Crucial Exams

Multistate Bar Examination Practice Question

Congress has enacted the Digital Privacy Act, establishing a federal agency to regulate data privacy standards for all technology companies nationwide. Several technology firms argue that Congress does not have the authority to create such an agency under its enumerated powers. Under the Necessary and Proper Clause, how should the courts assess the constitutionality of the Digital Privacy Act?

  • Upheld when related to executing an enumerated power such as regulating interstate commerce.

  • Upheld as it relates to national security and protecting the infrastructure from interference.

  • Struck down if data privacy is not addressed as an enumerated power.

  • Upheld when the Constitution explicitly addresses data privacy.

Multistate Bar Examination
Constitutional Law
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