Question

The Food and Drug Administration (FDA) regulates the distribution of Gensol. The FDA is a federal executive agency. It has rules about off-label marketing of drugs. In order for the FDA’s rule to hold the weight of law, it must:____________.

Answer 1

Answer:

have received its powers through the delegation doctrine.

Explanation:

The delegation doctrine establishes that Congress has the power to delegate authority to federal administrative agencies (e.g. FDA) which enables them to create rules regulating certain specific activities, and to provide oversight regarding the specific activities that they regulate.

In order to create this federal agencies and to delegate them authority, Congress must pass enabling legislation by which the agency is created. This legislation must specify the agency's name, purpose, functions and the specific powers being delegated to them.