Congress to constrain agencies

Which of the following is NOT a way for Congress to constrain agencies?

 

 

 

 

 

Appropriations authority

 

 

 

 

 

Appointment of Administrators

 

 

 

 

 

Enforcement Discretion

 

 

 

 

 

Agency design

 

 

 

 

 

Which of the following is NOT a way for the President to control agencies?

 

 

 

Enforcement discretion

 

 

 

 

 

Guidance documents

 

 

 

 

 

Centralized Regulatory Review

 

 

 

 

 

Detailed Legislation

 

 

 

 

 

Which of the following Presidential powers requires the advice and consent of the Senate?

 

 

 

Veto Power

 

 

 

 

 

Appointment Power

 

 

 

 

 

Authority to “faithfully execute” laws

 

 

 

 

 

Foreign relations power

 

 

 

 

 

Which of the following is NOT a way that Congress can restrain an agency through its design?

 

 

 

Limiting the agency’s authority to engage in rulemaking 

 

 

 

 

 

Restricting the agency head’s term in office

 

 

 

 

 

Requiring agency heads to be fired only for “good cause”

 

 

 

 

 

Putting members of the White House on relevant Boards or Commissions

 

 

 

 

 

In the FDA Tobacco Case, the Supreme Court held that the FDA is authorized to regulate nicotine.

 

 

 

True

 

 

 

 

 

False

 

 

 

 

 

Which of the following is most consistent with the FDCA’s definition of a “drug”?

 

 

 

Only articles intended for treatment, cure, or prevention of a disease

 

 

 

 

 

Articles intended to affect the structure of any function of the body

 

 

 

 

 

Articles that give an unnatural “high”

 

 

 

 

 

Stimulants, depressants, painkillers and hallucinogens

 

 

 

Which of the following was NOT part of the Supreme Court’s reasoning in the FDA Tobacco Case?

 

 

 

The FDA had repeatedly asserted that it lacked jurisdiction

 

 

 

 

 

The substance of Congress’s regulatory scheme was incompatible with FDA jurisdiction 

 

 

 

 

 

Congressional intent supported allowing FDA to regulate nicotine

 

 

 

 

 

The statute’s reference to “safety” did not support FDA regulation

 

 

 

 

 

Which of the following was NOT part of the dissent’s reasoning in the FDA Tobacco case?

 

 

 

Congress passed subsequent legislation addressing the health effects of nicotine/tobacco

 

 

 

 

 

The Act’s language, purpose, and history all support FDA regulation 

 

 

 

 

 

The majority’s reliance on later legislative history was unpersuasive 

 

 

 

 

 

The FDA’s reasons for changing course were justified

 

 

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