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11. Which of the following statements about this statute is correct?
A newly enacted federal statute appropriates $100 million in federal funds to support basic research by universities located in the United States. The statute provides that «the ten best universities in the United States» will each receive $10 million. It also provides that «the ten best universities» shall be «determined by a poll of the presidents of all the universities in the nation, to be conducted by the United States Department of Education.» In responding to that poll, each university president is required to apply the well-recognized and generally accepted standards of academic quality that are specified in the statute. The provisions of the statute are inseverable.
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A is incorrect. Congress's creation of a polling system to allocate the funds is not an unconstitutional delegation of legislative power. The statute limits the discretion of the university presidents to specific well-recognized and generally accepted standards of academic quality, and so the power granted to the university presidents is very narrow.
B is incorrect. Limiting the funding to the ten best universities is a reasonable line to have drawn, given the fact that the funds are limited.
D is incorrect. The validity of a statute will nearly always be justiciable and not a political question. This statute is not the type of action and is not on a subject that is clearly committed to the sole discretion of Congress by the Constitution, and ruling on the validity of a statute provides judicially manageable standards.