Review Case 15.2, FDA v. Brown & Williamson Tobacco Corp., on p. 460 of your textbook and respond to the questions below. Responses should be individually numbered and attached as a MS Word file.
1. What are the constitutional limitations regarding the legislature’s discretion in delegating authority to administrative agencies?
2. Generally speaking, do administrative agencies typically have a great deal of discretion in exercising their authority? In other words, do courts commonly overturn agency actions by finding they have exceeded their grant of authority?
3. In what way did the FDA exceed its authority with regard to its regulation of tobacco (i.e., what specific action did it take)?
4. Do you agree with the Court’s reasoning in concluding that the FDA exceeded its authority? Explain your response.
