Whether Congress violated Article I, § 1 by improperly vesting the Department of Health and Human Services with discretion to determine criminalized activities

QUESTIONS PRESENTED 1. Whether Congress, in crafting 42 U.S.C. § 1230a7b(b) and related provisions, violated Article I, § 1 of the United States Constitution by improperly vesting the Department of Health and Human Services with virtually unlimited discretion to determine which activities would be criminalized and which would not. 2. Whether this Court should adopt—at least for legislation pursuant to which Congress delegates to an Executive agency the power to determine the scope of the criminal law—a more robust test to determine whether Congress’s delegation of rulemaking authority violates the principles embodied in Article I, § 1 of the United States Constitution.