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.