Question

1. if congress creates a federal agency to regulate emerging technology, which reasoning from mcculloch v. maryland would most directly justify this action? the constitutions silence on technology means only states can regulate it. congress may use implied powers if the action is appropriate to achieve a legitimate constitutional end. the judiciary must decide whether each new federal agency is necessary. states retain concurrent power over all issues not explicitly federalized.

Explanation:

In McCulloch v. Maryland, the Supreme Court established that Congress has implied powers (under the Necessary and Proper Clause) to take actions appropriate for achieving legitimate constitutional ends, even if not explicitly stated in the Constitution. The first option is incorrect as it limits federal power, the third is incorrect (the judiciary doesn’t decide agency necessity in this context), and the fourth misrepresents concurrent powers. The second option aligns with the implied powers reasoning from McCulloch v. Maryland.

Answer:

B. Congress may use implied powers if the action is appropriate to achieve a legitimate constitutional end.