Question

Which of these actions are prohibited by the Constitution? Check all that apply.

passing “necessary and proper” laws
suspending habeas corpus during peacetime
borrowing money for the government
creating a national religion
creating a law ex post facto

Answer 1

Prohibited by the Constitution:
- Suspending habeas corpus during peacetime (Art. I, §9: writ may be suspended only in rebellion or invasion)
- Creating a national religion (1st Amendment: Congress shall make no law respecting an establishment of religion)
- Creating an ex post facto law (Art. I, §9 (federal) and §10 (states): no ex post facto laws)

Not prohibited:
- Passing “necessary and proper” laws (this is expressly authorized — Necessary and Proper Clause)
- Borrowing money for the government (Congress has the power to borrow — Art. I, §8)