1. Congress enacts the "Interstate Shipment of Geckos Act." In that: act; the president (or a designers) is given authority to: establish rules governing the interstate shipment of geckos; establish penalties for violations of the act and rules promulgated by the president; and appoint gecko magistrates who will hear all cases that arise under the act. The magistrates are answerable to the president and no other judicial review is available. When promulgating rules, the president shall take into account the behavior and needs of geckos, all health considerations, and the effect that geckos will have on indigenous ora and fauna. The goal of the act is to prevent the spread of disease and to protect indigenous animals and plants. a. Is the delegation of quasilegislative authority constitutional? Explain your answer. In the gecko problem, the delegation by Congress of quasilegislative authority is too broad. Congress has charged the body with establishing rules governing the interstate shipment of geckos (Admin. Law, th ed., p. 141). In the case Waymmi v. Southar'd [1825], the Court ruled that an agency is to ll in the details and procedures in a general legislation. In this instance, Congress has provided the agency with too little direction. Another interesting component of this question is the consideration of the Commerce Clause, which states that Congress has the right to legislate on interstate commerce. In this instance, Congress is merelyr passing its rights to another source. It is clearly outlined in the United States v. Critoaud [2211] US. SE16 {1911)} that an agency must act on broad legislation that has been set up by Congress. In the enacting statute for the Interstate Shipment of Geckos Act USGA}, no such legislation is discussed in which the agency is directed to use as a basis for its rulemalring. In Panama Refining Co. v. Ryan [293 [1.5. 338 (1935)], the Supreme Court ruled that the decision of whether to control the interstate shipment of products is legislature in nature and does not belong in the executive branch. The executive branch does not make the rules for interstate commerce. This would strike down the ISCA's first authoritative right: "the president's is given authority to establish rules governing the interstate shipment (Admin. Law, 6th ed., 141}. This delegation of quasilegislative authority also violates the intelligible principle. That is, Congress has not provided the ISGA with \"sufcient standards" to guide and limit this proposed agency's discretion. Congress has provided that ISCA will take into account the behavior and needs of geckos, all health considerations, and the effect that the geckos will have on irniigenous ora and fauna Congress has not provided the proposed agency with any direction or "starting points". There is no reference to any legislation that Congress has already enacted and there are no limits placed on the ISGA: ranswerable to the president and no other judicial review is available' (Admin. Law, 5th ed., 141] [Mistretta v. United States [488 [21.5. 351 [1983)]. Therefore, Congress has not provided the [SEA with enough guidance to make its delegation of quasilegislative authority constitutional