Multistate Bar Examination Practice Question

A federal statute requires employers to provide workers with paid family leave. To fund this program, Congress levies a tax on businesses generating annual revenue exceeding $500,000. A business owner challenges the law, arguing that Congress lacks the authority to impose this regulation and tax. Which of the following is the most accurate basis for Congress's authority to enact this statute?

  • Congress can regulate the states through its Necessary and Proper Clause, enabling any action required to enforce federal laws.

  • Congress’s power stems from the Equal Protection Clause of the Fourteenth Amendment to promote fair workplace policies.

  • Congress derives authority from the 10th Amendment to provide for the public welfare and ensure uniformity in employment standards across the states.

  • Congress has authority under the Commerce Clause to regulate economic activity substantially affecting interstate commerce and under its taxing power to fund programs advancing the general welfare.

Multistate Bar Examination
Constitutional Law
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