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28. Which of the following provides the best source of authority for this federal statute?
In response, Congress enacted a statute prescribing detailed procedural requirements for the disciplinary proceedings of all state vocational licensing boards. The statute requires the state boards to provide licensees with adequate notice and opportunity for an adjudicatory hearing in all disciplinary proceedings. The statute also prescribes membership criteria for state vocational licensing boards, designed to ensure that the boards are likely to be neutral.
Congressional committees heard testimony from present and former holders of licenses issued by state vocational licensing boards. According to the testimony, the boards had unfairly manipulated their disciplinary proceedings in order to revoke the licenses of some license holders as a means of protecting favored licensees from competition.
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The Fourteenth Amendment affords individuals with procedural due process protections, requiring states to act with adequate or fair procedures when depriving a person of life, liberty or property. Once you determine that a person's property interest is being impaired, you have to determine exactly what «process» the person is entitled to receive. Proper process typically involves two requirements: (i) notice; and (ii) an opportunity to respond before the termination of that interest.
Under Article I, Section 8, Congress has the right to «lay and collect taxes. .. to pay the debts and provide for the. .. general welfare of the United States. . .» But the phrase «provide for the. .. general welfare» modifies «lay and collect taxes. .. to pay the debts. . .» Therefore, Congress may spend for the general welfare, it may tax for the general welfare, but it may not regulate for the general welfare. See United States v. Butler, 297 U.S. 1 (1936). For this reason, a congressional regulatory scheme usually has to be justified as a reasonable means of carrying out some other enumerated power.
The Privileges and Immunities Clause of Article IV, also called the Comity Clause, protects state residents from being discriminated against by other states in the realm of fundamental rights and essential activities.
The Takings Clause of the Fifth Amendment prohibits the federal government from taking property from an individual without paying fair compensation for the property taken.
A is correct. Section 5 of the Fourteenth Amendment allows Congress to pass legislation to remedy discrimination prohibited by the Amendment, which includes this statute here because: (i) it seeks to prevent or remedy unfair, discriminatory practices of favoritism by the state vocational licensing boards, which violates procedural due process; and (ii) the requirements imposed by the statute (providing licensees with notice and opportunity for a disciplinary hearing, as well as membership criteria to ensure board neutrality) are congruent with and proportional to the due process violations it addresses.
B is incorrect. Although the General Welfare Clause gives Congress the power to tax and spend for the general welfare, neither of these powers is at issue under this federal statute.
C is incorrect. There are no facts indicating that the statute addresses discrimination against out-of-state residents, or that the «favored licenses» were in any way related to in-state versus out-of-state citizens.
D is incorrect. The Takings Clause of the Fifth Amendment is a limitation on the federal government's exercise of eminent domain, but this question does not raise any such issues.