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Where there has been evidence of congressional knowledge of and acquiescence in a long-standing agency construction of its own powers, courts have occasionally concluded that the agency construction had received a de facto ratification by Congress. See Power Reactor Development Co. v. Int. Union of Elec., Radio & Machine Wkrs, 367 U.S. 396, 409, 81 S. Ct. 1529, 6 L. Ed. 2d 924 (1961); cf. Boesche v. Udall, 373 U.S. 472, 482-483, 10 L. Ed. 2d 491, 83 S. Ct. 1373 (1963). 


But de facto ratification through acquiescence in an administrative construction is not lightly attributed. See Zuber v. Allen, supra, 396 U.S. at 193; Power Reactor Development Co. v. Int. Union of Elec., Radio & Machine Wkrs, supra; Ex parte Endo, 323 U.S. 283, 303 n.24, 89 L. Ed. 243, 65 S. Ct. 208 (1944). For example with respect to the FTC; Congress, in expanding the agency's powers in several discrete areas of marketing regulation, affirmatively enacted limited grants of substantive rule-making authority in the Wool Products Act of 1939, n33 the Fur Products Labeling Act of 1951, See 15 U.S.C. §§ 69a(a)-(c), 69f(b) (1970) the Flammable Fabrics Act of 1953 as amended in ...

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