Difficulty: Hard

Average Score: 33%

"The powers, rights, and authority, granted to the general government by this Constitution, are as complete, with respect to every object to which they extend, as that of any state government- It reaches to every thing which concerns human happiness- Life, liberty, and property, are under its control [sic]. There is the same reason, therefore, that the exercise of power, in this case, should be restrained within proper limits, as in that of the state governments."

Based on the passage, with which constitutional clause would the author disagree?

Rationale

The author would disagree with the Necessary and Proper Clause.

The passage emphasizes the importance of restraining government power within proper limits, suggesting that the author is cautious about broad interpretations of governmental authority. The Necessary and Proper Clause could be seen as granting expansive powers that may exceed those limits.

A (Necessary and Proper Clause) CORRECT

The Necessary and Proper Clause allows Congress to make laws deemed necessary for executing its powers, which can lead to broad interpretations of federal authority. Given the author’s concern about restraining governmental power, they would likely disagree with this clause, as it could be used to justify an overreach of authority beyond the Constitution's explicit limits.

B (Full Faith and Credit Clause) YOUR ANSWER

The Full Faith and Credit Clause mandates that states honor the public acts, records, and judicial proceedings of other states. This clause facilitates cooperation and unity among states and does not directly infringe upon the limits of federal power as described in the passage. The author would not likely disagree with this clause since it supports state rights and responsibilities.

C (Impeachment Clause) YOUR ANSWER

The Impeachment Clause outlines the process by which federal officials can be removed from office, reflecting a system of checks and balances. The author’s focus on proper limits of power aligns with the purpose of impeachment, which is to hold officials accountable. Therefore, the author would not disagree with this clause.

D (Commerce Clause) YOUR ANSWER

The Commerce Clause gives Congress the power to regulate interstate commerce. While it grants significant authority, it has historically been interpreted in ways that respect state rights. The author might not disagree with this clause, as it can be seen as a necessary function of the federal government to ensure economic stability and fairness among states.

Conclusion

The author’s emphasis on limiting governmental power suggests a disagreement with the Necessary and Proper Clause, which could enable expansive interpretations of federal authority. In contrast, the other clauses mentioned—Full Faith and Credit, Impeachment, and Commerce—do not inherently conflict with the author's concerns about restraining power within constitutional limits. This distinction highlights the author's preference for a more restrained approach to government authority as outlined in the Constitution.