Courts are not bound by agency interpretation of statutes.
a. True
b. False
In South Dakota v. Department of Interior, the delegation of power to the Secretary
of the Interior to acquire land in trust for the Lower Brule Tribe of Sioux Indians
was declared unconstitutional because:
a. the Lower Brule Tribe of Sioux Indians was not recognized as a legitimate
tribe eligible for benefits in the authorizing Act
b. the enabling statute did not articulate the underlying public use that justified
the acquisition and the secretary’s power to purchase land was not properly defined
c. Congress may delegate authority to purchase open federal land but not private
land such as land within established city limits (the City of Oacoma)
d. the statute provided an unfair advantage to Indians, putting other
Constitutionally protected groups at a disadvantage
e. all of the above