MIDTERM EXAMINATIONS: DELEGATION LAW
QUESTION 1
Congress enacted the Bee Pollen Act. The act created the Bee Pollen Advisory Committee. The act stated that the President had the authority to appoint a Director of Bee Pollen, with the requirement that the director have at least seven years’ experience in the bee pollen industry or be a licensed plastic surgeon with five years’ experience in the use of bee pollen to combat aging (more specifically, wrinkles). The director would be appointed to terms of seven years and could only be removed for cause. The director was also given the authority to establish rules for harvesting bee pollen, overseeing the manufacture of bee pollen products, and licensing bee pollen professionals. Does the Bee Pollen Act violate separation of powers? Explain your answer.
QUESTION 2
Congress created the Safe Schools Act, which authorized the Attorney General (the person in charge of the Department of Justice) to enact regulations pertaining to the possession of handguns in public schools. The Attorney General was required to report the effectiveness of the regulations to Congress in an annual report. The report was required to list all gun-related school incidents, the results of the incidents, the actions taken by the schools, and the cost of all measures used to reduce gun-related issues in schools. Does the Safe Schools Act violate separation of powers? Explain your answer. 
QUESTION 3
The city of Lexington, North Carolina created the Bureau of March Madness to encourage appreciation for basketball, particularly college and high school teams in North Carolina. The mayor of Lexington was empowered to appoint a Director of March Madness, who would serve a five year term. The director was empowered to “promote college and high school basketball through the city of Lexington by sponsoring basketball-themed events.” The mayor appointed Terry Mercer as the Director of March Madness and she began sponsoring events. A community basketball team wished to have a free throw contest and asked the Bureau of March Madness to sponsor it. Ms. Mercer declined to sponsor it, finding that the “event was not designed to promote high school or college basketball.” What type of discretion did Ms. Mercer use in making her decision? Did Ms. Mercer abuse her discretion? Explain your answer.
QUESTION 4
The Animal Control Agency (ACA) of Leland, a city, enacted a regulation requiring all owners of poodles to “maintain their poodles” by requiring them to have their dogs groomed at least once a month. The rule also stated that all poodles should be groomed by “poodle grooming experts” and that a list of qualified poodle groomers would be posted on the city’s website at all times. If a complaint was made against a poodle owner, the poodle owner would receive a formal letter explaining the nature of the violation and be given a date for a hearing before the ACA. The owner would then be required to appear before the agency and present the poodle for inspection. If the poodle was not properly groomed, the ACA would fine the poodle owner and if necessary confiscate the poodle and have the poodle groomed properly (at the owner’s expense). Perry Nunn owns a poodle (named Pierre) and recently received a poodle citation for not maintaining his poodle. Mr. Nunn believes that the ACA’s poodle grooming regulation is unconstitutional. Does the regulation violate the due process provisions of the United States Constitution? Does the regulation violate the equal protection provision of the United States Constitution? Explain your answer.
QUESTION 5
Dr. Cecil Grandview has been employed by Burton University (a state university) as an English professor for ten years. Although Burton University does not grant tenure to its faculty, Dr. Grandview has been given a continuing contract (rather than an annual contract, which was used by Burton University during the first five years Dr. Grandview was employed there). Dr. Grandview has been promoted twice by Burton University. Recently, Dr. Burton and his supervisor (Dr. Hall, a vice president of the university) have disagreed about Dr. Grandview’s curriculum. On November 1, 2017, Dr. Grandview was notified that his contract would be terminated on June 30, 2018. The letter also stated that Dr. Grandview could appeal the termination by sending a letter to Dr. Hall. On November 15, 2017, Dr. Grandview sent a letter to Dr. Hall asking for an appeal to be scheduled. Yesterday, Dr. Grandview received a letter from Dr. Hall stating that no appeal was possible and indicating that Dr. Grandview’s termination was final. Did Burton University violate Dr. Grandview’s due process rights? Explain your answer. 
QUESTION 6
Congress enacted the Consumer Protection Act, which states, “The Director of Consumer Products has the authority to adopt rules and regulations, after an opportunity for a hearing on the record, concerning the safety of all products marketed to children between the ages of twelve and sixteen.” Do these rules or regulations need to be enacted formally? Explain your answer.
QUESTION 7
Congress created the Department of Homeland Security (DHS). The enabling statute stated that the Secretary of Homeland Security had the responsibility to “access, receive, and analyze law enforcement information, intelligence information, and other information in order to (A) identify and assess the nature and scope of terrorist threats to the homeland; (B) detect and identify threats of terrorism against the United States; and (C) understand such threats in light of actual and potential vulnerabilities of the homeland.” Does the statute violate the delegation doctrine? Explain your answer.
QUESTION 8
What is the significance of Panama Refining Co. v. Ryan (the hot oil case) and Schechter Poultry Corp. v. United States (the sick chicken case)?
QUESTION 9
The United States Congress enacted the Homeland Security Act stating, “The Secretary of Homeland Security shall be vested exclusively with all authorities to issue regulations [rules] relating to the granting or refusals of all visas for citizens of foreign countries. Prior to the granting or refusal of visas, the Secretary shall issue factual findings related to the danger posed by granting visas.” What type of rulemaking is required to enact the rules? Explain your answer.
QUESTION 10
Congress enacted the “Designer Drugs Act.” It stated that attorney general must classify “new or designer drugs” as illegal substances, requiring that the attorney general should consider four factors in determining whether to criminalize a drug: (1) ease in obtaining access to the drug, (2) the addictive nature of the drug, (3) the drug’s potential for abuse, and (4) the ingredients of the drug. On May 1, 2018 the attorney general classified “Utopia” as an illegal drug. On July 3, 2018, Becky Tate was arrested for manufacture and sale of “Utopia.” Her attorney believes that Congress unlawfully delegated legislative authority to the attorney general because the “Designer Drugs Act” permits the attorney general to enact or modify existing statutes. Is the delegation of authority to the attorney general an unconstitutional delegation? Explain your answer. 