Issue whether magaa violates the nondelegation

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ISSUE: Whether MAGAA violates the nondelegation doctrine. RULE : When congress confers decision-making authority upon agencies, the legislation in question must “lay down on intelligible principle.” In applying this rule, courts almost always defer to congress. APPLICATION : Despite the court’s usual deference in this area, MAGAA’s delegation of authority to “make America great again” contains no intelligible – or even discernable – principle to guide agency rule-making. CONCLUSION : Therefore, MAGAA violates the nondelegation doctrine. o Problem 2 - Koch Industries, Inc. v. Obama. In October of 2022, spurred by another record-setting hurricane and wildfire season, Congress passes the Climate Change Control Act, which authorizes the Environmental Protection Agency “to set standards for emissions of carbon dioxide at the level required to reduce per capita emissions to 10 metric tons/year by 2035.” The bill is immediately signed into law by President Oprah Winfrey, whose EPA administrator Barack Obama quickly sets his agency to work drafting the new
standards. After months of hard work, a broadly grinning Obama announces the approval of strict new limits on fossil-fuel-generated electric power. Within minutes, Koch Industries, Inc. files suit challenging CCCA as an unconstitutional delegation of legislative power to the EPA. Is this suit likely to succeed? ISSUE: Whether CCCA violates the nondelegation doctrine. RULE : When congress confers decision-making authority upon agencies, the legislation in question must “lay down on intelligible principle.” In applying this rule, courts almost always defer to congress. APPLICATION : The CCCA’s delegation of rule-making authority to the EPA I limited by a clear and unusually precise principle – the emissions standards EPA sets should aim “to reduce per capita emissions to 10 metric tons/year by 2035.” CONCLUSION : Therefore, CCCA does not violate the nondelegation doctrine. o Problem 3 - Koch Industries, Inc. v. Warren. In October of 2022, spurred by another record-setting hurricane and wildfire season, Congress passes the Save Our Planet Now Act (SOPNA), which authorizes the Environmental Protection Agency “to adopt such rules as the Administrator judges appropriate to protect the environment.” The bill is immediately signed into law by President Bernie Sanders, whose EPA administrator Elizabeth Warren quickly sets her agency to work drafting new rules that she is heard to remark privately “will make David Koch squeal like a stuck pig.” After months of hard work, a broadly grinning Warren announces a total ban on fossil-fuel generated electricity to be phased in by 2035. Within minutes, Koch Industries, Inc. files suit challenging SOPNA as an unconstitutional delegation of legislative power to the EPA. Is this suit likely to succeed?

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