Multiple choice

In Schecter Poultry Corp. v. United States (1935), the Supreme Court overturned the conviction of a poultry dealer who had allegedly engaged in illegal sales practices. What would you say was the most important problem with the statute or prosecution in Schecter?

  1. There was insufficient evidence that Schecter had selected particular chickens to suit particular customers.

  2. The statute did not create an "intelligible principle" to guide the agency in its definition of the statutory phrase "fair competition."

  3. Congress attempted in that statute to delegate to an administrative agency the power to define criminal conduct.

  4. The statute gave to trade associations and other unaccountable private groups the power to draft "codes" of fair competition that the government could adopt and enforce.

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

The statute gave to trade associations and other unaccountable private groups the power to draft "codes" of fair competition that the government could adopt and enforce.