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 as it relates to national security and protecting the infrastructure from interference.
Upheld when the Constitution explicitly addresses data privacy.
Struck down if data privacy is not addressed as an enumerated power.
Upheld when related to executing an enumerated power such as regulating interstate commerce.
The Necessary and Proper Clause permits Congress to pass laws that are appropriate for carrying out its enumerated powers. If the Digital Privacy Act is related to an existing enumerated power, such as regulating interstate commerce, the courts would uphold it. The other options incorrectly suggest limitations based on explicit constitutional mentions or lack thereof, which do not align with the flexible nature of the Necessary and Proper Clause.
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