Bar Exam Uniform Quiz
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CONSTITUTIONAL LAW
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Congress, concerned about cybersecurity threats to critical infrastructure, enacts the National Digital Security Act. The Act creates a new agency, the National Cybersecurity Agency (NCA), headed by a single director. The statute grants the NCA authority to 'promulgate any and all regulations necessary to ensure the security and integrity of the nation's digital networks.' The Act provides no further definitions or limitations on this authority. Pursuant to the Act, the NCA issues a rule requiring all internet service providers to install specific, government-designed monitoring software on their servers. A provider challenges the rule in federal court.
What is the provider's strongest constitutional argument that the NCA's enabling statute is invalid? Select one.
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