Multistate Bar Examination Practice Question

Congress enacted the Renewable Energy Advancement Act, which establishes a federal agency tasked with coordinating and promoting renewable energy projects across all states. Several states challenge the Act, claiming that Congress lacks the authority under its 'other powers' to create such an agency. What is the most likely outcome of this challenge?

  • The court will uphold the Act, finding that Congress has the authority under the Necessary and Proper Clause to create the agency.

  • The court will choose not to make a decision, deferring to Congress's discretion without reviewing its 'other powers'.

  • The court will require that Congress obtain explicit consent from the states before establishing the agency.

  • The court will challenge the Act, determining that Congress does not have the authority under its 'other powers' to establish a federal renewable energy agency.

Multistate Bar Examination
Constitutional Law
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