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written in the third person. Make assertions, supported by sound legal and other relevant evidence, in logical and organized responses which directly and fully answer each question presented.
1. State Legislature has enacted a law that prohibits the hunting of deer in the State. In addition to this prohibition, the statute creates a new state agency, the Bureau of Deer Preservation (BDP), which is to oversee enforcement of the law, including adjudicating and fining violators. Is the BDP a social welfare or a regulatory agency? Explain your answer.
1. CRITICAL THINKING AND APPLICATIONS PROBLEMS
2. Two years later, State Legislature amends the law in response to public opinion, directing the BDP to establish a system of deer hunting during specified periods of time, whereby each would-be hunter must apply and pay for a hunting license. In addition, the agency is directed to set the maximum kills allowed per hunter each year, after considering the deer population and other factors. As before, the BDP is delegated the responsibility to enforce the law. The revenues derived from this system are to be distributed to “qualified indigent persons” to purchase food. In the alternative, “qualified indigent persons” may request a waiver of the licensing fee and kill limit so that they may hunt deer to be used as food. Is the BDP a social welfare or a regulatory agency? Explain your answer.
3. Identify two factors discussed in the chapter that have contributed to the growth of the administrative state. For each factor, discuss whether you expect the factor to continue to fuel growth. Explain your answers fully.
2. CRITICAL THINKING AND APPLICATIONS PROBLEMS
Answer questions 1 and 2 using the following scenario: Congress creates a statute, the Biotechnology Review Act. Three sections of this law read:
Section One: The Biotechnology Review Board (BRB)
The BRB shall consist of seven commissioners. The term of appointment for each commissioner shall be seven years. Each commissioner shall be nominated by the president and confirmed by the Senate. The commissioners may be removed by the president with the concurrence of the Senate in cases of malfeasance, incompetence, or neglect of office.
Section Two: Jurisdiction and Mandate
The BRB shall conduct research into biotechnological issues, including genetic engineering, as they concern the health and safety of food products. The jurisdiction of the BRB over these matters is exclusive. The BRB shall have the authority to: (1) issue cease-and-desist orders to producers of biologically altered foods that pose a threat to the health and safety of the public; (2) hear claims and issue damage awards to individuals who have been harmed by biologically altered foods; and (3) promulgate regulations necessary to carry out numbers 1 and 2 above.
Section Three: Congressional Oversight
All regulations promulgated by the BRB shall be presented to the clerk of the House of Representatives. The House may amend or repeal any rule promulgated by the BRB.
1. Is the appointment and removal provision constitutional? Explain your answer.
2. Is the congressional oversight provision constitutional? Explain your answer.
3. Do you believe the independent counsel law violates the separation of powers? Explain your answer.
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