Wanted to gripe about/hear other takes on a problem. MPQ2, Mixed Set 7, Question 25. I know these queries are sometimes boring, and I apologize to all for having to even read this far because I am being petty over 1 missed MBE question.
The gist of the question is, given a US congressional regulation requiring specifications for containers that nonprescription drugs had to be in for marketing those products, is congress's power to pass this legislation derived from the Necessary and Proper Clause or the Commerce Clause. Barbri says the answer is commerce clause.
My initial answer (in my head) was both; obviously I needed to choose one or the other. The grant of power over interstate congress certainly puts the subject of this legislation in the realm of commerce clause, but the very power to adopt the legislation (and the stem of the question is: "Congress's power to pass this legislation is derived from:"), in my mind, comes from N+P. So I focused on the "power to pass" language. To bolster my case, I cite to http://en.wikipedia.org/wiki/Necessary_ ... per_Clause
, in the Later Applications section.
Can someone explain to me why this is wrong? In general, I'm bad at con law, so I will happily defer to everyone else's choice wisdom.
Again, sorry for being petty.