Crucial Exams

Multistate Bar Examination Practice Question

Congress has enacted the Cybersecurity Enhancement Act, which establishes nationwide standards for data privacy and security practices for all private sector companies handling consumer data. A state government challenges the Act, arguing that regulating data privacy exceeds Congress's constitutional powers. Which of the following best supports Congress's authority to enact this legislation?

  • Congress is creating regulations that should be managed by individual states due to the Tenth Amendment.

  • Congress lacks the authority to regulate private sector activities, as the Constitution grants it power over public institutions.

  • The Act affects the separation of powers by granting legislative authority over matters traditionally handled by the judiciary.

  • Congress is exercising its power to regulate interstate commerce, which is an enumerated power expanded by the Necessary and Proper Clause to address modern issues like data privacy.

Multistate Bar Examination
Constitutional Law
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