible principle to guide the agency

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