The powers of federal administrative agencies - Next Generation Bar Exam

1. Under SEC v. Jarkesy, what does the Seventh Amendment require when an agency seeks civil penalties for securities fraud?

   A jury trial in an Article III court. The claim resembles common-law fraud, so it falls outside the public-rights exception.

2. Under West Virginia v. EPA, what is required for an agency to decide a question of vast economic and political significance?

   Clear congressional authorization. The major questions doctrine counsels skepticism toward broad claims of power based on vague statutory language.

3. Under the nondelegation doctrine, when may Congress delegate legislative authority to an agency?

   When it lays down an intelligible principle to guide the agency's exercise of discretion. The Court has rarely invalidated a delegation under this standard.

4. A statute lets either house of Congress, by resolution, overturn an agency's decision to grant a license. On what ground is the provision unconstitutional?

   It is a legislative veto that bypasses bicameralism and presentment. Chadha requires Congress to act through the full legislative process to alter legal rights.

5. Under INS v. Chadha, what is the status of a legislative veto of executive action by one house of Congress?

   It is unconstitutional. Legislative action requires bicameral passage and presentment to the President.

6. Under Clinton v. City of New York, what is the status of a statute letting the President cancel parts of enacted laws?

   It violates the Presentment Clause. A line-item veto lets the President amend or repeal statutes unilaterally.

7. Under Bowsher v. Synar, what may Congress not do regarding officers who execute the laws?

   Retain the power to remove them, other than by impeachment. Congress may not control the execution of the laws it enacts.

8. Under CFPB v. Community Financial Services Association, what is the status of the CFPB's funding through Federal Reserve draws?

   It satisfies the Appropriations Clause. Congress authorized the funding source and purpose by law, which is what the clause requires.

9. Under Whitman v. American Trucking Associations, how did the Court treat a delegation to set air quality standards 'requisite to protect the public health'?

   As providing a sufficient intelligible principle. The Court held the standard comparable to others it had upheld.

10. What matters may Congress assign to agencies for adjudication without a jury under the public-rights exception?

    Matters historically decided by the political branches, such as revenue collection, immigration, and public benefits. Private-rights claims resembling common-law actions must be heard by Article III courts with a jury where required.

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