The Necessary and Proper Clause

question 22

Multiple Choice

The necessary and proper clause

• A) has expanded the role of the national government relative to the states.
• B) has increased the powers of the state governments at the expense of Congress' powers.
• C) was in the original Constitution, but was eliminated as a consequence of the Twenty-seventh Amendment.
• D) has served to limit the expansion of national authority.
• E) is located in the Constitution in the text of the Tenth Amendment.

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Definitions:

Persuasive Authority

References or citations that a court may consider in making its decision but is not obliged to follow because they come from a different jurisdiction or are secondary sources.

Sixth Circuit

A federal judicial circuit in the United States that encompasses parts of the Midwest, including Kentucky, Michigan, Ohio, and Tennessee.

Eighth Circuit

Refers to the United States Court of Appeals for the Eighth Circuit, a federal court with appellate jurisdiction over the district courts in certain Midwestern and Southern states.

Case on All Fours

Describes a case with factual and legal circumstances so similar to a case at hand that its precedent is considered highly persuasive.