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The US Congress Passes a Law on the Regulation of Internet

Question 26

Multiple Choice

The U.S. Congress passes a law on the regulation of Internet piracy, a concept that the framers obviously could not have conceived of. How does Congress justify their ability to pass a law like this?


A) The supremacy clause gives Congress the power to pass legislation that applies nationally and nullifies any contradicting state laws. Given the need of nation-wide policy on Internet piracy, Congress is the best actor in this case.
B) The Tenth Amendment allows the federal government to assume powers not allocated to the states. As Internet piracy could not have been mandated in the Constitution, the federal government has jurisdiction.
C) The elastic clause, or the "necessary and proper" clause, allows Congress to pass laws that are necessary and proper to the continuation of the republic.
D) The Supreme Court gave Congress this right in the decision Cox v. McCubbins (1797) .
E) The Third Amendment protects citizens from unreasonable search and seizure. However, because Internet piracy is a federal crime, Congress has the ability to permit justified search and seizure to protect the intellectual property of online resources.

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