The holding in Crowell v. Benson (1932) that Congress may delegate the adjudication of public rights (individual v. government) to non-Article III tribunals while the adjudication of ___ rights (individual v. individual) had to be made by Article III courts is a distinction that continues to present day.
Congressional delegation can violate the Constitution when Congress
delegates ___ ___ of its authority to an agency.
Congressional delegation can violate the Constitution when the delegation gives one branch oversight or control over an agency that is performing the ___ of another branch.
The Supreme Court has determined that the prohibition against denying equal protection of the laws is applicable to the federal government implicitly through the ___ Amendment's Due Process clause.
The ___ relationship test only requires that a government action bear a ___ relationship to a legitimate or lawful government objective. (Discussing how the Court applied this test in Romer v. Evans (1996) would be a good essay question.)
In Panama Refining Co. v. Ryan (1935) and Schlecter Poultry Corp. v. United States (1934) (informally known as the hot oil and sick chickens cases) the Court held that where there is no ___ stated in the statute guiding the agency’s regulation-making, the Congressional delegation is an unconstitutional delegation. (Describing the facts behind these cases and the Court's exact holdings would be a good essay question.)
The procedural due process right to a fair hearing often involves questions of whether assistance of counsel must be allowed, where the hearing will be held, what type of hearing will be held, and ___ the hearing will be held, i.e. whether it must be predeprivation or whether postdetermination is sufficient.
Laws or other government actions reviewed under the rational basis test are ___ likely to be upheld than laws or other government actions reviewed under the strict scrutiny test.
The ___ Amendment provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws."
It is increasingly common for governments to contract ___ private agencies. This practice is often called “privatization” of public services. (Describing the arguments for and against privatization would be a good essay question.)
In Gundy v. United States (June 20, 2019) the Supreme Court held that the Sex Offender and Notification Registration Act's (SORNA) delegation of authority to the United States ___ does not violate the nondelegation doctrine.
Under the nondelegation ___, (sometimes called the delegation ___) a delegation of legislative authority is constitutional so long as Congress establishes the fundamental legislative policy and only "gap filling" is left to the agency.
The substantial relationship ___, also known as intermediate scrutiny, requires that a regulation (or other government action) bear a substantial relationship to an important government interest.
Congress can ___ executive, legislative, and judicial authority to an agency.
Procedural due process generally includes the right to notice and to a fair ____.
Under the “___ principle” doctrine, Congress must provide agencies legitimate, comprehensible standards or guidelines limiting agency authority when exercising delegated rulemaking authority.
The rights to life, liberty, ___, free speech, religious freedom, freedom of the press, and the right to vote are all examples of fundamental rights.
Congressional delegation can violate the Constitution when it delegates its own ___ functions or an ___ function of the judiciary to an agency.
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