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19. Which of the following arguments best supports a finding that the rule providing for the fines is constitutional?
Congress passed a statute directing the United States Forest Service, a federal agency, to issue regulations to control campfires on federal public lands and to establish a schedule of penalties for those who violate the new regulations. The statute provides that the Forest Service regulations should «reduce, to the maximum extent feasible, all potential hazards that arise from campfires on Forest Service lands.» The Forest Service issued the regulations and the schedule of penalties directed by Congress. The regulations include a rule that provides for the doubling of the fine for any negligent or prohibited use of fire if the user is under the influence of alcohol or drugs.
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A is incorrect. The executive branch does not have inherent rule-making authority over public lands. Article I, Section 8, Clause 17 gives Congress power to provide for the regulation of activity on such lands. The executive's rule-making authority over public lands is limited to that which is provided by Congress. In this case, it is Congress's proper delegation of rule-making authority to the Forest Service to issue campfire regulations and penalties that best support the Service's rule.
C is incorrect. The compelling nature of the government's regulatory interest is neither necessary nor sufficient to justify the Forest Service's regulation. The constitutional requirement is that the regulation be pursuant to a valid act of Congress. In this case, it is Congress's proper delegation of rule-making authority to the Forest Service to issue campfire regulations and penalties that best support the Service's rule.
D is incorrect. Although law enforcement is an executive function, the constitutional exercise of that function requires that the executive act pursuant to congressional authorization provided by law. In this case, it is Congress's proper delegation of rule-making authority to the Forest Service to issue campfire regulations and penalties that best support the Service's rule.