Using the I-R-A-C Structure answer the following questions First read: Recently, an energy drink company called Nuklear Energy released a new beverage called “Nuklear Meltdown Blast.” Upo
Using the I-R-A-C Structure answer the following questions
First read:
Recently, an energy drink company called Nuklear Energy released a new beverage called “Nuklear Meltdown Blast.” Upon its release, “Nuklear Meltdown Blast” stirred some national controversy about consumer safety due to its purportedly high sugar and caffeine content. In response to the controversy, Congress passed an amendment to the Nuclear Power Act (over a presidential veto) that inexplicably directed the Office of Nuclear Energy (ONE), an agency housed under the umbrella of the Department of Energy, to “tackle the Nuklear Energy problem by any means necessary.” Congress gave no other directive in the new law regarding how or why ONE was to accomplish its new task. Generally, the ONE is statutorily empowered under the Nuclear Power Act to improve the safety, cost, security, and efficiency of nuclear power plants and nuclear energy generation in the United States, while the regulation of food and drink safety has historically been left to agencies with relevant expertise like the Food and Drug Administration. The ONE is authorized to issue heavy fines against any nuclear power generating company that does not comply with safety standards and other regulations to ensure optimal nuclear energy generation. To “tackle the Nuklear Energy problem,” ONE finalized a regulation
Questions:
Which of the following analysis paragraphs best utilizes the facts of the scenario and appropriately applies them to the rule at issue?
answer choices
A. While the Supreme Court of the United States has historically upheld very broad congressional delegations of regulatory power to administrative agencies, the “by any means necessary” language used in its intelligible principle to the ONE is seemingly limitless, and does not constrain the ONE in its regulatory objectives at all. In this case, Congress directed the ONE to “tackle the Nuklear Energy problem by any means necessary,” and provided no further guidance or purpose in regards to how or why the ONE should approach its regulatory directive. It is true that sugar and caffeine are subject to government regulation, but they are not illegal substances. The new ONE rule mandating that all caffeine and sugar be removed from “Nuklear Meltdown Blast” seems to be overbroad as no other beverage company is prohibited from including safe levels of sugar and/or caffeine in their products. The limitless nature of the delegation is truly apparent in the parts of the ONE rule that purport to impose exorbitant fines and draconian prison sentences on Nuklear Energy and its staff for failing to comply with the rule.
B. The Supreme Court of the United States has not found Congress to have violated the Non-Delegation Doctrine since the Hot Oil and Sick Chicken cases in the 1930’s. Based on the decades that have gone by since the Court has invalidated an intelligible principle for being too broad, Congress’s delegation of power in this case is likely constitutional.
C. The powers given to ONE to regulate Nuklear Energy and its beverage products are perfectly congruous with its traditional authority to regulate U.S. power plants and nuclear energy generation in the interest of safety, cost, security, and efficiency. Nuclear power plants produce nuclear energy. The Nuklear Energy company produces beverages like “Nuklear Meltdown Blast” that also provide energy in a drink form. Congress has lawfully passed the Nuclear Power Act amendment over presidential veto, and energy regulation is important enough to allow ONE whatever tools it needs to keep Americans safe.
D. The $10 million dollar fine and the mandatory 20-year prison sentences for Nuklear Energy staff are unconstitutional. The per-can sold fine is exorbitant, and likely violates Eighth Amendment principles protecting people from the imposition of excessive fines. For example, if Nuklear Energy manages to pull most of the cans off shelves before the deadline, but happens to miss one store where just 100 cans are sold post-deadline, then the company would be subject to a $1 billion dollar fine. Similarly, the mandatory prison terms likely violate the Eighth Amendment’s prohibition against cruel and unusual punishment. The rule imposes strict liability on Nuklear Energy staff for the sale of even one can after the deadline. If one can is sold, then the rule appears to mandate that all Nuklear Energy staff will have to serve a 20-year prison sentence. As safe levels of caffeine and sugar are legal, and some staff would have not done anything wrong personally, the prison term seems cruel and unusual. Additionally, the rule seems to impose these 20-year prison terms without the constitutional protections of a trial.
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