Hypotheticals for "Power to Adjuciate" Class
 

I.    Pesticide Safety Law

     Section 1

    No person may distribute, sell or use any pesticide that will cause unreasonable adverse effects on
    human health or the environment.

    Section 2

    The Administrator of EPA may order any person whom the Administrator determines has distributed,
    sold, or used a pesticide in violation of Section 1 to cease distribution, sale or use of the pesticide,
    and the Administrator may impose fines not to exceed $5,000 for each violation of Section 1.

II.    Amendment to the Pesticide Safety Law

    Section 3.    Protection of farmworkers.

    Section 3.1

    In lieu of any remedies available under State law, a farmworker may recover damages from their
    employer in a grievance proceeding held by EPA if the farmworker is injured by exposure to a
    pesticide used by their employer in violation of Section 1 of this Act.

    Section 3.2

    EPA may, in the course of a grievance proceeding, adjudicate any counterclaim arising out of the
    transactions or occurrences that are the basis for the grievance proceeding.
 

III.    Question to think about: What limits would due process, Article III, or the Seventh Amendment
        place on Congress' authority to enact the Pesticide Safety Law and the amended Section 3?