Discretionary and Rulemaking Authority Practice Test

The supremacy clause: federal communications rules automatically override state broadcasting laws, regardless of whether Congress provided any delegation standard.

The exclusionary rule: evidence obtained in violation of the Fourth Amendment must be suppressed in criminal trials involving broadcast licensing disputes.

The merit system: agency hiring must be based on competitive examinations, which prevents Congress from delegating policymaking authority to administrators.

The commerce clause: Congress may regulate interstate broadcasting markets, so agencies may regulate without any statutory limits or procedural requirements.

The intelligible principle requirement: Congress must provide a guiding standard so agencies exercise delegated authority rather than making policy with no direction.