Difficulty: Hard

Average Score: 33%

The excerpt below is from the Fifth Amendment to the U.S. Constitution.nor shall private property be taken for public use, without just compensation.Source: National Archives and Records Administration/Public Domain

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 that the powers granted to the general government are complete and should be restrained within proper limits. The Necessary and Proper Clause, which allows Congress to make laws deemed necessary to execute its powers, could be interpreted as justifying expansive government authority, which the author seems to oppose.

A (Necessary and Proper Clause) CORRECT

The author’s concern about the complete powers of the general government suggests a disagreement with the Necessary and Proper Clause, as it can be used to justify broad and potentially unchecked governmental authority. This clause provides Congress the ability to enact laws that extend beyond explicitly enumerated powers, which may contravene the author's call for restraint.

B (Full Faith and Credit Clause) YOUR ANSWER

The Full Faith and Credit Clause requires states to recognize the public acts, records, and judicial proceedings of other states. This clause does not directly pertain to the powers of the federal government or its limits, and thus, there is no indication in the passage that the author would disagree with it.

C (Impeachment Clause) YOUR ANSWER

The Impeachment Clause outlines the process for removing federal officials. This clause is about checks on power rather than the expansion of government authority. The author’s argument does not address the impeachment process, making it unlikely they would oppose this clause.

D (Commerce Clause) YOUR ANSWER

The Commerce Clause grants Congress the power to regulate commerce among states. While it does expand federal authority, the passage does not indicate a disagreement with it. The author’s focus is on the completeness of powers, rather than on specific clauses concerning commerce.

Conclusion

In summary, the author expresses a concern regarding the expansive powers of the federal government as outlined in the Necessary and Proper Clause. By emphasizing the need for restraint, the author implies that this clause could lead to an overreach of federal authority, conflicting with their view of the limits necessary for government power. The other clauses mentioned do not directly challenge the author’s argument as they pertain to checks on power or state interactions.