5. Which of the following acts by the United States Senate would be constitutionally IMPROPER?

Article I, Section 5, Clause 1 of the Constitution provides the exclusive qualifications to be a member of Congress, and neither a state nor Congress itself may add to or change such qualifications to federal office, absent a constitutional amendment. However, the Constitution expressly delegates to each house of Congress the authority to be the final judge of the qualifications of its own members.

The Constitution grants Congress a number of specific powers, many of which are enumerated in Article I, Section 8. However, the constitutional authorization for Congress to act does not have to be explicit; it can also be implied. Congress has auxiliary power under the Necessary and Proper Clause, which gives Congress the power to make all laws necessary and proper (i.e., appropriate) for carrying into execution any power granted to any branch of the federal government. Congress may not, however, adopt a law that is expressly prohibited by another provision of the Constitution. Congress's invocation of its powers under the Necessary and Proper Clause also must be rationally related to objectives stemming from its enumerated constitutional powers. See McCulloch v. Maryland, 17 U.S. 316 (1819). Although nothing in the Constitution explicitly gives the federal government the power to regulate foreign affairs (though Article I, Section 8 gives Congress the right to «regulate Commerce with foreign Nations»), the federal government's right to conduct foreign affairs is generally considered to be implied.

Article III, Section 2 states: «The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.» (emphasis added)

Article V gives Congress the power to propose, by a two-thirds vote, a constitutional amendment for ratification by three-fourths of the states. When Congress sends a proposed amendment to the states for ratification, it will typically dictate a time frame in which the ratification process must be completed.

C is correct. Under Article III of the U.S. Constitution, the U.S. Supreme Court is explicitly given the authority to resolve controversies between two states. Neither Congress nor the Senate alone is given that power. Therefore, it would be improper for the Senate to appoint a commission to adjudicate a boundary dispute between two states.

A is incorrect. This is a proper action under Article V, which gives Congress the power to propose, by a two-thirds vote, a constitutional amendment for ratification by three-fourths of the states. Typically Congress has certain powers regarding the ratification process, which includes, for example, the imposition of time limits within which the states must complete ratification of the proposed amendment. Therefore, it is constitutional for the Senate to decide, with the House of Representatives, that a disputed state ratification of a proposed constitutional amendment is valid.

B is incorrect. This is a proper action under Article I, Section 5, Clause 1, which gives each congressional house, including the Senate, the authority to make final determinations regarding the qualification requirements of its members. As such, the Senate may properly determine the eligibility of a person to serve as a senator.

D is incorrect. This is a proper action under Article I, which gives Congress the power to enact any laws that are necessary and proper for carrying into execution powers by any branch of government, as long as two requirements are met: (i) the enacted law is not otherwise prohibited under the Constitution; and (ii) the legislation is rationally related to objective (s) that stem from its enumerated powers. See McCulloch v. Maryland, 17 U.S. 316 (1819). Under Congress's enumerated powers, some are considered implied, such as the federal government's right to conduct foreign affairs. Therefore, Congress's passage of a resolution calling on the President to pursue a certain foreign policy is permissible.