Which of the following is NOT a way for Congress to constrain agencies?

Appropriations authority

Appointment of Administrators

Enforcement Discretion

Agency design

Which of the following is NOT a way for the President to control agencies?

Enforcement discretion

Guidance documents

Centralized Regulatory Review

Detailed Legislation

Which of the following Presidential powers requires the advice and consent of the Senate?

Veto Power

Appointment Power

Authority to "faithfully execute" laws

Foreign relations power

Which of the following is NOT a way that Congress can restrain an agency through its design?

Limiting the agency's authority to engage in rulemaking

Restricting the agency head's term in office

Requiring agency heads to be fired only for "good cause"

Putting members of the White House on relevant Boards or Commissions

In the FDA Tobacco Case, the Supreme Court held that the FDA is authorized to regulate nicotine.

True

False

Which of the following is most consistent with the FDCA's definition of a "drug"?

Only articles intended for treatment, cure, or prevention of a disease

Articles intended to affect the structure of any function of the body

Articles that give an unnatural "high"

Stimulants, depressants, painkillers and hallucinogens

Which of the following was NOT part of the Supreme Court's reasoning in the FDA Tobacco Case?

The FDA had repeatedly asserted that it lacked jurisdiction

The substance of Congress's regulatory scheme was incompatible with FDA jurisdiction

Congressional intent supported allowing FDA to regulate nicotine

The statute's reference to "safety" did not support FDA regulation

Which of the following was NOT part of the dissent's reasoning in the FDA Tobacco case?

Congress passed subsequent legislation addressing the health effects of nicotine/tobacco

The Act's language, purpose, and history all support FDA regulation

The majority's reliance on later legislative history was unpersuasive

The FDA's reasons for changing course were justified