Congress has enacted the Cybersecurity Enhancement Act, which establishes nationwide standards for data privacy and security practices for all private sector companies handling consumer data. A state government challenges the Act, arguing that regulating data privacy exceeds Congress's constitutional powers. Which of the following best supports Congress's authority to enact this legislation?
The Act affects the separation of powers by granting legislative authority over matters traditionally handled by the judiciary.
Congress lacks the authority to regulate private sector activities, as the Constitution grants it power over public institutions.
Congress is creating regulations that should be managed by individual states due to the Tenth Amendment.
Congress is exercising its power to regulate interstate commerce, which is an enumerated power expanded by the Necessary and Proper Clause to address modern issues like data privacy.
The correct answer identifies an implied power under the Necessary and Proper Clause, which allows Congress to pass laws essential to executing its enumerated powers, such as regulating interstate commerce. This supports the authority to regulate data privacy as it affects interstate economic activities. Other options may misinterpret the scope of congressional power or incorrectly apply constitutional limits.
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What is the Necessary and Proper Clause?
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How does the regulation of interstate commerce support data privacy laws?
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What does the Tenth Amendment imply about state powers versus federal powers?