Federal court review of agency action

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Questions

1. Instances of a "one-house" veto process implicates which constitutional requirements?

Bicameralism and presentment

Due process

Spending power

None of the above

2. If Congress passes a law that mandates the appointment of some members of Congress to the overseeing board of an agency that supervises, directs, and oversees a local airport, the most likely result upon judicial challenge would be:

Valid as an exercise of the spending power

Valid because Congress has the power to regulate modes of interstate travel

Invalid due to the incompatibility clause

None of the above

3. Which of the below is not generally a source of federal court review of agency action?

The agency's enabling act

Federal question jurisdiction (28 U.S.C. § 1331)

Federal diversity jurisdiction

None of the above

4. Which of the following best describes the current state of the nondelegation principle?

Congress cannot delegate any legislative authority

Congress can delegate if it provides an intelligible principle

Congress can only delegate powers that it does not have expressly

None of the above

5. Which of the below best describes the public interest theory approach to agency regulation

Regulation can be a desirable way to prevent externalities, suboptimalities, and otherwise increase the most public benefit or welfare

Regulation is a byproduct of the political process and reflects current political power dynamics

Regulation reflects structuring of the market which could not be done in a true free market

None of the above

6. Which of the below is generally not a source of administrative law procedure?

The Constitution

The APA

Common law

International law

Reference no: EM133474773

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