ADMIN LAW MC EXAM QUESTIONS
AND ANSWERS 2026 VERIFIED.
Article I of the U.S. Constitution expressly grants:
a Congress all legislative powers enumerated in the Constitution.
b The President executive powers.
c The Supreme Court (and inferior courts as established by Congress) judicial powers.
d Federal agencies legislative, executive, and judicial powers. - ANS A.
Federal agencies disrupt the traditional arboreal (three branches) model of federal governance
because:
A. Federal agencies exercise quasi-Article I powers by making policies and arguably legislating
based on authority delegated by Congress.
B. Federal agencies exercise Article II powers by executing, enforcing, and implementing the
laws passed by Congress.
C. Federal agencies exercise quasi-Article III powers by adjudicating rights and interests as well
as providing authoritative interpretations of law.
D. All of the above - ANS D. All of the above
Which is not an argument in favor of the non-delegation doctrine?
a Article I says "[a]ll legislative Powers herein granted shall be vested in a Congress of the United
States"
b Structural Argument: No Bicameralism and Presentment for Agency Legislating
c Necessary and Proper Clause
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,d Blackstone-Locke-Montesquieu separation of powers between law makers, executors, and
adjudicators - ANS c Necessary and Proper Clause
In its original formulation in 1930s, the Supreme Court asked all of the following questions on
non-delegation except:
a. whether Congress has declared a policy with respect to the subject
b. whether Congress has provided for judicial review of the executive action
c. whether Congress has set up a standard for the agency's action
d. whether Congress has required any finding by the agency in the exercise of the authority -
ANS b. whether Congress has provided for judicial review of the executive action
In the Benzene case, which Justice was least influenced by the non-delegation doctrine?
a Stevens
b Rehnquist
c Marshall - ANS C. Marshall
The non-delegation canon has been framed in all of the following ways except:
a. a doctrine that invalidates statutes as unconstitutional delegations
b. an interpretive rule that encourages courts to interpret broad statutory delegations to include
decisional criteria
c. an interpretive rule that encourages courts to interpret broad delegations more narrowly
d. a major questions doctrine - ANS a. a doctrine that invalidates statutes as unconstitutional
delegations
In Gundy, the Court:
a
upheld the statute on intelligible principle grounds
b
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, upheld the statute by invoking the nondelegation canon to narrow its scope ("how," not
"whether")
c
struck the statute down on intelligible principle grounds
d
overruled the intelligible principle approach and adopted a broader nondelegation doctrine to
strike down the statute - ANS a. upheld the statute on intelligible principle grounds
Under Justice Gorsuch's approach to non-delegation, Congress can delegate all of the following
to federal agencies except:
a. Once Congress makes policy decisions, it may delegate implementation details to a federal
agency.
b. Once Congress identifies important policy questions, it may delegate authority to a federal
agency to decide whether to regulate in those areas.
c. Once Congress prescribes rules governing private conduct, it may make the application of that
rule depend on executive fact-finding.
d. Congress may assign the executive and judicial branches certain non-legislative
responsibilities. - ANS b. Once Congress identifies important policy questions, it may delegate
authority to a federal agency to decide whether to regulate in those areas.
Under current doctrine, an agency can subdelegate:
a. Within the agency even without express statutory authorization to subdelegate
b. Outside the agency even without express statutory authorization to subdelegate
c. Both A and B
d. Same as nondelegation doctrine generally with emphasis on breadth of delegation
e. Never - ANS a. Within the agency even without express statutory authorization to
subdelegate
Which case seemed to hold that Congress cannot delegate policymaking authority to private
parties?
a. Carter v. Carter Coal Co., 298 U.S. 238 (1936)
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AND ANSWERS 2026 VERIFIED.
Article I of the U.S. Constitution expressly grants:
a Congress all legislative powers enumerated in the Constitution.
b The President executive powers.
c The Supreme Court (and inferior courts as established by Congress) judicial powers.
d Federal agencies legislative, executive, and judicial powers. - ANS A.
Federal agencies disrupt the traditional arboreal (three branches) model of federal governance
because:
A. Federal agencies exercise quasi-Article I powers by making policies and arguably legislating
based on authority delegated by Congress.
B. Federal agencies exercise Article II powers by executing, enforcing, and implementing the
laws passed by Congress.
C. Federal agencies exercise quasi-Article III powers by adjudicating rights and interests as well
as providing authoritative interpretations of law.
D. All of the above - ANS D. All of the above
Which is not an argument in favor of the non-delegation doctrine?
a Article I says "[a]ll legislative Powers herein granted shall be vested in a Congress of the United
States"
b Structural Argument: No Bicameralism and Presentment for Agency Legislating
c Necessary and Proper Clause
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,d Blackstone-Locke-Montesquieu separation of powers between law makers, executors, and
adjudicators - ANS c Necessary and Proper Clause
In its original formulation in 1930s, the Supreme Court asked all of the following questions on
non-delegation except:
a. whether Congress has declared a policy with respect to the subject
b. whether Congress has provided for judicial review of the executive action
c. whether Congress has set up a standard for the agency's action
d. whether Congress has required any finding by the agency in the exercise of the authority -
ANS b. whether Congress has provided for judicial review of the executive action
In the Benzene case, which Justice was least influenced by the non-delegation doctrine?
a Stevens
b Rehnquist
c Marshall - ANS C. Marshall
The non-delegation canon has been framed in all of the following ways except:
a. a doctrine that invalidates statutes as unconstitutional delegations
b. an interpretive rule that encourages courts to interpret broad statutory delegations to include
decisional criteria
c. an interpretive rule that encourages courts to interpret broad delegations more narrowly
d. a major questions doctrine - ANS a. a doctrine that invalidates statutes as unconstitutional
delegations
In Gundy, the Court:
a
upheld the statute on intelligible principle grounds
b
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, upheld the statute by invoking the nondelegation canon to narrow its scope ("how," not
"whether")
c
struck the statute down on intelligible principle grounds
d
overruled the intelligible principle approach and adopted a broader nondelegation doctrine to
strike down the statute - ANS a. upheld the statute on intelligible principle grounds
Under Justice Gorsuch's approach to non-delegation, Congress can delegate all of the following
to federal agencies except:
a. Once Congress makes policy decisions, it may delegate implementation details to a federal
agency.
b. Once Congress identifies important policy questions, it may delegate authority to a federal
agency to decide whether to regulate in those areas.
c. Once Congress prescribes rules governing private conduct, it may make the application of that
rule depend on executive fact-finding.
d. Congress may assign the executive and judicial branches certain non-legislative
responsibilities. - ANS b. Once Congress identifies important policy questions, it may delegate
authority to a federal agency to decide whether to regulate in those areas.
Under current doctrine, an agency can subdelegate:
a. Within the agency even without express statutory authorization to subdelegate
b. Outside the agency even without express statutory authorization to subdelegate
c. Both A and B
d. Same as nondelegation doctrine generally with emphasis on breadth of delegation
e. Never - ANS a. Within the agency even without express statutory authorization to
subdelegate
Which case seemed to hold that Congress cannot delegate policymaking authority to private
parties?
a. Carter v. Carter Coal Co., 298 U.S. 238 (1936)
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