Question

Assignment: Assignment 2

Congress has enacted the Emergency Soda and Soft Drinks Price Control Act. Under it, the

Price Administrator was given the authority to "establish such maximum price or prices

that in his judgment will be generally fair and equitable and will effectuate the purposes of

the Act." The Price Administrator can do this when, in his judgment, soda and soft drink

prices rise or threaten to rise to an extent or in a manner inconsistent with the purposes of

the Act.

Using the test articulated in Mistretta v. United States, 488 U.S. 361 (1989), please write an

IRAC style essay to explain whether the Act articulates an "intelligible principle" sufficient

to constitute a valid delegation of power.

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