Multistate Bar Examination Practice Question

Congress passed a federal statute authorizing the president to impose economic sanctions on any foreign country that engages in cyberattacks against the United States. The law further delegates to the president the discretion to determine the scope and duration of such sanctions. After a significant cyberattack by a foreign nation, the president implemented severe trade restrictions on that country. The country challenges the measures in a U.S. court, arguing that Congress improperly delegated its authority to the president. Is this delegation constitutional?

  • Yes, Congress has general authority to delegate foreign affairs-related powers to the president due to the president's role in implementing international policies.

  • No, the delegation is unconstitutional because Congress has significant responsibility for economic sanctions involving foreign nations.

  • No, the delegation is unconstitutional because Congress has limited discretion when granting authority to the president in matters of foreign relations or war.

  • Yes, Congress provided guidelines for the imposition of sanctions and delegated the implementation details to the president, which aligns with constitutional principles.

Multistate Bar Examination
Constitutional Law
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